HomeMy WebLinkAbout01-15-2025 Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
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, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, JANUARY 15, 2025
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • 555 W 6th Street • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran
Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
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Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
4:00 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION Pg. 18
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i.) Janet Aguayo v. City of San Bernardino, Workers’ Compensation Case No. ADJ179431
ii.) Michael Fowler v. City of San Bernardino, Workers’ Compensation Case Nos.
ADJ12765435; ADJ2417513; ADJ4532837; ADJ4488737; and ADJ10324224
iii.) John Phillips v. City of San Bernardino, Workers’ Compensation Case No. ADJ4660620
iv.) Tiffany Ann Harrison v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVSB2325880
v.) Angelica Ortega v. City of San Bernardino, San Bernardino Superior Court Case No.
CIVSB2308185
vi.) Damion “David” Wood v. City of San Bernardino, et al., United States District Court
Case No. 5:23cv00925JAKAS
vii.) Mark Detinne, a minor by and through his Guardian ad Litem Todd Allen Detinne v. City
of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2016739
viii.) Brian Pellis, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case
No. CIVSB2226731
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant
exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
One Item
C) PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION PROCESS
(Criteria, Timing, Goal Setting, and Other Preliminary Matters)
Titles: City Attorney, City Clerk, City Manager
Mayor and City Council of the City of San Bernardino Page 3
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. Proclamation Honoring Disabled American Veterans Chapter 12 for 100 Years of
Service in the City of San Bernardino – January 2025 (All Wards) Pg. 21
CLOSED SESSION REPORT
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CITY MANAGER UPDATE
PUBLIC HEARING
2. Resolution Approving the Issuance of Revenue Obligations by the California
Enterprise Development Authority through Benevolence Industries Inc., a Federally
qualified Health Center Agency within San Bernardino City Limits Pg. 24
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino (“City”)
adopt Resolution No. 2025001 approving the issuance of revenue obligations by the
California Enterprise Development Authority (“Authority”) following a public hearing in
accordance with the requirements of the Federal Tax Equity and Fiscal Responsibility Act
(“TEFRA”) to conduct such a hearing under the authority of the local jurisdiction, and
Internal Revenue Code of 1986 as amended (“Code”).
3. Resolution Approving Street Vacation (15.30442) of a Portion of Iola Place East of
North “D” Street and North of West Baseline Street, and the Reservation of Utilities
Therein (Ward 2) Pg. 33
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2025002 of the Mayor and City Council of the City of San Bernardino,
California, approving the vacation of a portion of Iola Place east of North “D” Street, and
north of West Baseline Street, and the reservation of utilities therein.
4. Public Hearing on Annexation No. 47 (Drivethrough Restaurant located south of
Hospitality Ln and west of Tippecanoe Ave) to Community Facilities District 20191
(Maintenance Services) (Ward 3) Pg. 49
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2.Adopt Resolution No. 2025003 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to Community Facilities District
No. 20191 (Maintenance Services) (Annexation No. 47); and
3. Hold a special landowner election and canvass the election; and
Mayor and City Council of the City of San Bernardino Page 4
4. Adopt Resolution No. 2025004 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No. 2019
1 (Maintenance Services) (Annexation No. 47); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1646 of the
Mayor and City Council of the City of San Bernardino, California, amending Ordinance No.
MC1522 and levying special taxes to be collected during Fiscal Year 20242025 to pay
annual costs of the maintenance and servicing of landscaping, lighting, and streets, a
reserve fund for capital replacement, and administrative expenses with respect to City of
San Bernardino Community Facilities District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1646 for February 5, 2025.
5. Public Hearing on Annexation No. 48 (Piedmont Mobile Home Estates located north
of Highland Ave and east of N. Piedmont Ave) to Community Facilities District 20191
(Maintenance Services) (Ward 4) Pg. 114
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2025005 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to Community Facilities District
No. 20191 (Maintenance Services) (Annexation No. 48); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025006 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No. 2019
1 (Maintenance Services) (Annexation No. 48); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1647 of the
Mayor and City Council of the City of San Bernardino, California, amending Ordinance No.
MC1522 and levying special taxes to be collected during Fiscal Year 20242025 to pay
annual costs of the maintenance and servicing of lighting, street maintenance, park
maintenance, graffiti abatement, and a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1647 for February 5, 2025.
Mayor and City Council of the City of San Bernardino Page 5
CONSENT CALENDAR
6. Accept $1,000 Grant Funding from Best Friends Animal Society (All Wards) Pg. 172
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2025007:
1. Authorizing the Department of Animal Services to accept grant funding in the
amount of $1,000 from Best Friends Animal Society for animal sheltering
programs; and
2. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 Budget to appropriate $1,000 of the grant funding in both revenues and
expenditures for animal shelter programs and services.
7. Adoption of Ordinance MC1645 Development Code Amendment 2404 (ADU 2024
Legislative Update) Pg. 189
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
accept for final reading and adopt Ordinance No. MC1645, approving Development Code
Amendment 2404 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P)
(Residential Zones Specific Standards Accessory Dwelling Units) of the City of San
Bernardino Development Code (SBMC Title 19) in order to update the development
standards for Accessory Dwelling Units in compliance with recent changes in state law; and
finding such action statutorily exempt from the California Environmental Quality Act under
Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).
8. Imposing Liens totaling $243,380.52 on Certain Real Property to Recover Costs for
Code Enforcement Abatements (All Wards) Pg. 206
Recommendation:
Adopt Resolution No. 2025008 of the Mayor and City Council of the City of San Bernardino,
California, imposing liens on certain real property located within the City San Bernardino for
the costs of public nuisance abatements.
9. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
20191 (Maintenance Services): Annexation No. 49, Tax Zone No. 49 (Watt EV Electric
Truck Charging Facility at the intersection of W. Century Ave. and South E St.) (Ward
3) Pg. 246
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2025009 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 20191
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be
proposed (Annexation No. 49) and authorizing the levy of a special taxes therein.
10. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
20191 (Maintenance Services): Annexation No. 50, Tax Zone No. 50 (Chipotle
located at the northeast corner of G St and 5th St) (Ward 1) Pg. 288
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2025010 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 20191
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be
proposed (Annexation No. 50) and authorizing the levy of a special taxes therein.
Mayor and City Council of the City of San Bernardino Page 6
11. Resolution Updating the Computershare Debt Trustee Services Signature Authority
(All Wards) Pg. 322
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution 2025011 updating the City’s bank and debt trustee account signature
authority for Computershare Trust Company.
12. Investment Portfolio Report for October 2024 (All Wards) Pg. 329
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
accept and file the Monthly Investment Portfolio Report for October 2024.
13. Technical Correction to the Appropriations Limits for Fiscal Years 202223, 202324,
and 202425 (All Wards) Pg. 363
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2025022 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations Limit
for Fiscal Years 202223;
2. Adopt Resolution No. 2025023 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations Limit
for Fiscal Years 202324;
3. Adopt Resolution No. 2025024 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations Limit
for Fiscal Years 202425;
4. Reestablish the City’s Appropriations Limits for Fiscal Years 202223, 2023 24,
and 202425 as required by Article XIII of the California State Constitution.
14. Approval of Commercial and Payroll Disbursements and Purchase Card
Transactions for October 2024 (All Ward) Pg. 408
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for October 2024.
15. American Rescue Plan Update (All Wards) Pg. 535
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
receive and file a report on the American Rescue Plan Act (ARPA) funds allocation and
expenditures to date.
16. Approving Job Classifications and Amending the Citywide Classification and
Compensation Plan Pg. 541
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025012:
1. Establishing salary assignments for the classifications of Homeless Outreach
Specialist Homeless Outreach Coordinator, Police Records Manager, Police
Dispatch Manager, Economic Development Specialist, Senior Economic
Development Manager and Veterinarian; and
2. Amending the Citywide salary schedule for fulltime, parttime, temporary, and
seasonal positions.
Mayor and City Council of the City of San Bernardino Page 7
17. PreApproval of Mayor’s Reimbursable Travel for FY 2024/2025 Yale Mayors
College & 151st CEO Caucus (All Wards) Pg. 563
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
preapprove the Mayor’s reimbursable travel to Yale Mayors College & 151st CEO Caucus
for Fiscal Year 2024/25.
18. Approve the Purchase of a Mobile Stage Trailer in the amount of $191,390 for
Special and Citywide Events (All Wards) Pg. 592
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2025013:
1. Approving the award of a Mobile Stage Trailer Agreement with Stageline Mobile Stage
in the amount of $191,390 for the purchase of a mobile stage trailer; and
2. Authorizing the City Manager or his designee to execute the Professional
Services Agreement (PSA) between the City of San Bernardino and Stageline Mobile
Stage; and
3. Authorizing the Director of Finance & Management Services to issue a purchase order
in the amount of $ 191,390 to Stageline Mobile Stage for the purchase of the mobile stage
trailer.
19. Accept the Kaiser Permanente California Community Foundation Grant in the
amount of $60,000, and Appropriate Funds for the Operation Splash 2024 and 2025
Summer Aquatics Programs in the Amount of $60,000 for FY’s 20242026 (All Wards)
Pg. 624
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2025014:
1. Authorizing the City Manager to accept the grant award from Kaiser Permanente in the
amount of $60,000; and
2. Authorizing the City Manager or their designee to conduct all negotiations, signing
and submittals of necessary documents to receive grant awards; and
3. Authorizing the Director of Finance & Management Services to amend the FY
2024/25 Operating Budget by appropriating $60,000 of grant funds in both revenue and
expenditures.
20. Accept the FY 2023 $175,000 Department of Justice Project Safe Neighborhoods
Grant (All Wards) Pg. 648
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025015 authorizing:
1. The City Manager or designee to accept the FY 2023 Department of Justice, Project
Safe Neighborhoods grant funding.
2. The Interim Director of Finance and Management Services to amend FY 2024/25
Adopted Budget appropriating $175,000 in both revenue and expenditures.
Mayor and City Council of the City of San Bernardino Page 8
21. Authorize the City Manager to Execute a 6th Amendment with Dignity Health
Corporation for a Police Services Agreement at Community Hospital San Bernardino
and St. Bernardine’s Medical Center. (All Wards) Pg. 691
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a 6th Amendment with Dignity Health
Corporation, entering into a Police Services Agreement until December 31, 2027.
2. Authorize the Interim Director of Finance and Management Services to amend the FY
2024/25 Operating Budget by appropriating $188,801 in both revenue and expenditures
accordingly.
22. Award of Construction Agreement for the Energy Efficiency & Conservation Grant
Voucher Program Solar Retrofit in the amount of $249,590 to Retrofit Ornamental
Light Poles with Solarpowered LED fixtures (All Wards) Pg. 738
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
California;
1. Authorize the City Manager or designee to approve the award of an
agreement with Sierra Pacific Electrical Contracting in the amount of
$149,776 for the implementation of the Energy Efficiency and Conservation Grant
(EECBG) Voucher Solar Retrofit 2024 project; and
2. Authorize the Director of Finance & Management Services to approve
construction contingencies in the total amount of $99,814 for construction of the
Project, for a total not to exceed project budget of $249,590; and
3. Authorize the City Manager or designee to execute all documents with Sierra
Pacific Electrical Contracting; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
23. Award of Construction Agreement for Improvements at Gutierrez Park to Zeco Inc.,
and Authorize a Project Budget of $1,100,228.38 (Ward 6) Pg. 919
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2025016:
1. Approving the award of a Construction Agreement with Zeco Inc. in the amount
of $887,224.55 for Improvements at Gutierrez Park (Project); and
2. Authorizing the construction contingencies, construction management, and
administrative costs in the total amount of $177,444.91.
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP budget with an additional $100,228.38 from the AB 1600 Parkland
and Op Fund to bring the total project budget to $1,100,228.38.
4. Authorizing the City Manager or designee to execute all documents with Zeco
Inc.; and
Mayor and City Council of the City of San Bernardino Page 9
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
24. Rejecting Construction Bids for Storm Drain Improvement Project (All Wards) Pg. 1183
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025017 Rejecting the Construction Bids for the Storm
Drain Improvement Project.
25. Amendment No. 2 to Agreement with Infrastructure Engineers, A Bowman Company
(Wards 1, 2, 3, 6 & 7) Pg. 1193
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
approve Amendment No. 2 to the Professional Services Agreement with Infrastructure
Engineers, A Bowman Company, extending the term until June 30, 2025 to continue the
provision of construction management and inspections services for the creation and
installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on
three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.
26. Award of Construction Agreement for Improvements at Ruben Campos Community
Center to Perfection Painting Corp, and Authorize a Project Budget of $392,520
(Ward 1) Pg. 1205
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2025018:
1. Approving the award of a Construction Agreement with Perfection Painting Corp
in the amount of $327,100.00 for the Improvements at Ruben Campos
Community Center (Project); and
2. Authorizing the construction contingencies, construction management, and
administrative costs in the total amount of $65,420.00 for construction of the
project.
3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00.
4. Authorizing the City Manager or designee to execute all documents with
Perfection Painting Corp; and
5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).
Mayor and City Council of the City of San Bernardino Page 10
27. Award of Construction Agreement for Improvements at Encanto Park to Global
Builders Inc., and Authorize a Project Budget of $238,665.60 (Ward 6) Pg. 1455
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2025019:
1. Approving the award of a Construction Agreement with Global Builders Inc. in the
amount of $198,888.00 for Improvements at Encanto Park (Project); and
2. Authorizing the construction contingencies, construction management, and
administrative costs in the total amount of $39,777.60 for the construction of the
project.
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP budget with an additional $24,178.80 from the AB 1600 Parkland
and Op Fund to bring the total project budget to $238,665.60.
4. Authorizing the City Manager or designee to execute all documents with Global
Builders Inc.; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
28. Approval for Remaining Grant Funds Allocation for Change Orders – Clean
California Local Grant Program Project (Ward 1) Pg. 1727
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025020:
1. Authorizing the Director of Finance and Management Services the use of the
remaining $79,009.90 in unallocated grant funds for contract change orders
and additional unforeseen field conditions related to Southern California
Edison utility work; and
2. Authorizing the City Manager or designee to execute all necessary
documents, including contract change orders, with SDC Engineering, Inc.;
and
3. Authorizing the City Manager or designee to approve and execute contract
change orders as necessary to complete the project within the approved
budget; and
4. Authorizing the Director of Finance and Management Services to amend the
Capital Improvement Program (CIP) adopted budget to reflect the approved
changes.
Mayor and City Council of the City of San Bernardino Page 11
DISCUSSION
29. Vanir Building Lease Options for a Permit and Plan Check Counter Location and
Office Space Needs Pg. 1739
Recommendation:
Mayor and City Council Receive an update on the lease options for additional office space in
the Vanir Building at 290 N. D Street and provide direction to staff.
30. Unaudited FY 2023/24 YearEnd Update General Fund Financial Update Pg. 1745
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino receive
and file the FY 2023/24 Unaudited YearEnd Update.
31. It is recommended the Mayor and City Council of the City of San Bernardino, adopt
Resolution No. 2025021:
1. Authorizing the City Manager, or designee, to execute an amendment to the agreement
and budget with the Board of State and Community Corrections (“BSCC”) for the California
Violence Intervention and Prevention Program Cycle 4 grant (“Grant”); and
2. Authorizing the City Manager, or designee, to terminate a Professional Services
Agreement (“PSA”) with Victory Outreach San Bernardino (“Victory Outreach”); and
3. Authorizing the City Manager, or designee, to execute an amendment to the PSA with
Operation New Hope; and
4. Authorizing the City Manager, or designee, to execute a Subrecipient Agreement with
Young Visionaries Youth Leadership Academy (“Young Visionaries”), and PSAs with The
Connie Rice Institute for Urban Peace (“Connie Rice”), and Loma Linda University Institute
for Community Partnerships (“Loma Linda”) for community violence intervention services; and
5. Authorizing the Interim Finance and Management Services Director to issue Purchase
Orders to Young Visionaries in a not to exceed (“NTE”) amount of $249,000 (“$249K”),
Operation New Hope in a NTE amount of $458,000 (“$458K”), Connie Rice in a NTE amount
of $110,000 (“$110K”); and Loma Linda in a NTE amount of $142,000 (“$142K”) from BSCC
funding for community violence intervention services; and
6. Authorizing the Interim Finance and Management Services Director to reallocate
$104,969.41 in American Resue Plan Act (“ARPA”) funding from Victory Outreach to Young
Visionaries (in the amount of $50,578.88) and Operation New Hope (in the amount of
$54,390.53).
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
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 on February 05,
2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California
92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Mayor and City Council of the City of San Bernardino Page 12
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that
the agenda for the January 15, 2025, 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 Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on
the City's website sbcity.org on Friday, January 10, 2025.
I declare under the penalty of perjury that the foregoing is true and correct.
Mayor and City Council of the City of San Bernardino Page 13
NOTICE:
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
on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and
the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may
address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21,
2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding
officer determines that the meeting or hearing may be lengthy or complicated, the presiding
officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before
beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization' s
Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed ( 3) minutes, to provide testimony during each
public hearing.
Mayor and City Council of the City of San Bernardino Page 14
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 Acting 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 threeminute 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.
Mayor and City Council of the City of San Bernardino Page 15
ALTERNATE MEETING VIEWING METHOD:
If there are any technical issues with the live stream or recording from the main agenda portal or if you
require an option with Closed Captioning, you may view the meeting from the following location (TV3).
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
Written comments can be emailed to publiccomments@sbcity.org. Written public comments
received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be
provided to the Mayor and City council and made part of the meeting record. Written public
comments will not be read aloud by city staff. Written correspondence can be accessed bythe
public online at tinyurl.com/agendabackup .
Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides
the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your
speaker slip in advance of the meeting, please submit your request to speak using the form on the
following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after
the 2:30 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the
publication of the final agenda until the deadline to submit public comments. Please contact the City
Clerk at 9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. Written
correspondence submitted after the deadline will be provided to the Mayor and City Council at the following
regular meeting.
MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21,
2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00
P.M., the Mayor and City Council shall determine which of the remaining agenda items can be
considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time
is required until a future Mayor and City Council meeting. A majority vote of the Council is required to
extend a meeting beyond 10:00 P.M. to discuss specified items.”
Mayor and City Council of the City of San Bernardino Page 16
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A) Closed Session
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i.) Janet Aguayo v. City of San Bernardino, Workers’ Compensation Case No.
ADJ179431
ii.) Michael Fowler v. City of San Bernardino, Workers’ Compensation Case Nos.
ADJ12765435; ADJ2417513; ADJ4532837; ADJ4488737; and ADJ10324224
iii.) John Phillips v. City of San Bernardino, Workers’ Compensation Case No.
ADJ4660620
iv.) Tiffany Ann Harrison v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVSB2325880
v.) Angelica Ortega v. City of San Bernardino, San Bernardino Superior Court Case No.
CIVSB2308185
vi.) Damion “David” Wood v. City of San Bernardino, et al., United States District Court
Case No. 5:23-cv-00925-JAK-AS
vii.) Mark Detinne, a minor by and through his Guardian ad Litem Todd Allen Detinne v.
City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2016739
viii.) Brian Pellis, et al. v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVSB2226731
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant
exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
One Item
C) PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION
PROCESS (Criteria, Timing, Goal Setting, and Other Preliminary Matters)
Titles: City Attorney, City Clerk, City Manager
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Department:City Manager's Office
Subject:Closed Session
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d)(1):
i.) Janet Aguayo v. City of San Bernardino, Workers’ Compensation Case No.
ADJ179431
ii.) Michael Fowler v. City of San Bernardino, Workers’ Compensation Case
Nos. ADJ12765435; ADJ2417513; ADJ4532837; ADJ4488737; and
ADJ10324224
iii.)John Phillips v. City of San Bernardino, Workers’ Compensation Case No.
ADJ4660620
iv.)Tiffany Ann Harrison v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVSB2325880
v.) Angelica Ortega v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVSB2308185
vi.)Damion “David” Wood v. City of San Bernardino, et al., United States District
Court Case No. 5:23-cv-00925-JAK-AS
vii.)Mark Detinne, a minor by and through his Guardian ad Litem Todd Allen
Detinne v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVDS2016739
viii.) Brian Pellis, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVSB2226731
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One Item
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C) PUBLIC EMPLOYEE APPOINTMENT AND PERFORMANCE EVALUATION
PROCESS (Criteria, Timing, Goal Setting, and Other Preliminary Matters)
Titles: City Attorney, City Clerk, City Manager
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Packet Page 000019
1. Proclamation Honoring Disabled American Veterans Chapter 12 for 100 Years of
Service in the City of San Bernardino – January 2025 (All Wards)
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Proclamation Honoring Disabled American Veterans
Chapter 12 for 100 Years of Service in the City of San
Bernardino – January 2025 (All Wards)
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A PROCLAMATION OF
THE MAYOR AND CITY COUNCIL
HONORING THE
DISABLED AMERICAN VETERANS CHAPTER 12
FOR 100 YEARS OF SERVICE
IN THE CITY OF SAN BERNARDINO
WHEREAS, on January 12, 1925, Disabled American Veterans (DAV) Chapter 12 was established in
the City of San Bernardino with the mission of empowering veterans to lead high-quality lives with
respect and dignity; and
WHEREAS, DAV Chapter 12 has dedicated the past 100 years to serving the veterans and families
of the City of San Bernardino through unwavering commitment, advocacy, and community support;
and
WHEREAS, DAV Chapter 12 has organized and led numerous community initiatives, including the
annual Thanksgiving Turkey Giveaway, which has helped over 350 families each year, ensuring that
those in need can celebrate the holiday with a warm meal; and
WHEREAS, the Chapter’s annual Christmas Toy Distribution has brought joy to over 250 families
during the holiday season, reinforcing the spirit of giving and unity within the San Bernardino
community; and
WHEREAS, in partnership with Home Depot, DAV Chapter 12 has distributed Christmas trees to over
200 veteran families, spreading holiday cheer and honoring the service of our local heroes; and
WHEREAS, the efforts of DAV Chapter 12 have left an indelible mark on the City of San Bernardino,
embodying the highest values of compassion, service, and dedication to both veterans and the
broader community.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Council of San Bernardino do
hereby recognizes, and honors Disabled American Veterans Chapter 12 for its 100 years of
outstanding service, leadership, and commitment to our community. We extend our deepest gratitude
for the countless lives touched and the enduring impact DAV Chapter 12 has made throughout the
past century.
Presented on the 15th Day of January 2025
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2. Resolution Approving the Issuance of Revenue Obligations by the California
Enterprise Development Authority through Benevolence Industries Inc., a
Federally qualified Health Center Agency within San Bernardino City Limits
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino (“City”)
adopt Resolution No. 2025-001 approving the issuance of revenue obligations by the
California Enterprise Development Authority (“Authority”) following a public hearing in
accordance with the requirements of the Federal Tax Equity and Fiscal Responsibility
Act (“TEFRA”) to conduct such a hearing under the authority of the local jurisdiction,
and Internal Revenue Code of 1986 as amended (“Code”).
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and Housing
Department:Community Development & Housing
Subject:Resolution Approving the Issuance of Revenue
Obligations by the California Enterprise Development
Authority through Benevolence Industries Inc., a Federally
qualified Health Center Agency within San Bernardino City
Limits
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
(“City”) adopt Resolution No. 2025-001 approving the issuance of revenue obligations
by the California Enterprise Development Authority (“Authority”) following a public
hearing in accordance with the requirements of the Federal Tax Equity and Fiscal
Responsibility Act (“TEFRA”) to conduct such a hearing under the authority of the local
jurisdiction, and Internal Revenue Code of 1986 as amended (“Code”).
Executive Summary
Benevolence Industries Incorporated (“Borrower”) has requested the Authority
facilitate the issuance of revenue obligations (“Obligations”) in an aggregate principal
amount not to exceed thirty-seven million dollars ($37,000,000), the proceeds of which
are to be loaned to the Borrower for the purpose of (a) financing and/or refinancing the
cost of acquisition, construction, renovation, equipping, and furnishing of certain
healthcare and ancillary facilities located at various locations; (b) fund a debt service
reserve fund, working capital, and capitalized interest with respect to the Obligations;
and (c) pay certain costs of issuance and other related costs in connection with the
issuance of the Obligations.
Obligations in an aggregate principal amount not to exceed nine million five hundred
thousand dollars ($9,500,000) will specifically be used to finance and/or refinance the
cost of acquisition, construction, renovation, equipping, and furnishing of certain
healthcare and ancillary facilities located at 505-515 North Arrowhead Avenue, San
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Bernardino, California 92401 (consisting of approximately 58,160 square feet) (“San
Bernardino Facility”).
Background
Federal tax law requires the proposed financing be approved by a governmental entity
having jurisdiction over the area in which the facility to be financed is located. This
requirement is satisfied if the governmental entity: (a) holds a duly noticed public
hearing; and (b) at the conclusion of the public hearing, adopts a resolution approving
the financing to be undertaken.
The “Authority” is a joint exercise of powers authority (“JPA”) established by the
California Association for Local Economic Development whose purpose is to issue tax-
exempt and taxable conduit revenue bonds to fund commercial and industrial
development projects within member jurisdictions (including to finance and refinance
facilities owned and/or leased by organizations described in Section 501(c)(3) of the
Code).
The Borrower is a Federally qualified health center offering patient clinical care, patient
safety, and education. Since 2005, the Borrower has provided health care and
educational programs to the under-served and uninsured in Southern California. The
Borrower’s goal is to be a beacon of hope for minorities and economically
disadvantaged communities providing community access to medical, dental, and
mental health clinics (including adult day health care centers, case management, youth
programs, and human immunodeficiency virus/acquired immunodeficiency syndrome
prevention and treatment). The Borrower is an organization described in
Section 501(c)(3) of the Code and operates the San Bernardino Facility in connection
with its mission of providing quality health care and excellent educational programs to
the under-served and uninsured in Southern California.
The City has jurisdiction of the Borrower’s San Bernardino Facility.
Discussion
The purpose of the TEFRA hearing is to receive public comment and request approval
of the financing as required by the Code. The City Clerk has properly noticed this
public hearing and legal counsel has assisted in the preparation of the attached
Resolution for approval.
Before the Bonds can be issued as tax-exempt obligations, the City must conduct a
public hearing and approve the issuance of the Obligations.
Approval by the Mayor and City Council is to support financing for the San Bernardino
Facility.
Financing Plan
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The Authority will act as issuer and perform all of the necessary legal and
administrative responsibilities associated with the refinancing evidenced by the
Obligations. The Obligations are special limited obligations of the Authority payable
solely through the repayment of the loans from the Authority to the Borrower, which
repayment by the Borrower is used to pay the principal of and interest on the
Obligations. The Obligations issued by the Authority are not an obligation of the City
or any member of the Authority. Neither the faith and credit nor the taxing power of
the City or State of California (or any other political corporation, subdivision, or agency
of the State) is pledged to the payment of the principal of, premium (if any), or interest
on the Obligations; nor shall the City or State (or any other political corporation,
subdivision, or agency of the State) be liable or obligated to pay the principal of,
premium (if any), or interest on the Obligations.
2021-2025 Strategic Targets and Goals
Adopting the Resolution for approval of the issuance by the Authority of tax-exempt
revenue bonds, to support the acquisition, construction, renovation, equipping and
furnishing of the San Bernardino Facility to be used as a health clinic aligns with Mayor
and City Council, Key Target No.: 4 Improved Quality of Life by providing quality
healthcare to the community.
Fiscal Impact
There is no fiscal impact to the City for conducting the TEFRA public hearing and
adopting a Resolution for the issuance of the tax-exempt Bonds by the authority.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt
a Resolution approving the issuance of revenue obligations by the Authority following
a public hearing in accordance with the requirements of TEFRA and the Code.
Attachments
Attachment 1 - Authorizing Resolution No. 2025-001 - Benevolence
Health Centers BHC 2024 TEFRA Resolution (San Bernardino)
Attachment 2 – Proof of Public Notice
Ward:
Ward 1
Synopsis of Previous Council Actions:
There are no previous City Council TEFRA actions pertaining to this property.
Packet Page 000026
Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025
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RESOLUTION NO. 2025-001
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ISSUANCE OF REVENUE
OBLIGATIONS BY THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY FOR THE PURPOSE OF
FINANCING AND REFINANCING THE COST OF THE
ACQUISITION, CONSTRUCTION, RENOVATION,
EQUIPPING, AND FURNISHING OF CERTAIN
HEALTHCARE FACILITIES FOR THE BENEFIT OF
BENEVOLENCE INDUSTRIES INCORPORATED
WHEREAS, Benevolence Industries Incorporated (“Borrower”) has requested the
California Enterprise Development Authority (“Authority”) facilitate the issuance of revenue
obligations (“Obligations”) in an aggregate principal amount not to exceed thirty-seven million
dollars ($37,000,000), the proceeds of which are to be loaned to the Borrower for the purpose of
(a) financing and/or refinancing the cost of acquisition, construction, renovation, equipping, and
furnishing of certain healthcare and ancillary facilities at various locations; (b) fund a debt service
reserve fund, working capital, and capitalized interest with respect to the Obligations; and (c) pay
certain costs of issuance and other related costs in connection with the issuance of the Obligations;
and
WHEREAS, Obligations in an aggregate principal amount not to exceed nine million five
hundred thousand dollars ($9,500,000) will specifically be used to finance and/or refinance the
cost of acquisition, construction, renovation, equipping, and furnishing of certain healthcare and
ancillary facilities located at 505-515 North Arrowhead Avenue, San Bernardino, California 92401
(consisting of approximately 58,160 square feet) (“San Bernardino Facility”); and
WHEREAS, the Borrower (a California non-profit public benefit corporation and an
organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 as amended
(“Code”)) owns and operates the San Bernardino Facility in connection with its mission of
providing quality health care and excellent educational programs to the under-served and
uninsured in Southern California; and
WHEREAS, the issuance of the Obligations by the Authority must be approved by a
governmental unit having jurisdiction over the territorial limits in which the San Bernardino Facility
is located pursuant to the public approval requirement of Section 147(f) of the Code; and
WHEREAS, the City of San Bernardino (“City”) has jurisdiction of the Borrower’s San
Bernardino Facility; and
WHEREAS, the San Bernardino Facility is located within the territorial limits of the City,
and the City Council is an elected legislative body of the City; and
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Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025
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WHEREAS, the Authority and the Borrower have requested the City Council approve the
issuance of the Obligations and the financing of the San Bernardino Facility with the proceeds of the
Obligations for purposes of complying with Section 147(f) of the Code and the Joint Exercise of
Powers Act (comprising Articles 1, 2, 3, and 4 of Chapter 5 of Division 7 of Title 1 commencing
with Section 6500 of the Government Code of the State of California (“JPA”)); and
WHEREAS, a public hearing was held by the City Council on January 15, 2025, at the
Feldheym Central Library following a duly published notice thereof in a newspaper of general
circulation in San Bernardino County, and all persons desiring to be heard have been heard; and
WHEREAS, it is intended this Resolution shall comply with the public approval
requirements of Section 147(f) of the Code; provided, however, this Resolution is neither intended
to nor shall it constitute an approval by the City Council of the San Bernardino Facility for any other
purpose (including but not limited to compliance with the California Environmental Quality Act
codified within the California Public Resources Code, Section 21100, et seq.).
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are
incorporated herein by this reference.
SECTION 2. Approval. The City Council hereby approves the issuance of the Obligations
by the Authority (from time to time pursuant to a plan of finance), which Obligations may be tax-
exempt and/or taxable as approved by the Authority, of which an amount not to exceed nine million
five hundred thousand dollars ($9,500,000) shall be applicable to the San Bernardino Facility. This
Resolution shall constitute approval of the issuance of the Obligations pertaining solely to the San
Bernardino Facility and the financing only of the San Bernardino Facility within the meaning of
Section 147(f) of the Code and for purposes of the JPA.
SECTION 3. Authority Responsibility. The issuance of the Obligations shall be subject to
the approval by the Authority of all documents relating thereto to which the Authority is a party.
The City shall have no responsibility or liability whatsoever with respect to the Obligations.
SECTION 4. City Officer Responsibility. The City’s officers are hereby authorized and
directed (jointly and severally) to do any and all things; and to execute and deliver any and all
documents which they deem necessary or advisable in order to carry out, give effect to, and comply
with the terms and intent of this Resolution and the transaction approved.
SECTION 5. Adoption. The adoption of this Resolution shall not obligate the City or any
department thereof to (a) provide any financing with respect to the San Bernardino Facility; (b)
approve any application or request for or take any other action in connection with any planning
approval, permit, or other action necessary with respect to the San Bernardino Facility; (c) make any
contribution or advance any funds whatsoever to the Authority or the Borrower; or (d) take any
further action with respect to the Authority or its membership therein.
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Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025
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SECTION 6. City Clerk Responsibility. The City Clerk is hereby directed to forward a
certified copy of this Resolution to Bond Counsel for the Obligations, addressed as follows:
Jessica I. Shaham, Esq.
Kutak Rock LLP
777 South Figueroa Street, Suite 4550
Los Angeles, California 90017
SECTION 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications; and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council of the City of San Bernardino and
signed by the Mayor and attested by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
_________________________
Sonia Carvalho, City Attorney
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Resolution No. 2025-001
Resolution No. 2025-001
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-001, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of January 2025.
______________________________
Genoveva Rocha, CMC, City Clerk
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3. Resolution Approving Street Vacation (15.30-442) of a Portion of Iola Place East of
North “D” Street and North of West Baseline Street, and the Reservation of
Utilities Therein (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-002 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion of Iola Place east of
North “D” Street, and north of West Baseline Street, and the reservation of utilities
therein.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department:Economic Development
Subject:Resolution Approving Street Vacation (15.30-442) of a
Portion of Iola Place East of North “D” Street and North of
West Baseline Street, and the Reservation of Utilities
Therein (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-002 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion of Iola Place east of
North “D” Street, and north of West Baseline Street, and the reservation of utilities
therein.
Executive Summary
The recommended action is the final step required to complete the street vacation
process for a portion of Iola Place. The proposed street vacation (15.30-442) will
terminate this portion of public right of way and transfer ownership to the underlying
property owner. The applicant intends to maintain this former right-of-way area as a
part of the overall site plan.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of an alley and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under
the General Vacation Procedures outlined in SHC sections 8320 through 8325. First,
a legislative body may initiate proceedings either on its own initiative or upon a petition
or request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour, and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
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public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of Iola Place was received on March 22, 2024, from GGF
III, LLC, owner of a property located on the eastern side of the intersection of North “D”
Street (APNs: 0145-244-22, 0145-244-21). The stated reason for the petition to vacate
this portion of the street is to allow for future commercial development, enabling the
applicant to enhance property management and security measures to deter the
expansion of homeless encampments, thereby creating a safer and more welcoming
environment for the surrounding community, including patrons, residents, and nearby
schools.
On September 18, 2024, the Mayor and City Council authorized staff to proceed with
an investigation and analysis, as required by SHC, to vacate the street. On September
25, 2024, notices were sent out to City Departments, San Bernardino County Fire,
utility providers, including the City of San Bernardino Municipal Water Department,
informing them of the proposed street vacation. Staff has not received requests to
reserve the existing utility easements.
On November 12, 2024, the Planning Commission adopted Resolution No. 2024-040-
PC, finding the proposed street vacation of a portion of Iola Place east of North ”D”
Street, and north of West Baseline Street, consistent with the City‘s General Plan.
On November 20, 2024, the Mayor and City Council authorized staff to proceed with
the public hearing and set the date and time for January 15, 2025, at 5:00PM and it
will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library
located at 555 West 6th Street, San Bernardino, California.
On December 2, 2024, notices were sent out to area stakeholders and residents within
1,000 feet of the property informing them of the proposed street vacation.
Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s
Consideration, a Resolution Ordering the Real Property Street Vacation 15.30-442,
with reservation of utility easements therein, adopting a Categorical Exemption for
Street Vacation No. 15.30-442 and make a final order of vacation for the street as
described in Real Property Street Vacation No. 15.30-442 (Exhibit A&B).
The property vacation proceedings are not completed until the Resolution making the
final order for Real Property Street Vacation No. 15.30-442 has been recorded with the
San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to
SHC section 8324, the resolution of vacation may provide that the vacation occurs only
after conditions required by the legislative body have been satisfied and may instruct
the clerk that the resolution of vacation is not recorded until the conditions have been
satisfied.
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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in
fees to cover the costs associated with the vacation proceedings.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-002 of the Mayor and City Council of the City of
San Bernardino, California, approving the vacation of a portion of Iola Place east of
North “D” Street, and north of West Baseline Street, and the reservation of utilities
therein.
Attachments
Attachment 1 - Resolution No. 2025-002
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 - PowerPoint Presentation
Ward:
Second Ward
Synopsis of Previous Council Actions:
September 18, 2024 The Mayor and City Council authorized staff to proceed
with an investigation and analysis to vacate a portion of Iola Place east of North “D”
Street, and north of West Baseline Street, and the reservation of utilities therein.
November 20, 2024 The Mayor and City Council adopted Resolution No.
2024-222 declaring its intent to conduct a public hearing to order the vacation of a
portion of Iola Place east of N “D” Street, and north of West Baseline Street, and the
reservation of utilities therein, and set the date and time of the public hearing for
January 15, 2025 at 5:00PM.
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RESOLUTION NO. 2025-002
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE VACATION OF A PORTION OF IOLA
PLACE EAST OF NORTH “D” STREET, AND NORTH OF
WEST BASELINE STREET AND THE RESERVATION OF
UTILITIES THEREIN.
WHEREAS, the Economic Development Department previously received a petition to
vacate a portion of portion of Iola Place east of North “D” Street, and north of West Baseline
Street; and
WHEREAS, on September 18, 2024, the Mayor and City Council authorized staff to
proceed with an investigation and analysis to vacate the street; and
WHEREAS, on September 25, 2024, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, informing them of the
proposed street vacation and
WHEREAS, on November 12, 2024, the Planning Commission adopted Resolution No.
2024-040-PC finding the proposed street vacation of a portion of Iola Place east of North “D”
Street, and north of West Baseline Street consistent with the City’s General Plan and finding that
the project is Categorically Exempt under California Environmental Act; and
WHEREAS, on November 20, 2024, the Mayor and City Council adopted Resolution No.
2024-222 declaring its intention to conduct a public hearing on January 15, 2025, to order the street
vacation; and
WHEREAS, on December 2, 2024, notices were sent out to residents within 1000 feet
informing them of the proposed street vacation; and
WHEREAS, on January 15, 2025, 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 Iola Place
east of North “D” Street, and north of West Baseline Street and the reservation of utilities therein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating a
portion of Iola Place east of North “D” Street, and north of West Baseline Street elects to proceed
in accordance with the provisions of the “Public Streets, Highways and Service Easements
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Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of
California.
SECTION 3. The Mayor and City Council of said City do hereby vacate that of a portion
of Iola Place east of North “D” Street and north of West Baseline Street as described on each of
the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.
SECTION 4. Approval of this Resolution shall not 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, with reservations of the easement as requested from
Public Utility Company or other public entity.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-002, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of January 2025.
Genoveva Rocha, CMC, City Clerk
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Project Area
Street Vacation 15.30-442
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4. Public Hearing on Annexation No. 47 (Drive-through Restaurant located south of
Hospitality Ln and west of Tippecanoe Ave) to Community Facilities District 2019-
1 (Maintenance Services) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2025-003 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the question
of levying a special tax within the area proposed to be annexed to Community Facilities
District No. 2019-1 (Maintenance Services) (Annexation No. 47); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025-004 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 47); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646 of
the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2024-2025 to pay annual costs of the maintenance and servicing of landscaping,
lighting, and streets, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1646 for February 5, 2025.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department:Economic Development
Subject:Public Hearing on Annexation No. 47 (Drive-through
Restaurant located south of Hospitality Ln and west of
Tippecanoe Ave) to Community Facilities District 2019-1
(Maintenance Services) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2025-003 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025-004 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 47); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2024-2025 to pay annual costs of the maintenance and servicing of landscaping,
lighting, and streets, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District No.
2019-1 (Maintenance Services); and
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6. Schedule the adoption of Ordinance No. MC-1646 for February 5, 2025.
Executive Summary
The recommended actions are the second step of the annexation process for the
proposed development into Community Facilities District (CFD) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
November 6, 2024, setting today the time and place of the public hearing. The special
taxes will be levied annually to offset general fund expenditures related to maintenance
of public improvements within and for the benefit of the development.
Background
On November 6, 2024, the Mayor and City Council adopted Resolution No. 2024-216,
a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A
public hearing was set for December 18, 2024, and was continued by the Mayor and
City Council until January 15, 2025, at the request of staff, on the proposed annexation
of the said territory into the community facilities district. As required by the Resolution
of Intention, a boundary map was recorded on November 19, 2024, at 2:09 p.m. in
Book 92 Page 15, Document No. 2024-0277417 of Maps of Assessment and
Community Facilities Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 2.71 gross acres of zoned
commercial property within the City, requesting that the City assist them in annexing
their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project
will consist of a drive-thru restaurant. The State legislature enacted the Mello-Roos Act
in 1982 to assist public agencies in financing certain public improvements by either
issuing tax exempt securities that are repaid by annual levy of special taxes, or to
provide for the financing of on-going public services. The landowner requested the City
annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the
maintenance of public improvements. The public facilities and services proposed to be
financed within the territory to be annexed to the District are the following:
1. Maintenance of landscaping and other public improvements installed within the
public rights-of-way; and
2. Public lighting and appurtenant facilities, including streetlights within public rights-
of-way and traffic signals; and
3. Maintenance of streets, including street sweeping, pavement management and
sidewalks; and
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4. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 47 and is
located southeast of E Hospitality Ln, north of Harriman Pl., and west of S Tippecanoe
Ave, as shown in Attachment #13.
The maximum annual special tax for this development has been calculated to be
$5,635 per acre for FY 2024/25. Special Tax rate is proposed to escalate each year at
the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed
to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos
Act of 1982. The property owners have submitted a “Consent and Waiver” form on file
in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice
requirements, and waiving word limit requirements for the ballot relating to the conduct
of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted November 6,
2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the second reading of the amended Ordinance would be scheduled for February 5,
2025.
Discussion
The Resolution of Intention called for a public hearing to be held on December 18,
2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-
Roos Act, the Mayor and City Council must hold the public hearing and consider any
protests against the formation of the CFD. The Mayor and City Council continued the
public hearing until January 15, 2025, at the request of staff. If the owners of one half
or more of the land within the proposed boundaries of the CFD file written protests
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against the establishment of the CFD, the Council may not create the CFD. If a majority
protest is not filed, the Mayor and City Council may adopt the resolution establishing
the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2025-____ it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2025-____ declaring
the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. 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 individual property owners in the CFD will be responsible for annual payments of
special taxes. It is estimated, upon full completion of the development, there will be an
annual collection of special tax revenues of approximately $15,310 from Special Tax A
to be used to pay for maintenance costs within the development. All costs associated
with annexation into the CFD have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2025-003 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025-004 of the Mayor and City Council of the City of San
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Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 47); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2024-2025 to pay annual costs of the maintenance and servicing of landscaping,
lighting, streets, street sweeping, a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1646 for January 15, 2025.
Attachments
Attachment 1 - Resolution No. 2025-003 - Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2025-004 - Resolution Declaring Election
Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1646
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 – Exhibit E – Signed Petition and Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 – Proof of Publication Notice of Public Hearing – CFD
2019-1 Annex 47
Ward:
Third Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election
results for Community Facilities District No. 2019-1; and first reading of Ordinance No.
MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services and expenses with respect to Community Facilities District
No. 2019-1.
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August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to
be collected during FY 2019-20 to pay annual costs of maintenance, services and
expenses with respect to Community Facilities District No. 2019-1.
November 6, 2024 Mayor and City Council adopted Resolution No. 2024-216, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
December 18, 2024 Mayor and City Council continued the Public Hearing regarding
CFD 2019-1 Annexation No. 47 to January 15, 2025.
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RESOLUTION NO. 2025-003
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
47)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on November 6, 2024 duly adopted Resolution No. 2024-
216 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No.
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for
December 18, 2024; and
WHEREAS, on December 18, 2024, the Mayor and City Council continued the public
hearing until January 15, 2025; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 47 Community Facilities District No. 2019-1 (Maintenance Services)" a
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copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and
Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder;
and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on January 15, 2025, not earlier than the hour of 5:00 p.m. at
the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the
territory or the levying of the special taxes will be heard. If and to the extent participation in the
January 15, 2025 meeting must occur by teleconference, videoconference, or other electronic
means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California,
the means and methods for participating the meeting shall be posted on the Agenda for said
meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino
(www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be
made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
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.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
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SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on December
18, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on October 30, 2024 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
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Resolution No. 2025-003
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January 15, 2025
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one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 5:00 p.m. on January 15, 2025. The City Clerk shall have available ballots that may be marked
at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on January 15, 2025, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. 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 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2025-003
Resolution No. 2025-003
January 15, 2025
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-003
Resolution No. 2025-003
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-003, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of January 2025.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 47 is currently comprised two (2) parcels, located within the City boundaries. The
properties are identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0281-361-22 CVP Hospitality CA, LLC
0281-361-23 CVP Hospitality CA, LLC
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EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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Community Facilities District No. 2019-1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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Community Facilities District No. 2019-1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
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The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
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Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
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City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2024-25. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 47
PM 17772
Item Description Estimated Cost
1 Landscaping $2,078
2 Lighting $7,877
3 Streets $2,093
4 Reserves $1,807
5 Admin $1,455
Total $15,310
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 47
FY 2024-25 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $5,635 $0
TAX ZONE 47
FY 2024-25 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $5,635 $0
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City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP
17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC
22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC
24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC
25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al.
26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC
28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC
29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC
30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC
31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co.
32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC
34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC &
Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC
36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC
37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC
38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California
Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP
40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC
41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC
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City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC
44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC
45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC
46 46 To be determined
47 47 PM 17772 2024-25 $5,635 / Acre $0/Acre CVP Hospitality CA LLC
48 48 1199-671-13 2024-25 $247/RU $0/RU Piedmont Venture I, LLC
49 49 0141-252-08 2024-25 $2,185 / Acre $0/Acre City of Riverside
50 50 CUP 23-06 2024-25 $25,481/Acre $0/Acre Gateway SB, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
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EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 47
(December 18, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
CVP Hospitality CA, LLC 2.71 3
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
December 4, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on December 18,
2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on December 18, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page 000079
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
CVP Hospitality CA, LLC
Attn: John Bonsall
2188 SW Park Place, Suite 100
Portland, OR 97205
0281-361-23, 0281-361-22
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an
annual basis at the rate set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $5,635
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special
Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain
services within the territory identified on the map entitled “Annexation Map No. 47 of
Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino”
including landscaping, lighting, and streets, as provided in the Rate and Method of
Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution
No. 2024-216 adopted by the City Council of the City of San Bernardino on November 6, 2024,
and shall an appropriation limit be established for the Community Facilities District No. 2019-
1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
John Bonsall
Manager
Signature
Print Name
Title
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EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 47)
December 18, 2024
SPECIAL TAX BALLOT MEASURE:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual
basis at the rates set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $5,635
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San
Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the
map entitled “Annexation Map No. 47 of Community Facilities District No. 2019-1 (Maintenance Services)
City of San Bernardino” including landscaping, lighting, and streets as provided in the Rate and Method of
Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-216
adopted by the City Council of the City of San Bernardino on November 6, 2024, and shall an
appropriation limit be established for the Community Facilities No. 2019-1 (Maintenance Services) in the
amount of special taxes collected?
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Resolution No. 2025-004
Resolution No. 2025-004
January 15, 2025
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RESOLUTION NO. 2025-004
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 47)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2025-003 calling a special election for January 15, 2025 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January
15, 2025, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
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.Ballot Measure. This Council hereby finds, determines and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
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Resolution No. 2025-004
Resolution No. 2025-004
January 15, 2025
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Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-216
adopted by the Mayor and City Council on November 6, 2024. The boundaries of the territory
annexed are shown on the map entitled, "Annexation Map No. 47 Community Facilities District
No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in
Book 92 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of
the San Bernardino County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-004
Resolution No. 2025-004
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-004, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 47
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated October 30, 2024, and on file in
the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
CVP Hospitality CA, LLC 3 3
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____________, 2025.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
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Ordinance No. MC-1646
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ORDINANCE NO. MC-1646
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2024-2025 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, STREETS, A RESERVE FUND FOR CAPITAL
REPLACEMENT, AND ADMINISTRATIVE EXPENSES
WITH RESPECT TO CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on December 18, 2024, at the time and place specified in said published and
mailed notice, the City Council opened a public hearing as required by law relative to the formation
of the Community Facilities District, the levy of the special taxes therein and the provision of
services by the Community Facilities District. The Mayor and City Council continued the public
hearing until January 15, 2025, at the request of staff; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
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Ordinance No. MC-1646
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the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2024-2025, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. 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 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2025.
Helen Tran, Mayor
City of San Bernardino
Packet Page 000087
Ordinance No. MC-1646
3
6
1
1
4
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1646
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6
1
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1646, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 15th day of January, 2025. Ordinance No. MC-1646 was approved,
passed and adopted at a regular meeting held the ____ day of ______, 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2025.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of December 18, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page 000091
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39
43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
44 Paladin Equity SB LLC 0281-361-28
45 GWS #8 Development LLC
0280-171-01 thru -11, 0280-161-
03, 0280-161-05 thru -18, 0280-
161-30, 0280-151-27, -28
46 To Be Determined
47 CVP Hospitality CA, LLC 0281-361-23, 0281-361-22
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EXHIBIT E
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Public Hearing
CFD No. 2019-1 Annexation No. 47:
PM 17772 (CVP Hospitality CA, LLC)
Presented by: Spicer Consulting Group Packet Page 000102
Public Hearing on CFD 2019-1 Annexation No. 47
Recommended Action:
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for January 15, 2025.
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Public Hearing on CFD 2019-1 Annexation No. 47
Discussion:
•The Property Owner, CVP Hospitality CA LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The proposed project will include a drive-thru restaurant. The development was fully approved on August 9, 2022.
•The area proposed within Annexation No. 47 includes two (2) parcels, APNs 0281-361-23 and 0281-361-22.
•On November 6, 2024, the City Council adopted Resolution No. 2024-216, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on December 18, 2024. The Mayor and City Council continued the Public Hearing to January 15, 2025. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $5,635 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 47.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
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Public Hearing on CFD 2019-1 Annexation No. 47
Discussion (Cont.)
•The services, which may be funded with proceeds of the special tax
include but are not limited to:
•All costs attributable to Maintenance of median landscaping and other public
improvements installed within the public rights-of-way
•Public lighting including street lights and traffic signals,
•Maintenance of streets, including pavement management, and street
sweeping,
•In addition to the costs of the forgoing services, proceeds of the special tax
may be expended to pay administrative expenses and for the collection of
reserve funds.
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Project Location
•The property is located southeast of E Hospitality Ln, north of Harriman Pl., and west of S
Tippecanoe Ave
•Ward: Third Ward
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Public Hearing on CFD 2019-1 Annexation No. 47
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $15,310. All costs associated with the annexation are borne by the Developer. There is no fiscal impact to the City’s General Fund.
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Questions?
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GOULD ST
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CFD NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 47
PROJECT MAP
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OR #:
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~ SINCE 1921 ~
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Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of Calif ornia )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004 At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and
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Signature
SAN BERNARDINO COUNTY SUN
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SB 3875519
Perla Lopez
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
HRG - NOTICE OF HEARING
Notice of PH Annex 47
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the SAN
BERNARDINO COUNTY SUN, a newspaper published in the English language
in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged
a newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of SAN BERNARDINO, State of
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the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates, to-wit:
12/02/2024
12/02/2024
SAN BERNARDINO
!A000006974651!
Email
NOTICE OF PUBLIC HEARING
ON INTENTION TO ANNEX
TERRITORY TO AN EXISTING
COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 47)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on November 6, 2024
adopted its Resolution No. 2024-216,
in which it declared its intention to
annex territory to existing
Community Facilities District No.
2019-1 (Maintenance Services) (the
"CFD No. 2019-1"), and to levy a
special tax to pay for certain
maintenance services, all pursuant
to the provisions of the Mello-Roos
Community Facilities Act of 1982,
Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the
territory to be annexed and
describes the rate and method of
apportionment of the proposed
special tax. No change in the tax
levied in the existing CFD No. 2019-1
is proposed.
NOTICE IS HEREBY FURTHER
GIVEN that the City Council has
fixed 5:00 p.m., or as soon thereafter
as practicable, Wednesday,
December 18, 2024 at the Bing Wong
Auditorium of the Norman F.
Feldheym Public Library at 555 W.
6th Street, San Bernardino,
California, as the time and place
when and where the City Council will
conduct a public hearing on the
annexation of territory to CFD No.
2019-1. At the hearing, the testimony
of all interest persons for or against
the annexation of the territory or the
levying of the special taxes will be
heard. If and to the extent
participation in the December 18,
2024 meeting must occur by
teleconference, videoconference, or
other electronic means authorized
by the Ralph M. Brown Act or an
Executive Order of the Governor of
California, the means and methods
for participating the meeting shall
be posted on the Agenda for said
meeting, which shall be posted at
least 72 hours prior to the meeting on
the City of San Bernardino
(www.sbcity.org), and outside of the
Bing Wong Auditorium of the
Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, 92410. A
copy of the Agenda will be made
available upon request to the San
Bernardino City Clerk's office at 909-
384-5002.
DATED: November 27, 2024
Genoveva Rocha
City Clerk of the City of San
Bernardino
12/2/24
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SBS-3875519#
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5. Public Hearing on Annexation No. 48 (Piedmont Mobile Home Estates located
north of Highland Ave and east of N. Piedmont Ave) to Community Facilities
District 2019-1 (Maintenance Services) (Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2025-005 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the question
of levying a special tax within the area proposed to be annexed to Community Facilities
District No. 2019-1 (Maintenance Services) (Annexation No. 48); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025-006 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 48); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1647 of
the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2024-2025 to pay annual costs of the maintenance and servicing of lighting, street
maintenance, park maintenance, graffiti abatement, and a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1647 for February 5, 2025.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department:Economic Development
Subject:Public Hearing on Annexation No. 48 (Piedmont Mobile
Home Estates located north of Highland Ave and east of
N. Piedmont Ave) to Community Facilities District 2019-1
(Maintenance Services) (Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2025-005 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 48); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025-006 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 48); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1647
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2024-2025 to pay annual costs of the maintenance and servicing of lighting, street
maintenance, park maintenance, graffiti abatement, and a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services); and
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6. Schedule the adoption of Ordinance No. MC-1647 for February 5, 2025.
Executive Summary
The recommended actions are the second step of the annexation process for the
proposed development into Community Facilities District (CFD) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
November 6, 2024, setting the original time and place of the Public Hearing to
December 18, 2024. On December 18, 2024, the Public Hearing was continued until
January 15, 2025. Once approved, the special taxes will be levied annually to offset
general fund expenditures related to the maintenance of public improvements within
and for the benefit of the development.
Background
On November 6, 2024, the Mayor and City Council adopted Resolution No. 2024-215,
a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A
public hearing was set for December 18, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on November 19, 2024, at 2:10 p.m. in Book 92 Page
16, Document No. 2024-0277418 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 6.79 gross acres of zoned
residential property within the City, requesting that the City assist them in annexing
their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project
will consist of a forty-nine (49) unit senior citizen mobile home park. The State
legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing
certain public improvements by either issuing tax exempt securities that are repaid by
annual levy of special taxes, or to provide for the financing of on-going public services.
The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to
cover the costs associated with the maintenance of public improvements. The public
facilities and services proposed to be financed within the territory to be annexed to the
District are the following:
1. Public lighting and appurtenant facilities, including streetlights within public rights-
of-way and traffic signals; and
2. Maintenance of streets, including street sweeping, pavement management and
sidewalks; and
3. Maintenance of Parks; and
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4
8
1
4. Graffiti abatement; and
5. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 48 and is
located at the east side of N. Piedmont Avenue, as shows in Attachment #13.
The maximum annual special tax for this development has been calculated to be $247
for FY 2024/25. Special Tax rate is proposed to escalate each year at the greater of
Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and
conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The
property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s
Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for
the annexation into the CFD and consenting to the shortening of election time
requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted November 6,
2024.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the second reading of the amended Ordinance would be scheduled for February 5,
2025.
Discussion
The Resolution of Intention called for a public hearing to be held on December 18,
2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-
Roos Act, the Mayor and City Council must hold the public hearing and consider any
protests against the formation of the CFD. The Mayor and City Council continued the
public hearing until January 15, 2025. If the owners of one half or more of the land
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within the proposed boundaries of the CFD file written protests against the
establishment of the CFD, the Council may not create the CFD. If a majority protest is
not filed, the Mayor and City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2025-____ it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2025-____ declaring
the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. 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 individual property owners in the CFD will be responsible for the annual payments
of the special taxes. All costs associated with the annexation into CFD 2019-1 have
been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2025-005 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 48); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2025-006 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 48); and
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5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1647
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2024-2025 to pay annual costs of the maintenance and servicing of lighting, streets,
parks, graffiti abatement, and a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1647 for February 5, 2025.
Attachments
Attachment 1 - Resolution No. 2025-005- Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2025-006- Declaring Election Results
Attachment 7 - Exhibit A Certificate of Election Results
Attachment 8 - Ordinance No. MC-1647
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 – Exhibit E – Signed Petition and Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 – Proof of Publication Notice of Public Hearing – CFD 2019-1 Annex
48
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election
results for Community Facilities District No. 2019-1; and first reading of Ordinance No.
MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services and expenses with respect to Community Facilities District
No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to
be collected during FY 2019-20 to pay annual costs of maintenance, services and
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expenses with respect to Community Facilities District No. 2019-1.
November 6, 2024 Mayor and City Council adopted Resolution No. 2024-215, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
December 18, 2024 Mayor and City Council continued the Public Hearing regarding
CFD 2019-1 Annexation No. 48 to January 15, 2025.
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Resolution No. 2025-005
Resolution No. 2025-005
January 15, 2025
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RESOLUTION NO. 2025-005
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
48)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on November 6, 2024 duly adopted Resolution No. 2024-
215 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No.
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for
December 18, 2024; and
WHEREAS, on December 18, 2024, the Mayor and City Council continued the public
hearing until January 15, 2025; and
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Resolution No. 2025-005
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January 15, 2025
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WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 48 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and
Community Facilities Districts at Page 16, in the office of the San Bernardino County Recorder;
and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on January 15, 2025, not earlier than the hour of 5:00 p.m. at
the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the
territory or the levying of the special taxes will be heard. If and to the extent participation in the
January 15, 2025 meeting must occur by teleconference, videoconference, or other electronic
means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California,
the means and methods for participating the meeting shall be posted on the Agenda for said
meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino
(www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be
made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, waiving all notice requirements, and
waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
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SECTION 2.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on December
18, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on October 30, 2024 (a date within
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the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election
on the question of levying the special tax and establishing an appropriations limit for CFD No.
2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be
included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 5:00 p.m. on January 15, 2025. The City Clerk shall have available ballots that may be marked
at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on January 15, 2025 or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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SECTION 13. 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 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-005
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-005, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 48 is currently comprised one (1) parcel, located within the City boundaries. The
properties are identified by the following San Bernardino County Assessor's Parcel Number (APN).
APN Owner Name
1199-671-13 Piedmont Venture I, LLC
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EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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Community Facilities District No. 2019-1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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Community Facilities District No. 2019-1 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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Community Facilities District No. 2019-1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
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Community Facilities District No. 2019-1 (Maintenance Services)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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Community Facilities District No. 2019-1 (Maintenance Services)
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
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Community Facilities District No. 2019-1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
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Community Facilities District No. 2019-1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2024-25. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 48
1199-671-13
Item Description Estimated Cost
1 Lighting $144
2 Streets $2,558
3 Parks $6,397
4 Graffiti $323
5 Reserves $1,413
6 Admin $1,250
Total $12,086
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 48
FY 2024-25 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single Family Residential RU $247 $0
Multi-Family Residential RU $247 $0
Non-Residential Property Acre $1,777 $0
TAX ZONE 48
FY 2024-25 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $1,777 $0
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Community Facilities District No. 2019-1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP
17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC
22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC
24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC
25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al.
26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC
28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC
29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC
30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC
31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co.
32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC
34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC &
Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC
36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC
37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC
38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California
Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP
40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC
41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC
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Community Facilities District No. 2019-1 (Maintenance Services)
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC
44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC
45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC
46 46 To be determined
47 47 PM 17772 2024-25 $5,635 / Acre $0/Acre CVP Hospitality CA LLC
48 48 1199-671-13 2024-25 $247/RU $0/RU Piedmont Venture I, LLC
49 49 0141-252-08 2024-25 $2,185 / Acre $0/Acre City of Riverside
50 50 CUP 23-06 2024-25 $25,481/Acre $0/Acre Gateway SB, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
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Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
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EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 48
(December 18, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Piedmont Venture I, LLC 6.79 7
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
December 4, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on December 18,
2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on December 18, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page 000144
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Piedmont Venture I, LLC
Attn: Ali Sahabi
2014 Ashington Dr.,
Glendale, CA 91206
1199-671-13
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an
annual basis at the rate set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Single Family Residential RU $247
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special
Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain
services within the territory identified on the map entitled “Annexation Map No. 48 of
Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino”
including lighting, streets, parks, and graffiti abatement as provided in the Rate and Method of
Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution
No. 2024-215 adopted by the City Council of the City of San Bernardino on November 6, 2024,
and shall an appropriation limit be established for the Community Facilities District No. 2019-
1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Ali Sahabi
Manager
Signature
Print Name
Title
Packet Page 000145
EXHIBIT D
FULL TEXT OF PROPOSITION
SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 48)
December 18, 2024
SPECIAL TAX BALLOT MEASURE:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual
basis at the rates set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Single Family Residential RU $247
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San
Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the
map entitled “Annexation Map No. 48 of Community Facilities District No. 2019-1 (Maintenance Services)
City of San Bernardino” including lighting, streets, parks, and graffiti abatement as provided in the Rate
and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to
Resolution No. 2024-216 adopted by the City Council of the City of San Bernardino on November 6,
2024, and shall an appropriation limit be established for the Community Facilities No. 2019-1
(Maintenance Services) in the amount of special taxes collected?
Packet Page 000146
Resolution No. 2025-006
Resolution No. 2025-006
January15, 2025
Page 1 of 3
6
1
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RESOLUTION NO. 2025-006
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 48)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2025-005 calling a special election for January 15, 2025, and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January
15, 2025, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
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.Ballot Measure. This Council hereby finds, determines and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page 000147
Resolution No. 2025-006
Resolution No. 2025-006
January15, 2025
Page 2 of 3
6
1
5
9
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-215
adopted by the Mayor and City Council on November 6, 2024. The boundaries of the territory
annexed are shown on the map entitled, "Annexation Map No. 48 Community Facilities District
No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in
Book 92 of Maps of Assessment and Community Facilities Districts at Page 16, in the office of
the San Bernardino County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page 000148
Resolution No. 2025-006
Resolution No. 2025-006
January15, 2025
Page 3 of 3
6
1
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9
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-006, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
Packet Page 000149
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 48
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated October 30, 2024, and on file in
the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
Piedmont Venture I, LLC 7 7
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____________, 2025.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page 000150
Ordinance No. MC-1647
1
6
1
6
0
ORDINANCE NO. MC-1647
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2024-2025 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LIGHTING,
STREETS, PARKS, GRAFFITI ABATEMENT, A RESERVE
FUND FOR CAPITAL REPLACEMENT, AND
ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY
OF SAN BERNARDINO COMMUNITY FACILITIES
DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on December 18, 2024, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District. The Mayor and City Council continued
the public hearing until January 15, 2025, at the request of staff; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page 000151
Ordinance No. MC-1647
2
6
1
6
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the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2024-2025, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. 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 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2025.
Helen Tran, Mayor
City of San Bernardino
Packet Page 000152
Ordinance No. MC-1647
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6
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page 000153
Ordinance No. MC-1647
4
6
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6
0
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1647, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 15th day of January 2025. Ordinance No. MC-1647 was approved,
passed and adopted at a regular meeting held the ____ day of ______, 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2025.
Genoveva Rocha, CMC, City Clerk
Packet Page 000154
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page 000155
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of December 18, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page 000156
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28
40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39
43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
44 Paladin Equity SB LLC 0281-361-28
45 GWS #8 Development LLC
0280-171-01 thru -11, 0280-161-
03, 0280-161-05 thru -18, 0280-
161-30, 0280-151-27, -28
46 To Be Determined
47 CVP Hospitality CA, LLC 0281-361-22, 0281-361-23
48 Piedmont Venture I, LLC 1199-671-13
Packet Page 000157
EXHIBIT E
Packet Page 000158
Packet Page 000159
Public Hearing
CFD No. 2019-1 Annexation No. 48:
Piedmont Park Estates (Piedmont Venture I, LLC)
Presented by: Spicer Consulting Group Packet Page 000160
Public Hearing on CFD 2019-1 Annexation No. 48
Recommended Action
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for January 15, 2025.
Packet Page 000161
Public Hearing on CFD 2019-1 Annexation No. 48
Discussion
•The Property Owner, Piedmont Venture I, LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The proposed project will include forty-nine (49) mobile home units for senior citizens (55+). The development was fully approved on November 12, 2019.
•The area proposed within Annexation No. 48 includes one (1) parcel, APNs 1199-671-13.
•On November 6, 2024, the City Council adopted Resolution No. 2024-215, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on December 18, 2024. The Mayor and City Council continued the Public Hearing to January 15, 2025, at the request of staff. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $247 per unit for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 48.
•The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
Packet Page 000162
Public Hearing on CFD 2019-1 Annexation No. 48
Discussion (Cont.)
•The services, which may be funded with proceeds of the special tax include but are not limited to:
•All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
•Public lighting including street lights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Packet Page 000163
Project Location
•The property is located at the east side of Piedmont Ave.
•Ward: Fourth Ward Packet Page 000164
Public Hearing on CFD 2019-1 Annexation No. 48
Fiscal Impact:
•It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $12,086. All costs associated with the annexation are borne by the Developer. There is no fiscal impact to the City’s General Fund.
Packet Page 000165
Questions?
Packet Page 000166
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CFD NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 48
PROJECT MAP
Packet Page 000167
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Packet Page 000168
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County of Orange ) ss
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I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
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language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
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HRG - NOTICE OF HEARING
Notice of PH Annex 48
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over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the SAN
BERNARDINO COUNTY SUN, a newspaper published in the English language
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a newspaper of general circulation as defined by the laws of the State of
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the annexed is a printed copy, has been published in each regular and entire
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SAN BERNARDINO
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NOTICE OF PUBLIC HEARING
ON INTENTION TO ANNEX
TERRITORY TO AN EXISTING
COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 48)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on November 6, 2024
adopted its Resolution No. 2024-215,
in which it declared its intention to
annex territory to existing
Community Facilities District No.
2019-1 (Maintenance Services) (the
"CFD No. 2019-1"), and to levy a
special tax to pay for certain
maintenance services, all pursuant
to the provisions of the Mello-Roos
Community Facilities Act of 1982,
Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the
territory to be annexed and
describes the rate and method of
apportionment of the proposed
special tax. No change in the tax
levied in the existing CFD No. 2019-1
is proposed.
NOTICE IS HEREBY FURTHER
GIVEN that the City Council has
fixed 5:00 p.m., or as soon thereafter
as practicable, Wednesday,
December 18, 2024 at the Bing Wong
Auditorium of the Norman F.
Feldheym Public Library at 555 W.
6th Street, San Bernardino,
California, as the time and place
when and where the City Council will
conduct a public hearing on the
annexation of territory to CFD No.
2019-1. At the hearing, the testimony
of all interest persons for or against
the annexation of the territory or the
levying of the special taxes will be
heard. If and to the extent
participation in the December 18,
2024 meeting must occur by
teleconference, videoconference, or
other electronic means authorized
by the Ralph M. Brown Act or an
Executive Order of the Governor of
California, the means and methods
for participating the meeting shall
be posted on the Agenda for said
meeting, which shall be posted at
least 72 hours prior to the meeting on
the City of San Bernardino
(www.sbcity.org), and outside of the
Bing Wong Auditorium of the
Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, 92410. A
copy of the Agenda will be made
available upon request to the San
Bernardino City Clerk's office at 909-
384-5002.
DATED: November 27, 2024
Genoveva Rocha
City Clerk of the City of San
Bernardino
12/2/24
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SBS-3875515#
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6. Accept $1,000 Grant Funding from Best Friends Animal Society (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-007:
1. Authorizing the Department of Animal Services to accept grant funding in the
amount of $1,000 from Best Friends Animal Society for animal sheltering
programs; and
2. Authorizing the Director of Finance and Management Services to amend the
FY 2024/25 Budget to appropriate $1,000 of the grant funding in both revenues
and expenditures for animal shelter programs and services.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kris Watson, Director of Animal Services
Department:Animal Services
Subject:Accept $1,000 Grant Funding from Best Friends Animal
Society (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-007:
1. Authorizing the Department of Animal Services to accept grant funding in the
amount of $1,000 from Best Friends Animal Society for animal sheltering
programs; and
2. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 Budget to appropriate $1,000 of the grant funding in both revenues and
expenditures for animal shelter programs and services.
Executive Summary
In July of 2024, Best Friends Animal Society asked animal welfare organizations who
wanted to start or expand their return to home program for dogs and cats to register
for the challenge which took place from September 1st through September 30th. Return
to Home programs considered were those that actively reunited the animal with their
owner in the field or before adoption, transfer or other outcomes. On October 25th,
2024, the Department of Animal Services was notified that they were successful in the
challenge and were awarded $1,000 in grant funding. This grant funding will help cover
the cost of supplies for crucial animal shelter programs and services.
Background
The Return to Home Challenge is all about reuniting pets with their families. The
Department of Animal Services focused on several initiatives during the challenge to
help get more pets home. The Department placed extra emphasis on returning animals
to owners while still in the field. Department staff as well as contract city officers were
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trained in properly scanning for microchips in the field before impounding animals. Staff
were educated on the importance of scanning for microchips when animals arrive at
the shelter. The Department encourages the community to post lost and found animals
on local social media pages, to foster the animal at home while they look for an owner
and create lost reports with the Department. The Department partnered with Petco
Love Lost and Pawboost to automatically upload all lost and found animals from the
shelter to their websites, increasing the visibility of lost pets in our jurisdictions. The
Department also offers payment plans for individuals who may have a financial barrier
to paying all fees at once to redeem their impounded pet from the shelter. For owners
who can show proof of low income, fees can also be waived to make redemption of
their animal affordable. Free microchips are given at many offsite events to increase
awareness of the importance on microchipping pets and the link to getting those pets
returned home quickly.
Discussion
During the month of September, 86 impounded dogs were returned to their owners.
This is a 4.94% increase in the number of dogs returned to their owners from
September 2023. This challenge was important to highlight the need for owners in the
community to microchip and place tags on their pets. According to data from Best
Friends Animal Society, there has been a 26% national decline since 2019 in dogs
being reclaimed by their owners after entering animal shelters. As shelters across the
country continue to grapple with an increase in dogs entering their facilities, reuniting
lost pets with their families is more urgent than ever. The Department of Animal
Services believes that pets belong at home with their families rather than waiting in the
shelter. The Department will continue to engage community members to support our
shelter by helping more lost pets return home by ensuring their pets are microchipped
and always wear collars and identification tags with up-to-date contact information.
These proactive steps can greatly enhance the likelihood of a quick reunion if a pet
goes missing and ends up at an animal shelter. The unrestricted grant of $1,000 will
be used to help with shelter supplies such as microchips, leashes, food bowls, crates,
kennels and other items as needed. As a Best Friends Network Partner, the
Department is eligible for future grant opportunities which support increased lifesaving
of pets in the community.
The performance period for this grant is from October 12, 2024 through October 12,
2025. One of the conditions of the grant is that the Department is required to submit
monthly data on shelter intakes and outcomes to the Shelter Pet Data Alliance
Organization (www.shelterpetdata.org). The Department has submitted all monthly
intake and outcome data on dogs and cats to this organization from January 2019
through November 2024. Although this platform does not allow public access to the
shelter statistics, the Department submits the same data to another nonprofit
organization, Shelter Animals Count (www.shelteranimalscount.org). The Department
has included the link to Shelter Animals Count on our website under the statistics tab
on our page.
2021-2025 Strategic Targets and Goals
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The acceptance of this grant is consistent with Key Target No. 1: Improved Operational
& Financial Capacity, through the opportunity for increased grant funding which will
allow the Department to maintain animal shelter programs and services. The
acceptance of this grant also aligns with Key Target No. 3: Improved Quality of Life
through community involvement by allowing community members to receive free
microchips for pets. These programs give the Department an opportunity to educate
and engage the community, building trust and increase awareness.
Fiscal Impact
There is no fiscal impact to the General Fund for this grant. The budget for Fiscal Year
2024/2025 will be amended by $1,000 in both revenues and expenditures.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-007:
1. Authorizing the Department of Animal Services to accept grant funding in the
amount of $1,000 from Best Friends Animal Society for animal sheltering
programs; and
2. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 Budget to appropriate $1,000 of the grant funding in both revenues and
expenditures for animal shelter programs and services.
Attachments
Attachment 1 Resolution No. 2025-007 Best Friends Animal Society
Attachment 2 Best Friends Animal Society Return to Home Challenge
Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
On September 18th, 2024, the Mayor and City Council adopted Resolution No. 2024-
202, authorizing the Department of Animal Services to accept grant funding in the
amount of 25,000 from Best Friends Animal Society.
On November 17th, 2021, the Mayor and City Council adopted Resolution No. 2021-
270, authorizing the Director of Finance to amend the FY 2021/22 budget to transfer
$1,500 from the Animal Services Best Friends Revenue Fund to the Animal Services
Best Friends Expense account for the purchase of volunteer tracking software for the
Department.
On May 19th, 2021, the Mayor and City Council adopted Resolution No. 2021-102,
accepting a grant award in the amount of $45,000 from Best Friends Animal Society
for Animal Shelter Programs and Services.
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Resolution No. 2025-007
Resolution 2025-007
January 15, 2025
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RESOLUTION NO. 2025-007
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DEPARTMENT OF ANIMAL
SERVICES TO ACCEPT GRANT FUNDING IN THE
AMOUNT OF $1,000 FROM BEST FRIENDS ANIMAL
SOCIETY FOR ANIMAL SHELTERING PROGRAMS; AND
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
BUDGET TO APPROPRIATE $1,000 OF THE GRANT
FUNDING IN BOTH REVENUES AND EXPENDITURES
FOR ANIMAL SHELTER PROGRAMS AND SERVICES.
WHEREAS, the City of San Bernardino Department of Animal Services has been
approved for grant funding by Best Friends Animal Society; and
WHEREAS, the City is working to increase the number of animals returned to their
owners; and
WHEREAS, the City is working to expand community engagement through education on
microchipping pets and
WHEREAS, the grant funding would support the City in its efforts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorizes the Department of Animal
Services to accept grant funding in the amount of $1,000 from Best Friends Animal Society for
animal sheltering programs.
SECTION 3. The Mayor and City Council hereby authorizes the Director of Finance and
Management Services to amend the FY 2024/25 budget to appropriate $1,000 of the grant funding
in both revenues and expenditures for animal shelter programs and services.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
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Resolution No. 2025-007
Resolution 2025-007
January 15, 2025
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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 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-007
Resolution 2025-007
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-007, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page 000177
Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 1
City of San Bernardino, Department of Animal Services
2024 Return to Home Challenge
San Bernardino City Animal Control
Kristine Watson
333 Chandler Place
San Bernardino, CA 92401
sbcitypets@sbcity.org
O: 909-384-1304
Kristine Watson
333 Chandler Place
San Bernardino, CA 92401
watson_kr@sbcity.org
O: 909-384-1304 x1515
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 2
Application Form
Challenge Requirements + Agreement
Reminder of Challenge requirements:
•Be a Best Friends Network Partner
•Have a Shelter Pet Data Alliance account with current data through 2023 and the last completed month of
2024
•Share community education resources in English and Spanish (other languages acceptable based on the
shelter's community) on the topics of lost/found pets and mircochipping a minimum of 4 times in
September on all social media and website
•Distribute all provided PetHub tags
•Demonstrate a year over year increase in pets reclaims via return to home or return to home in field
practices in September
•Pilot at least 2 new operational practices from September 1-September 30 (see options below)
Every organization that meets the requirements above will receive a $1,000 grant! Five organizations will receive
$10,000.
•2 for the organizations with the greatest year over year reclaim increase
•1 for greatest number of reclaims for organizations who did not practice return to home operations in
2023
•2 for the most creative solutions for Return to Home
Grant notifications will be sent in mid-October.
Which return to home practices will your organization pilot from September 1-
September 30?*
You must pilot at least TWO of these practices for the full month of September to be eligible for any grant. You
must select practices your organization does not currently do.
We are available to help if you have any questions about these options. Please complete this support form and
someone will be in touch.
Add Petco Love Lost reclaim feature to website
Host low-cost or free microchipping event or offer free microchipping for the duration of Sept. 2024
Is your organization a municipal entity in South Carolina or Texas?*
Private organizations with government contracts in South Carolina or Texas should select "No."
All organizations outside of Texas and South Carolina, including municipal entities in other states, should select
Packet Page 000179
Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 3
"No."
No
Best Friends Animals Society (“BFAS”) is a 501(c)(3) nonprofit corporation based in Kanab, Utah, whose
mission is No More Homeless Pets®. BFAS feels privileged to help save lives by working with
organizations and agencies by providing funding for specific projects and/or needs.
Recipient (defined below) is a 501(c)(3) nonprofit animal welfare charity or a municipal shelter which
has submitted a grant request to BFAS requesting to be awarded a grant pursuant to the scope of the
program below.
This grant agreement (“Agreement”) will govern the terms of the grant (the “Grant”). The parties hereby
agree to the following terms and conditions as of the date on which it is fully executed by both parties
(the “Effective Date”). Each party shall be referred to herein individually as a “Party,” and collectively as
the “Parties.”
Project Description, Grant Amount and Term
Section 1. Project Description, Grant Amount and Term
Full Legal Name of Organization*
City of San Bernardino, Department of Animal Services
EIN*
956000772
Grant Amount: $1,000
The Term of this Agreement, unless terminated pursuant to the language below will be
from October 12, 2024 to October 12, 2025. In the event that (a) Recipient fails to fulfill or report on the
conditions set forth in Exhibit A, or (b) BFAS determines that Recipient has not met the conditions set
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 4
forth in Exhibit A, then (y) no Grant will be provided and (z) upon either Party’s written notification to
the other (email is sufficient), this Agreement will immediately terminate.
The Grant will be provided in one-time payment by November 8, 2024 or if notification is provided to
Recipient of a delay, within a commercially reasonable time after November 8,
2024 with BFAS’ obligation to disburse funds conditional upon (a) Recipient’s execution of this
Agreement via electronic platform by August 9, 2024, (b) BFAS receipt of Recipient’s IRS Form W-
9 by August 9, 2024 (c) Recipient has fulfilled the conditions set forth in Exhibit A and has reported on its
activities, and (d) BFAS good faith confirmation that Recipient fulfilled the conditions set forth in Exhibit
A.
Use of Grant Funds
Section 2. Commitment from Recipient to BFAS
A. Submit monthly data reporting through the Shelter Pet Data Alliance platform through the Term
of this Agreement.
Section 3. Grant Branding Terms and Promotion
Recipient shall coordinate with BFAS regarding the promotion of the Grant. The Recipient agrees that BFAS may
issue reports or statements to its members, the media and the public about the Grant and identify Recipient by
name. This includes, but is not limited to websites, newsletters, press releases, magazine articles, blogs, and
podcasts. The Recipient shall reasonably cooperate with BFAS network staff, volunteer team leaders, and news or
magazine writers in the production of such news content. Neither Party may use the other Party’s logos,
trademarks, or other intellectual property without express written permission of the other Party.
Section 4. Grant Recipient Representations and Warranties Recipient represents and warrants as
follows:
A.Recipient is a qualified 501(c)(3) entity or government organization and is and will continue to
be a BFAS Network Partner during the Term of this Agreement.
B.Recipient represents that Recipient will have within the times set forth in Exhibit A
(i) fulfilled each of the requirements for the Return to Home Challenge as set forth in Exhibit A
attached hereto and (ii) will have accurately reported on activities pursuant to the reporting
form referenced in Exhibit A to BFAS.
C.Recipient acknowledges that its animal welfare activities may be governed by a variety of
federal, state, and local laws. Recipient hereby warrants that it shall use its best efforts
to comply with all applicable laws and shall not knowingly violate same.
D.There are no claims, investigations, or proceedings in progress, pending or threatened against
Recipient which, if determined adversely, would have a material effect on Recipient’s ability to
fulfill its obligations pursuant to this Agreement and there are no claims, investigations or
proceedings in progress, pending or threatened against Recipient which involve animal neglect
or abuse
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Kristine Watson San Bernardino City Animal Control
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E.The individual signing this Agreement on behalf of Recipient is legally competent to enter into
this Agreement duly authorized to do so by the Recipient.
Section 5. Grant Restrictions
Recipient specifically agrees that no portion of the Grant funds will be used for any of the following: (i)
to lobby or otherwise attempt to influence legislation; (ii) to influence outcome of any specific public
election or participate or intervene in any political campaign on behalf of any candidate for public office
or conduct, directly or indirectly; (iii) to support or oppose any elected official or candidate for public
office or on any particular issue.
Section 6. Termination
Recipient may terminate this Agreement upon providing ten (10) business days written notice to BFAS in the event
of the following events of default:
(i) By its actions or statements, BFAS materially harms Recipient as determined by Recipient in its reasonable
judgment;
(ii) BFAS files for bankruptcy, sells, assigns, or transfers the majority of its assets to another entity, or ceases to
operate as a nonprofit corporation.
BFAS may terminate this Agreement upon providing ten (10) business days written notice to the Recipient in the
event of the following events of default:
(i) By its actions or statements, Recipient materially harms BFAS as determined by BFAS in its reasonable
judgment:
(ii) Recipient files for bankruptcy, sells, assigns, or transfers the majority of its assets to another entity, or
ceases to operate as a nonprofit corporation (if a nonprofit corporation); or
(iii) Recipient fails to perform its commitments as set out in this Agreement.
Section 7. Non-Disparagement
During the Term of this Agreement and for one year after this Agreement’s termination, Recipient
agrees to take reasonable commercial measures to ensure that its representatives
and Recipient’s official media outlets do not make statements, including but not limited to social media
posts, regarding the activities covered by this Agreement that are intended to or likely to bring BFAS into
disrepute.
Section 8. Release
To the full extent permitted by applicable law, Recipient, its directors, officers, employees,
representatives, agents, successors and assigns, agrees never to bring a claim or suit against BFAS
relating to the Grant and its receipt of grant funds. Recipient agrees BFAS and its directors, officers,
employees, representatives, agents, successors, and assigns (the “Releasees” are not responsible for any
of the decisions, plans, guidelines, work, or activities related to or arising from its programs. Recipient
releases the Releasees from all liability arising from any work or activities related to this Grant.
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 6
Recipient understands this Agreement discharges the Releasees from any liability to Recipient with
respect to bodily injury, personal injury, illness, death, property damage or other loss of any kind or
nature whatsoever, direct or indirect, known or unknown, that may result as a result of Recipient’s
work, participation and activities related to this Grant. To the full extent permitted by applicable
law, Recipient releases the Releasees for BFAS’ own negligence or liability that may result in bodily
injury, personal injury, illness, death, property damage or other loss of any kind or nature whatsoever,
direct or indirect, known or unknown, that may result as a result of Recipient’s work, participation and
activities related to this Grant.
Section 9. Indemnity Agreement
To the full extent permitted by law, the Recipient and its directors, officers, agents, employees,
representatives, successors and assigns, agree to indemnify and hold Releasees harmless for all bodily
injury, personal injury, illness, death, property damage or other losses of any kind or nature whatsoever,
direct or indirect, known or unknown, including attorney’s fees and costs of litigation that result to
anyone else or any other entity because of Recipient’s actions or omissions related to the Recipient’s
programs or any breach by Recipient of this Agreement. This includes lone acts or omissions by the
Recipient as well as the combined acts of the Recipient with others.
Section 10. Survival of Terms
The releases and indemnification obligations are perpetual. The Non-Disparagement clause survives
for one year following this Agreement’s termination.
Section 11. No Third-Party Beneficiaries
Nothing in this Agreement shall be construed to give any person or entity other than the Parties to this
Agreement any legal or equitable claim, right or remedy; rather, this Agreement is intended to be for
the sole and exclusive benefit of the Parties hereto.
Section 12. Potential Additional Grant Funds and Publicity Materials
Recipient understands that Recipient may be awarded an additional $10,000 in funds in the event that it
is chosen as a “10,000 grant recipient” as part of the Return to Home Challenge. Any such selection or
disbursement of additional funds is at the sole discretion of BFAS. The Parties agree that all the terms of
this Agreement apply to such disbursement of funds. In addition, if Recipient is selected as a $10,000
grant recipient, Recipient agrees to provide to Best Friends, via email to the contact address provided by
Best Friends, with a minimum of one (1) unique still photo and/or video clip of no less than 30 seconds
in length, in a format suitable for posting on social media platforms or websites (with the specific digital
format mutually agreed upon by the parties) relating to events or activities associated with the Program
by October 31, 2024 (the “Publicity Materials”). Recipient grants Best Friends the nonexclusive,
perpetual, royalty-free right, license and permission to use the Publicity Materials in any manner Best
Friends deems appropriate and warrants to Best Friends that it has received any permissions needed to
grant such right and will, to the full extent permitted by law, indemnify, defend and hold harmless Best
Friends from any claim that Best Friends use of such Publicity Materials pursuant to this Agreement
infringes any third-party rights.
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 7
Section 13. Other Terms
The provisions in this Agreement bind the successors and assigns of Recipient. Each term of this
Agreement is material. Recipient agrees that in the event that any clause or provision of this agreement
shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or
provision shall not otherwise affect the remaining provisions of this Agreement. This is the entire
agreement between the Parties and supersedes any other verbal or written statements,
representations, or promises.
This Agreement shall not be construed to constitute any form of partnership, agency, or joint venture
between BFAS and Recipient. Neither Party is responsible in any way for the debts of the other or any
other party, or any breach of any law, rule, regulation, complaint, grievance, custom, or guideline of the
other. Neither Party has authority to bind the other to any contractual or other agreements and in no
event shall either Party represent or hold itself out as acting on behalf of the other Party hereto.
By signing below, Recipient and BFAS acknowledge and agree to the terms of this Agreement. If signing
electronically, the Parties acknowledge that they have read this Agreement and indicate their intent to
electronically sign and be bound by the terms and conditions therein. They agree that their electronic
signatures are intended to authenticate this writing and to have the same force and effect as a manual
signature for purposes of validity, enforceability, and admissibility.
Acceptance of Terms and Conditions*
This grant is conditional upon Recipient's acceptance of the terms and conditions set forth herein. By selecting the
"I Accept Grant Terms and Conditions" below, Recipient agrees to accept and comply with the stated terms and
conditions of this grant.
I Accept Grant Terms and Conditions
AUTHORIZED SIGNATURE
By typing in my Name, Title, and Date in the spaces below, and clicking submit, I confirm that I am an authorized
representative of Network partner and intend to affix my electronic signature to FY 2024 Return to Home
Challenge Grant Agreement, with the intent to be bound thereby.
The authorized representative agrees that the representative's electronic signature is intended to authenticate this
writing and to have the same force and effect as a manual signature for the purposes of validity, enforceability,
and admissibility.
Full Name*
Kristine Watson
Title*
Director of Animal Services
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 8
Date*
07/30/2024
BFAS Name
Kayla Riding
BFAS Title
Specialist, Network Partner & SPDA Support
BFAS Date Signed
10/31/2024
Appendix A: Return to Home Challenge Participation
Requirements
1. Recipient completed and submitted to BFAS the required registration form by August 9, 2024 at 11:59pm
MST.
2. Recipient completed and submitted to BFAS the required challenge report form by October 12, 2024 at
11:59 pm MST.
3. Recipient has anShelter Pet Data Alliance account and is current on data submission and sharing for all of
2023 and through the month of September 2024.
4. Recipient shared community education resources provided or approved by BFAS in English and Spanish
(or another language acceptable based on the shelter’s community) on the topics of lost and found pets
and microchipping a minimum of 4 times on all organizational social media channels and websites during
September 2024.
5. Recipient distributed all provided PetHub tags during September 2024.
6. Recipient piloted two “Return to Home” practices, that Recipient was not already doing prior to
September 1, 2024, for the duration of September 2024 (details and options below) as reported on the
challenge report.
7. Recipient demonstrated a year-over-year increase in total animals reclaimed between September 1 and
September 30 as reported on the challenge report.
"Return to Home” practices options:
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 9
•Add Petco Love Lost reclaim feature to Recipient’s website
• Provide at least 50% of its animal control officers that engage with public microchip scanners
• Waive or reduce reclaim fees by at least 50%
•Rehoming: Allow the public to view and place an adoption hold on an animal before the animal’s stray
hold period expires
•Host low-cost or free microchipping event during September 2024 or offer free microchipping for the
duration of September 2024
• Publish on Recipient's website a quality photo (as defined by provided materials) for all lost pets within
24 hours of intake
•Conduct in-field investigation for home: Require animal control officers to follow lost pets to see if they
can identify their home and talk to at least one community member if unable to identify by following pet.
Leave an informational flyer at the suspected home with reclaim instructions.
•Hang flyers for impounded animals: Require animal control officers to hang 2 provide flyers with the
animal’s information at the nearest intersection to where the pet was found.
•Utilize Nextdoor: Begin posting all stray/lost pets on Nextdoor with a photo and found location.
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Kristine Watson San Bernardino City Animal Control
Printed On: 2 December 2024 2024 Return to Home Challenge 10
File Attachment Summary
Applicant File Uploads
No files were uploaded
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7. Adoption of Ordinance MC-1645 - Development Code Amendment 24-04 (ADU
2024 Legislative Update)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California accept for final reading and adopt Ordinance No. MC-1645, approving
Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones);
Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling
Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to
update the development standards for Accessory Dwelling Units in compliance with
recent changes in state law; and finding such action statutorily exempt from the
California Environmental Quality Act under Public Resources Code Section 21080.17
(Attachment 1 and Attachment 2).
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and Housing
Department:Community Development and Housing
Subject: Adoption of Ordinance MC-1645 - Development Code
Amendment 24-04 (ADU 2024 Legislative Update)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1645, approving Development Code Amendment 24-
04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential
Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino
Development Code (SBMC Title 19) in order to update the development standards for
Accessory Dwelling Units in compliance with recent changes in state law; and finding such
action statutorily exempt from the California Environmental Quality Act under Public
Resources Code Section 21080.17 (Attachment 1 and Attachment 2).
Executive Summary
This agenda item is the second and final reading of Development Code Amendment 24-
04. It is recommended that the Mayor and City Council accept the final reading and adopt
Ordinance No. MC-1645.
Background
On December 18, 2024, the Mayor and City Council conducted a public hearing on
approving Development Code Amendment 24-02.
Development Code Amendment 24-04 amends Chapter 19.04 (Residential Zones);
Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units)
of the City of San Bernardino Development Code (SBMC Title 19) in order to update the
development standards for Accessory Dwelling Units in compliance with recent changes
in state law (Attachment 1 and Attachment 2).
Discussion
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Ordinance No. MC-1645, approving Development Code Amendment 24-04 for the update
to the development standards for Accessory Dwelling Units was reviewed by the City
Council at their December 18, 2024, meeting. The Ordinance is now ready for its final
reading and adoption.
2021-2025 Strategic Targets and Goals
Development Code Amendment 23-03 aligns with Key Target Goal No. 3: Improved
Quality of Life and 4(b): Economic Growth and Development – Update the General Plan
and Development Code. Specifically, the amendment will update the Development Code
for compliance with state law. The amendment to the Development Code will ensure
consistency with state law.
Fiscal Impact
There is no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California accept for final reading and adopt Ordinance No. MC-1645, approving
Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones);
Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units)
of the City of San Bernardino Development Code (SBMC Title 19) in order to update the
development standards for Accessory Dwelling Units in compliance with recent changes
in state law; and finding such action statutorily exempt from the California Environmental
Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment
2).
Attachments
Attachment 1 Ordinance No. MC-1645 (Approving Development Code
Amendment 24-04)
Attachment 2 Ordinance No. MC-1645 (Approving Development Code
Amendment 24-04) – Exhibit A
Ward:
All Wards
Synopsis of Previous Council Actions:
On December 18, 2024, the Mayor and City Council took the following actions:
1) Adopted Urgency Ordinance No. MC-1644U approving Development Code
Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section
19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units)
of the City of San Bernardino Development Code (SBMC Title 19) in order to update
the development standards for Accessory Dwelling Units in compliance with recent
changes in state law; and
2) Introduced Ordinance No. MC-1645 approving Development Code Amendment 24-
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04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P)
(Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San
Bernardino Development Code (SBMC Title 19) in order to update the development
standards for Accessory Dwelling Units in compliance with recent changes in state
law.
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ORDINANCE NO. MC-1645
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ORDINANCE NO. MC-1645
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-04
AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES);
SECTION 19.04.030(2)(P) (ACCESSORY DWELLING
UNITS) OF THE CITY OF SAN BERNARDINO
DEVELOPMENT CODE (SBMC TITLE 19) IN ORDER TO
UPDATE THE DEVELOPMENT STANDARDS FOR
ACCESSORY DWELLING UNITS IN COMPLIANCE WITH
RECENT CHANGES IN STATE LAW; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 24-04 IS
STATUTORILY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Bernardino, California (“City”) is a municipal corporation,
duly organized under the constitution and laws of the State of California; and
WHEREAS, the state law authorizes cities to act to provide for the creation and regulation
of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor
has signed into law, a number of bills that, among other things, amend various sections of the
Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into
law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend
state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s
ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and
SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of
ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, Development Code Amendment 24-04 is a City-initiated amendment to
Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards -
Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in
order to update the development standards for Accessory Dwelling Units in compliance with recent
changes in state law; and
WHEREAS, the Planning Division of the Community Development Department of the
City of San Bernardino has prepared Development Code Amendment 24-04 in compliance with
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ORDINANCE NO. MC-1645
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the California Government Code, consistent with the City of San Bernardino General Plan, and
incompliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community Development and Housing Department
evaluated Development Code Amendment 24-04 and determined that it is exempt from CEQA
under California Public Resources Code Section 21080.17; and
WHEREAS, on November 12, 2024, pursuant to the requirements of Section 19.52.040
(Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code,
the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2024-
047 recommending the adoption of the Development Code Amendment 24-04 to the Mayor and
City Council; and
WHEREAS, notice of the December 18, 2024 public hearing for the Mayor and City
Council's consideration of Development Code Amendment 24-04 was published in The Sun
newspaper on December 7, 2024, in accordance with Development Code Chapter 19.52 (Hearing
and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development
Code, the Mayor and City Council have the authority to take action on Development Code
Amendment 24-04.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein.
SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and
City Council having independently reviewed and analyzed the record before it, including written
and oral testimony, and having exercised their independent judgment, Development Code
Amendment 24-04 and this Ordinance No. MC-1645 is exempt from the requirements of the
California Environmental Quality Act (“CEQA”) under California Public Resources Code Section
21080.17, as the California Environmental Quality Act (“CEQA”) does not apply to the adoption
of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of
Division 1 of Title 7 of the California Government Code, which is California’s ADU law and
which also regulates JADUs, as defined by Section 66313. Therefore, adoption of the proposed
ordinance is statutorily exempt from CEQA.
SECTION 3.Finding of Facts – Development Code Amendment 24-04
Finding No. 1:The proposed amendment is consistent with the General Plan.
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ORDINANCE NO. MC-1645
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Finding of Fact:Development Code Amendment 24-04 is consistent with the General Plan,
as follows:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s
unique Neighborhoods. Land Use
Element Policy 2.1.1: Actively enforce development
standards, design guidelines, and policies to preserve and
enhance the character of San Bernardino’s neighborhoods.
The implementation of Development Code Amendment 24-04 is consistent
with the City’s General Plan by allowing for the development of Accessory
Dwelling Units within the single-family residential and multi-family
residential zones in a manner that will prevent negative impacts to the
existing residential neighborhoods and the community at-large, while
maintaining consistency with state law (AB 2533 and SB 1211).
Additionally, as regulated by Development Code Amendment 24-04, new
Accessory Dwelling Units (ADUs) will serve the City’s housing needs in
compliance with Chapter 13 of Division 1 of Title 7 of the California
Government Code.
Finding No. 2:The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 24-
04is necessary and desirable for the development of the community and is
in the interests or furtherance of the public health, safety, convenience, and
general welfare. In enacting the aforementioned legislation the State
Legislature identified Accessory Dwelling Units (ADUs) as an important
housing option for renters and homeowners, given the undersupply of
housing that exists in the State. Development Code Amendment 24-04 will
bring the City’s Development Code into compliance with the
aforementioned statute.
SECTION 4.Adoption of Ordinance. Development Code Amendment 24-04 to amend
Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards
– Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19)
to update the development standards for Accessory Dwelling Units in compliance with state law is
hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and
incorporated herein by this reference.
SECTION 5.Notice of Exemption: The Planning Division of the Community
Development and Housing Department is hereby directed to file a Notice of Exemption with the
County Clerk of the County of San Bernardino within five (5) working days of final approval
certifying the City’s compliance with the California Environmental Quality Act in approving
Development Code Amendment 24-04.
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ORDINANCE NO. MC-1645
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SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 8.Notice of Adoption. The 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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2025.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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ORDINANCE NO. MC-1645
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CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1645, introduced on December 18, 2024, and adopted by the City Council of
the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2025
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
______________________________
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
Development Code Section 19.04.030(2)(P)
(Residential Zones Specific Standards - Accessory Dwelling Units)
19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) shall be
amended and restated to read in its entirety as follows:
P. Accessory Dwelling Units
1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of
Division 1 of Title 7 of the California Government Code.
2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section
will not be:
a. Deemed to be inconsistent with the city’s general plan and zoning designation for the
lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is
located.
c. Considered in the application of any local ordinance, policy, or program to limit
residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection (3)(h)
below. This does not prevent the City from enforcing compliance with applicable
building standards in accordance with Health and Safety Code section 17980.12.
3. Definitions. As used in this section, terms are defined as follows:
a. “Accessory dwelling unit” or “ADU” means an attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. An
accessory dwelling unit also includes the following:
i. An efficiency unit, as defined by section 17958.1 of the California Health and
Safety Code; and
ii. A manufactured home, as defined by section 18007 of the California Health and
Safety Code.
b. “Accessory structure” means a structure that is accessory and incidental to a dwelling
located on the same lot.
c. “Complete independent living facilities” means permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family or
multifamily dwelling is or will be situated.
d. “Efficiency kitchen” means a kitchen that includes each of the following:
i. A cooking facility with appliances.
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ii. A food preparation counter and storage cabinets that are of a reasonable size in
relation to the size of the JADU.
e. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all
of the following:
i. It is no more than 500 square feet in size.
ii. It is contained entirely within an existing or proposed single-family structure. An
enclosed use within the residence, such as an attached garage, is considered to be a
part of and contained within the single-family structure.
iii. It includes its own separate sanitation facilities or shares sanitation facilities with
the existing or proposed single-family structure.
iv. If the unit does not include its own separate bathroom, then it contains an interior
entrance to the main living area of the existing or proposed single-family structure
in addition to an exterior entrance that is separate from the main entrance to the
primary dwelling.
f. “Livable space” means a space in a dwelling intended for human habitation, including
living, sleeping, eating, cooking, or sanitation.
g. “Living area” means the interior habitable area of a dwelling unit, including basements
and attics, but does not include a garage or any accessory structure.
h. “Nonconforming zoning condition” means a physical improvement on a property that
does not conform with current zoning standards.
i. “Passageway” means a pathway that is unobstructed clear to the sky and extends from
a street to one entrance of the ADU or JADU.
j. “Proposed dwelling” means a dwelling that is the subject of a permit application and
that meets the requirements for permitting.
k. “Public transit” means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
l. “Tandem parking” means that two or more automobiles are parked on a driveway or in
any other location on a lot, lined up behind one another.
4. Approvals. The following approvals apply to ADUs and JADUs under this section:
a. Statutory Criteria. If an ADU or JADU complies with each of the general
requirements in subsection (5) below, it is allowed with only a building permit in the
following scenarios:
i. Converted on Single-family Lot: One ADU as described in this subsection
(4)(a)(i) and one JADU on a lot with a proposed or existing single-family dwelling
on it, where the ADU or JADU:
a) Is either: within the space of a proposed single -family dwelling; within the
existing space of an existing single-family dwelling; or (in the case of an ADU
only) within the existing space of an accessory structure, plus up to 150
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additional square feet if the expansion is limited to accommodating ingress and
egress; and
b) Has exterior access that is independent of that for the single-family dwelling;
and
c) Has side and rear setbacks sufficient for fire and safety, as dictated by
applicable building and fire codes.
d) The JADU complies with the requirements of Government Code Sections
66333 through 66339.
ii. Limited Detached on Single-family Lot: One detached, new-construction ADU
on a lot with a proposed or existing single-family dwelling (in addition to any
JADU that might otherwise be established on the lot under subsection (4)(a)(i)
above), if the detached ADU satisfies each of the following limitations:
a) The side- and rear-yard setbacks are at least four-feet.
b) The total floor area is 800 square feet or smaller.
c) The peak height above grade does not exceed the applicable height limit in
subsection (5)(b) below.
iii. Converted on Multifamily Lot: One or more ADUs within portions of existing
multifamily dwelling structures that are not used as livable space, including but not
limited to storage rooms, boiler rooms, passageways, attics, basements, or garages,
if each converted ADU complies with state building standards for dwellings. Under
this subsection (4)(a)(iii), at least one converted ADU is allowed within an existing
multifamily dwelling, up to a quantity equal to 25 percent of the existing
multifamily dwelling units.
iv. Limited Detached on Multifamily Lot: No more than two detached ADUs on a
lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot
with an existing multifamily dwelling, if each detached ADU satisfies all of the
following:
a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily
dwelling has a rear or side yard setback of less than four feet, the city will not
require any modification to the multifamily dwelling as a condition of
approving the ADU.
b) The peak height above grade does not exceed the applicable height limit
provided in subsection (5)(c) below.
c) If the lot has an existing multifamily dwelling, the quantity of detached ADUs
does not exceed the number of primary dwelling units on the lot.
b. Additional Criteria.
i. An ADU that does not qualify under the criteria set forth in subsection (4)(a) above
may be created with a building permit if it complies with the standards set forth in
subsections (5) and (6) below.
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c. Process and Timing.
i. An ADU application is considered and approved ministerially, without
discretionary review or a hearing.
ii. The City must approve or deny an application to create an ADU or JADU within
60 days from the date that the City receives a completed application. If the City
does not approve or deny the completed application within 60 days, the application
is deemed approved unless either:
a) The applicant requests a delay, in which case the 60-day time period is tolled
for the period of the requested delay, or
b) When an application to create an ADU or JADU is submitted with a permit
application to create a new single-family or multifamily dwelling on the lot, the
City may delay acting on the permit application for the ADU or JADU until the
City acts on the permit application to create the new single-family or
multifamily dwelling, but the application to create the ADU or JADU will still
be considered ministerially without discretionary review or a hearing.
iii. If the city denies an application to create an ADU or JADU, the city must provide
the applicant with comments that include, among other things, a list of all the
defective or deficient items and a description of how the application may be
remedied by the applicant. Notice of the denial and corresponding comments must
be provided to the applicant within the 60-day time period established by subsection
(4)(c)(ii) above.
iv. A demolition permit for a detached garage that is to be replaced with an ADU is
reviewed with the application for the ADU and issued at the same time.
5. General ADU and JADU Requirements. The following requirements apply to all ADUs
and JADUs that are approved under subsections (4)(a) or (4)(b) above:
a. Zoning.
i. An ADU or JADU subject to subsection (4)(a) above may be created on a lot in a
residential or mixed-use zone.
ii. An ADU or JADU subject to subsection (4)(b) above may be created on a lot that
is zoned to allow single-family dwelling residential use or multifamily dwelling
residential use.
iii. In accordance with Government Code section 66333(a), a JADU may only be
created on a lot zoned for single-family residences.
b. Access. Each ADU and JADU must have direct exterior access that is separate from
that of the primary dwelling.
c. Height.
i. Except as otherwise provided by subsections (5)(c)(ii) and (5)(c)(iii) below, a
detached ADU created on a lot with an existing or proposed single family or
multifamily dwelling unit may not exceed 16 feet in height.
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ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an
existing or proposed single family or multifamily dwelling unit that is located
within one-half mile walking distance of a major transit stop or a high quality transit
corridor, as those terms are defined in Section 21155 of the Public Resources Code,
and the ADU may be up to two additional feet in height (for a maximum of 20 feet)
if necessary to accommodate a roof pitch on the ADU that is aligned with the roof
pitch of the primary dwelling unit.
iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling
that has more than one story above grade may not exceed 18 feet in height.
iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height
or the height limitation imposed by the underlying zone that applies to the primary
dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this
subsection (5)(c)(iv) may not exceed two stories.
v. For purposes of this subsection (5)(c), height is measured above existing legal grade
to the peak of the structure.
d. Fire Sprinklers.
i. Fire sprinklers are required in an ADU if sprinklers are required in the primary
residence.
ii. The construction of an ADU does not trigger a requirement for fire sprinklers to be
installed in the existing primary dwelling.
e. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
This prohibition applies regardless of when the ADU or JADU was created.
f. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise
provided in Government Code Section 66341, no ADU or JADU may be sold or
otherwise conveyed separately from the lot and the primary dwelling (in the case of a
single-family lot) or from the lot and all of the dwellings (in the case of a multifamily
lot).
g. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment
system, the owner must include with the application a percolation test completed within
the last five years or, if the percolation test has been recertified, within the last 10 years.
h. Owner Occupancy. As required by state law, all JADUs are subject to an owner-
occupancy requirement. A natural person with legal or equitable title to the property
must reside on the property, in either the primary dwelling or JADU, as the person’s
legal domicile and permanent residence. However, the owner-occupancy requirement
in this subsection (5)(h) does not apply if the property is entirely owned by another
governmental agency, land trust, or housing organization.
i. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed
restriction must be recorded against the title of the property in the County Recorder’s
office and a copy filed with the Director. The deed restriction must run with the land
and bind all future owners. The form of the deed restriction will be provided by the
City and must provide that:
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i. Except as otherwise provided in Government Code Section 66341, the ADU or
JADU may not be sold separately from the primary dwelling.
ii. The ADU or JADU is restricted to the approved size and to other attributes allowed
by this section.
iii. The deed restriction runs with the land and may be enforced against future property
owners.
iv. The deed restriction may be removed if the owner eliminates the ADU or JADU,
as evidenced by, for example, removal of the kitchen facilities. To remove the deed
restriction, an owner may make a written request of the Director, providing
evidence that the ADU or JADU has in fact been eliminated. The Director may then
determine whether the evidence supports the claim that the ADU or JADU has been
eliminated. Appeal may be taken from the Director’s determination consistent with
other provisions of this Code. If the ADU or JADU is not entirely physically
removed, but is only eliminated by virtue of having a necessary component of an
ADU or JADU removed, the remaining structure and improvements must otherwise
comply with applicable provisions of this Code.
v. The deed restriction is enforceable by the Director or his or her designee for the
benefit of the City. Failure of the property owner to comply with the deed restriction
may result in legal action against the property owner, and the City is authorized to
obtain any remedy available to it at law or equity, including, but not limited to,
obtaining an injunction enjoining the use of the ADU or JADU in violation of the
recorded restrictions or abatement of the illegal unit.
6. Specific ADU Requirements. The following requirements apply only to ADUs that are
approved under subsection (4)(b) above.
a. Maximum Size.
i. The maximum size of a detached or attached ADU subject to this subsection (6) is
850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit
with two or more bedrooms.
ii. An attached ADU that is created on a lot with an existing primary dwelling is
further limited to 50 percent of the floor area of the existing primary dwelling.
iii. Application of other development standards in this subsection (6), such as setbacks
or lot coverage, might further limit the size of the ADU, but no application of the
percent-based size limit in subsection (6)(a)(ii) above or of a lot coverage limit or
open-space requirement may require the ADU to be less than 800 square feet.
b. Setbacks.
i. An ADU that is subject to this subsection (6) must conform to a 25-foot front-yard
setback, subject to subsection (6)(a)(iii) above.
ii. An ADU that is subject to this subsection (6) must conform to 4-foot side- and rear-
yard setbacks.
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iii. No setback is required for an ADU that is subject to this subsection (6) if the ADU
is constructed in the same location and to the same dimensions as an existing
structure.
c. Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage
of the lot to exceed 50 percent, subject to subsection (6)(a)(iii) above.
d. Passageway. No passageway, as defined by subsection (3)(i) above, is required for an
ADU.
e. No Replacement Parking. When a garage, carport, covered parking structure, or
uncovered parking space is demolished in conjunction with the construction of an ADU
or converted to an ADU, those off-street parking spaces are not required to be replaced.
f. Architectural Requirements.
i. The materials and colors of the exterior walls, roof, and windows and doors must
match the appearance and architectural design of those of the primary dwelling.
ii. The roof slope must match that of the dominant roof slope of the primary dwelling.
The dominant roof slope is the slope shared by the largest portion of the roof.
iii. The exterior lighting must be limited to down-lights or as otherwise required by the
building or fire code.
iv. The ADU must have an independent exterior entrance, apart from that of the
primary dwelling. The ADU entrance must be located on the side or rear building
façade, not facing a public-right-of-way.
g. Allowed Stories. No ADU subject to this subsection (f) may have more than one story,
except that an ADU that is attached to the primary dwelling may have the stories
allowed under subparagraph (5)(c)(iv) of this section.
7. Fees. The following requirements apply to all ADUs and JADUs that are approved under
subsections (4)(a) or (4)(b) above.
a. Impact Fees.
i. No impact fee is required for an ADU or JADU that is less than 750 square feet in
size. For purposes of this subsection (7)(a), “impact fee” means a “fee” under the
Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov.
Code § 66477). “Impact fee” here does not include any connection fee or capacity
charge for water or sewer service.
ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size
must be charged proportionately in relation to the square footage of the primary
dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the
primary dwelling, times the typical fee amount charged for a new dwelling.)
b. Utility Fees.
i. If an ADU or JADU is constructed with a new single-family home, a separate utility
connection directly between the ADU or JADU and the utility and payment of the
normal connection fee and capacity charge for a new dwelling are required.
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ii. Except as described in subsection (7)(b)(i), converted ADUs and JADUs on a
single-family lot that are created under subsection (4)(a)(i) above are not required
to have a new or separate utility connection directly between the ADU or JADU
and the utility. Nor is a connection fee or capacity charge required.
iii. Except as described in subsection (7)(b)(i), all ADUs and JADUs that are not
covered by subsection (7)(b)(ii) require a new, separate utility connection directly
between the ADU or JADU and the utility.
a) The connection is subject to a connection fee or capacity charge that is
proportionate to the burden created by the ADU or JADU, based on either the
floor area or the number of drainage-fixture units (DFU) values, as defined by
the Uniform Plumbing Code, upon the water or sewer system.
b) The portion of the fee or charge that is charged by the City may not exceed the
reasonable cost of providing this service.
8. Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
a. Generally. The city will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted structure on
the lot that does not present a threat to the public health and safety and that is not
affected by the construction of the ADU or JADU.
b. Unpermitted ADUs and JADUs constructed before 2020.
i. Permit to Legalize. As required by state law, the city may not deny a permit to
legalize an existing but unpermitted ADU or JADU that was constructed before
January 1, 2020, if denial is based on either of the following grounds:
a) The ADU or JADU violates applicable building standards, or
b) The ADU or JADU does not comply with state ADU or JADU law or this ADU
ordinance (Section 19.04.030(2)(P)).
ii. Exceptions:
a) Notwithstanding subsection (8)(b)(i) above, the city may deny a permit to
legalize an existing but unpermitted ADU or JADU that was constructed before
January 1, 2020, if the city makes a finding that correcting a violation is
necessary to comply with the standards specified in California Health and
Safety Code section 17920.3.
b) Subsection (8)(b)(i) above does not apply to a building that is deemed to be
substandard in accordance with California Health and Safety Code section
17920.3.
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8. Imposing Liens totaling $243,380.52 on Certain Real Property to Recover Costs
for Code Enforcement Abatements (All Wards)
Recommendation:
Adopt Resolution No. 2025-008 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Gabriel Elliott, Director of Community Development and Housing
Department:Community Development & Housing
Subject:Imposing Liens totaling $243,380.52 on Certain Real
Property to Recover Costs for Code Enforcement
Abatements (All Wards)
Recommendation:
Adopt Resolution No. 2025-008 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
Executive Summary
Chapter 8 of the San Bernardino Municipal Code requires Council approval to lien
unpaid costs associated with Code Enforcement abatement of hazardous conditions.
This allows the City to recover unpaid costs of abatement upon the respective parcels
of land as they are shown upon the last available assessment roll. The unpaid bills
represent a General Fund impact in the amount of $243,380.52.
The City initiated abatement and securing of properties, followed up with proper billing
provided to the owners and interested parties for costs incurred by the City. The billing
notices also included the right to appeal said costs. Approval of the Resolution to lien
the unpaid costs associated with these abatements is intended to recover the City
costs paid for the abatement of the properties.
Background
On October 5, 2015, the Mayor and City Council adopted Ordinance MC-1418, which
repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended
Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance
MC-1521, which made further revisions to Chapter 8.30. These changes have
streamlined the process of abating public nuisances on properties and imposing liens
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to enable the City to recover costs for abating nuisances.
Discussion
San Bernardino Municipal Code Section 8.30.050 requires a Resolution be adopted in
order to assess unpaid costs of abatement as liens upon the respective parcels of land
as they are shown upon the last available assessment roll.
The Abatement Assessments are for public nuisance abatements performed by the
Code Enforcement Division which includes properties that were either secured and/or
cleaned via administrative inspection abatement warrants or were deemed Unsafe for
Occupancy by the Code Enforcement Division. Also, included in this section are
emergency board-ups requested by the Police and Fire Departments. Emergency
board-ups are requested after a break-in has occurred or after fire suppression
activities, when no responsible parties could be reached. Additionally, there were four
property demolitions performed with administrative demolition warrants and two
emergency knockdowns of fire damaged structures that were deemed a collapse
hazard by the Fire Department.
All affected property owners identified on the Abatement Assessments list have been
notified through regular and certified mail of the respective abatement costs per SBMC
8.30.023. Further, affected property owners were also issued a Notice of Summary
Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also
been advised of their right to appeal said costs within ten days, or to pay the costs
within 45 days of notice per San Bernardino Municipal Code Section 8.30.030,
8.30.040 and 8.30.041. To date, hearings have not been requested and the costs are
currently outstanding. As such, staff recommends adopting the Resolution to assess
the unpaid costs of the nuisance abatements.
The total of outstanding fees for Abatement Assessment, to include warrant
abatements, emergency abatements and demolitions, is $243,380.52. If property
owners come forward to pay their costs prior to the council meeting, their properties
will be removed from Attachment 2.
2021-2025 Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns
with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No.
4: Economic Growth & Development. Imposing liens to resolve public nuisances would
ensure the City receives revenue back into the Community Development & Housing
Department and that the City continues to strive towards being clean and attractive.
Fiscal Impact
The anticipated amount to be collected is $243,865.53. The amount will be collected
incrementally as individual properties are sold and/or liens are paid through the
escrow process or entered as an assessment on the County tax roll.
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Conclusion
Adopt Resolution No. 2025-008 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
Attachments
Attachment 1 Resolution No. 2025-008, Imposing Liens to Recover Costs
for Code Enforcement
Attachment 2 Resolution No. 2025-008, Exhibit A
Attachment 3 Ordinance No. MC-1521
Ward:
All Wards
Synopsis of Previous Council Actions:
October 5, 2015, Mayor and City Council adopted Ordinance MC-1418, repealing San
Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San
Bernardino Municipal Code regarding Public Nuisance Abatement.
April 18, 2018, Mayor and City Council adopted Resolution 2018-106, imposing liens
on certain real property located within the City of San Bernardino for the costs of public
nuisance.
August 1, 2018, Mayor and City Council adopted Resolution No. 2018-222, imposing
liens on certain real property located within the City of San Bernardino for the cost of
public nuisance abatements.
September 18, 2019, Mayor and City Council adopted Ordinance MC-1521, Amending
Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San
Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal
Code, related to various Code Enforcement Procedures, including the City’s
administrative hearing procedures and appeals procedures.
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Resolution No. 2025- 008
Resolution No. 2025-008
January 15, 2025
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RESOLUTION NO. 2025-008
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
IMPOSING LIENS ON CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR THE COSTS OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of
the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the
properties described in the Abatement Assessments List, a copy of which is attached hereto and
incorporated herein as Exhibit A, in this Resolution; and
WHEREAS, notice of the abatement costs were given to the owners of record of said
properties, and any timely requested hearing has heretofore been held to hear protests of the costs
of said abatement before the Administrative Hearing Officer, who determined the owner of
record is responsible for the costs.
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. Said costs are found to have been incurred by the City pursuant to
proceedings under the San Bernardino Municipal Code, and the final statement of costs on file
with the City Clerk is hereby confirmed and adopted as special assessments against the
properties lists in Exhibit A.
SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino
Municipal Code 8.30.050 and shall be collected as a special assessment.
SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution,
including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of
the County of San Bernardino, State of California, directing that each sum be entered as a lien
charged against the property as it appears on the current assessment rolls, to be collected at the
said time and in the same manner, subject to the same penalties and interest upon delinquencies,
as the general taxes for the City of San Bernardino are collected.
SECTION 5. 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
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Resolution No. 2025- 008
Resolution No. 2025-008
January 15, 2025
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the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
______________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
___________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2025- 008
Resolution No. 2025-008
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-008, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of January 2025.
______________________________
Genoveva Rocha, CMC, City Clerk
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EXHIBIT "A"
ABATEMENT ASSESSMENTS
ADDRESS OWNER DATE ABATED WARD COST
3785 PERSHING AVE BROWN, LAUREN K 08/15/24 4 $4,595.61
1446 MORGAN RD ADAME , DIANNE 08/06/24 5 $1,418.49
1515 SHERIDAN RD BUFFALO NIKKLE LLC 09/07/24 & 08/30/24 5 $8,796.88
1370 HILLSIDE DR FLORES, SANTIAGO ISRRAEL ALMENGOR 04/24/24, 07/24/24 & 09/13/24 2 $32,114.00
764 INLAND CENTER DR ELLAHI, SHIEKH S FAMILY TRUST 10/5/17 06/19/24 3 $19,822.74
901 N F ST AMER BAPTIST CHURCHES OF PAC SOUTHWE 09/09/24 & 09/10/24 1 $24,333.70
800 N H ST ASSETS CORP OF AMERICA INC 07/22/24 1 $36,435.15
660 VALLEY VIEW AVE PATRIOT DEVELOPMENT PARTNERS LLC 06/07/24 - 06/20/24 3 $35,306.91
656 VALLEY VIEW AVE PATRIOT DEVELOPMENT PARTNERS LLC 06/06/24 - 06/20/24 3 $26,027.84
207 W 17TH ST TAMAYO , NORMA 10/14/24 2 $2,001.00
2155 N PERSHING AVE PARKER, IRIS A 05/05/24 2 $27,294.09
220 E HIGHLAND AVE SARWAR, SALEH 09/11/24 7 $2,769.33
575 SANTA FE ST PATRIOT DEVELOPMENT PARTNERS LLC 10/16/24 3 $6,978.74
1759 ELM AVE MANEZ, EVANGELINE J 09/06/24 3 $1,586.40
913 E BASELINE ST LANDEXCORP LLC 09/26/24 1 $3,317.62
2024 LUGO AVE GUZMAN, ROBERTO 10/23/24 2 $10,582.02
Total:$243,380.52
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Ordinance No. MC -1521
1 R 11 RN- _._ LC/1Wf1X&[offF•3 i l
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING CHAPTERS 2.45, 8.24, 8.30, 8.36, 9.92, 15.04,
15.05, 15.20, AND 15.28 OF THE SAN BERNARDINO
MUNICIPAL CODE, AND ADDING CHAPTER 9.94 OF
THE SAN BERNARDINO MUNICIPAL CODE, RELATED
TO VARIOUS CODE ENFORCEMENT PROCEDURES,
INCLUDING THE CITY'S ADMINISTRATIVE HEARING
PROCEDURES AND APPEALS PROCEDURES
WHEREAS, the City previously adopted Ordinance No. MC -1474, which established
the Building and Accessibility Appeals Board and dissolved the Board of Building
Commissioners, as permitted by Health and Safety Code section 19957.5(a); and
WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and
Accessibility Appeals Board and establish the Building Appeals Board in order to comply with
Health and Safety Code section 17920.5, ease the Board's membership qualifications, and make
reaching a quorum easier; and
WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the
procedures for appeals before the Building Appeals Board; and
WHEREAS, Ordinance No. MC -1474, when dissolving the Board of Building
Commissioners, did not eliminate lateral references to that board elsewhere in the San
Bernardino Municipal Code, and
WHEREAS, this Ordinance amends Chapters 8.24, 8.3 6, 8.69, 9.92, 15.04, 15.20, 15.26,
15.27, and 15.28, in part, to eliminate erroneous references to the defunct Board of Building
Commissioners; and
WHEREAS, this Ordinance adds Chapter 9.94 to the San Bernardino Municipal Code to
create a uniform process for the handling of administrative hearings and appeals where such
rights are granted in the San Bernardino Municipal Code; and
WHEREAS, this Ordinance amends the appeal procedures in Chapters 8.24, 8.30, 8.36,
9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing
and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be
the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns
appeals to be heard by the Building Appeals Board consistent with the right granted under
California Building Code section 1.8.8.3; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all
other hearings and appeals to Chapter 9.94 of the San Bernardino Municipal Code; and
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Ordinance No. MC -1521
WHEREAS, this Ordinance amends Section 8.24.100" of Chapter 8.24, Solid Waste
Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the
City Manager and provide for appeals to a hearing officer under new Chapter 9.94; and
WHEREAS, this Ordinance amends Chapter 8.30, Public Nuisances, to clarify the
procedures for summary abatement and demolition procedures, including providing notice to
property owners, recovery of abatement costs, and procedures for hearings and appeals; and
WHEREAS, this Ordinance amends Chapter 8.36, Abandoned Vehicles, to clarify the
notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures
therein, and instead provide for appeals to a hearing officer under Chapter 9.94; and
WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to
authorize the City to collect- delinquent administrative citation fines via any legal means,
eliminate collection of delinquent administrative citation fines via liens, and eliminate the second
tier of administrative appeal before an appellant may seek judicial review of an administrative
citation; and
WHEREAS, this Ordinance amends Chapter 15.04, Building Codes, to adopt all parts of
the California Building Standards Code, to eliminate adoptions of other unnecessary uniform
codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for
building permits; and
WHEREAS, this Ordinance amends Chapter 15.05, Property Maintenance Code, to
correct a reference to the current edition of the International Property Maintenance Code; and
WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide
for appeals to a hearing officer under new Chapter 9.94; and
WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends
the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the
San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the
authority granted to the building official, to clarify the authority of the building official to secure
buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the
City's authority to recover costs of abatements done under this code; and
WHEREAS, this Ordinance amends various tables of contents, the numbering of certain
sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and
as otherwise required according to the foregoing amendments; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
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Ordinance No. MC -1521
SECTION 2. Chapter 2.45 of Title 2 of the San Bernardino Municipal Code is hereby
amended to state in full as follows:
44
Chapter 2.45
BUILDING APPEALS BOARD
Sections:
2.45.010 Members
2.45.020 Reserved]
2.45.030 Duties
2.45.040 Review of the Board's Decision
2.45.050 Oath of Office
2.45.060 Chair - Meetings
2.45.070 Quorum
2.45.080 Hearing Procedures
2.45.010 Members - Appointment
The Building Appeals Board shall be comprised of the members of the San Bernardino
Planning Commission, as defined in Section 2.22.010 of this Code. Members shall be appointed
on a basis of knowledge in the applicable building codes, regulations, and ordinances of the City,
and must be qualified by training and experience to pass on matters pertaining to building
construction.
2.45.020 [Reserved]
2.45.030 Duties
Pursuant to Section 1.8.8 of the California Building Code, the Board shall have the duty
to consider appeals of orders, decisions, and determinations of the City of San Bernardino
Building Official relating to the building standards of the California Building Standards Code.
The Board is authorized to establish policies and procedures necessary to carry out its duties.
2.45.040 Review of the Board's Decision
The decision of the Board may be appealed to the City Council in accordance with
Chapter 2.64 of this Code. The City Council's decision on an appeal from the Board's decision is
final and binding. Pursuant to Code of Civil Procedure Section 1094.5 and 1094.6, any action to
review a decision of the City Council shall be commenced not later than the ninetieth (90th) day
after the date the City Council's order is adopted.
2.45.050 Oath of Office
Prior to undertaking his or her duties as a member of the Board, the member shall
subscribe and file his or her official oath of office with the City Clerk.
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2.45.060 Chair - Meetings
A. The Chairperson of the Board shall be the Chairperson of the Planning Commission, or his or
her designee. The Board shall meet only as required to consider an appeal within its
jurisdiction.
B. The Board shall meet at such times and dates, and in such places, as shall be designated by
the Chairperson of the Board.
C. Meetings of the Board shall be open to the public and shall be governed by the provisions of
the Ralph M. Brown Act, Sections 54950.5, et seq., California Government Code, except as
otherwise provided by law.
D. A member shall not hear an appeal in which that member has a personal, professional, or
financial interest.
2.45.070 Quorum
Any five members in attendance at any meeting shall constitute a quorum.
2.45.080 Hearing Procedures
A. The Board shall meet upon notice from the chairperson.
B. The appellant, the appellant's representative, the Building Official, the Building Official's
representative, and any person whose interests are affected shall be given an opportunity to
be heard.
C. The Board shall adopt and make available to the public procedures under which a hearing
will be conducted. The procedures shall not require compliance with strict rules of evidence,
but shall mandate that only relevant information be received.
D. A quorum of the Board shall hear an appeal.
E. The Board may modify or reverse the decision of the Building Official by a concurring vote
of a majority of its members. The authority of the Board to render a decision is limited to the
scope of authority of the Building Official in the first instance. The Board has no authority to
waive a requirement of the California Building Standards Code.
F. The Board must issue a written decision with findings within a reasonably prompt time after
filing of the appeal.
SECTION 3. Subdivision H of Section 8.24. 100 of Chapter 8.24 of Title 8 of the San
Bernardino Municipal Code is hereby amended to state as follows (omitted provisions not
amended represented by ellipses [... ]):
8.24.100 Construction and Demolition Debris Recycling Program
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H. Appeal.
Any appellant aggrieved by the decision of the City Manager relating to a Security Deposit under
Section 8.24.100(D) or Section 8.24.100(E) may appeal the decision to the hearing officer in the
manner provided in Chapter 9.94 of this Code.
SECTION 4. Various Sections of Chapter 8.30 of the San Bernardino Municipal Code
are hereby amended to state as follows (omitted provisions not amended represented by ellipses
I...)):
rG
Chapter 8.30
PUBLIC NUISANCES
Sections:
830.010 Purpose
8.30.015 Definitions
8.30.020 Declaration of nuisances
830.021 Summary/Emergency Abatement
8.30.022 Summary/Emergency Abatement Post -Abatement Hearing
8.30.023 Method of giving notice
8.30.025 Determination of nuisance
8.30.026 Additional Requirements for Demolition of Buildings or Structures
830.030 Appeal
8.30.035 Time limit for compliance
8.30.040 Abatement by City
8.30.041 Invoice of abatement costs
8.30.042 Recovery of attorneys' fees and report of attorneys' fees
830.043 Treble damages
8.30.045 Hearing on nuisance abatement costs
830.050 Council action
8.30.055 Imposition of special assessment lien and notice
8.30.056 Recording of nuisance abatement lien
8.30.060 Collection of costs and attorney' s fees prior to hearing
8.30.065 Alternative remedies
8.30.070 Violation - Penalty
8.30.015 Definitions
For the purpose of this Chapter the following words and phrases shall have the meanings
given herein:
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c) "Administrative Hearing Officer" or "Hearing Officer" shall mean any individual
appointed by the City Manager of the City of San Bernardino, or his/her designee, to hear the
appeal under this Chapter..
h) "Code Enforcement Director" shall mean the Chief of Police for the City of San
Bernardino, or his or her designee.
8.30.021 Summary/Emergency Abatement
Notwithstanding any other provision of this Chapter with reference to the abatement of
public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer,
Director of Public Works, Building Official, or their designees, shall have the authority to
immediately cause the abatement of any public nuisance if it is determined that the nuisance
presents an immediate threat to public health or safety, or an imminent hazard to real or personal
property, in their sole discretion. Any such abatement activity may be conducted without
observance of any notice requirements described in this chapter. The City is entitled to recover
all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this
chapter.
8.30.022 Summary/Emergency Abatement Post -Abatement Hearing
A. Within 10 business days, or as soon as reasonably possible under the circumstances,
following any summary abatement action by the City to abate an immediate threat to public
health or safety, or imminent hazard to real or personal property, the City must provide the
owner and any other responsible person with a "Notice of Summary Abatement."
B. The Notice of Summary Abatement shall be served in accordance with Section 8.30.023 of
this Chapter and contain the following information:
1) A brief description of the condition and reasons why it constituted an imminent threat or
hazard;
2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard;
3) A brief description of the actions the City took to abate the imminent threat or hazard;
and
4) An itemized invoice identifying all nuisance abatement costs related to the summary
abatement. The invoice shall further indicate that any unpaid amounts may become a lien
and special assessment against the property.
C. The City's determination that a public nuisance constituted an imminent threat or hazard may
be appealed as set forth in Section 8.30.030. The invoice of abatement costs may be appealed
as set forth in Section 8.30.045. Any party to whom an invoice has been issued shall have 45
calendar days from the date of the invoice to remit full payment of the invoice to the City. If
the owner or other responsible person fails to make timely, full payment of the abatement
costs within 45 days of issuance of the Notice of Summary Abatement or as ordered by the
hearing officer after any appeal, the City may then proceed to collect its abatement costs in
any manner allowed by law, including as set forth in Section 8.30.055.
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D. Omission of any of the foregoing provisions in a Notice of Summary Abatement, whether in
whole or in part, or the failure of an owner or responsible person to receive this document,
does not render it defective or render any proceeding or action pursuant to this chapter
invalid.
E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of
the Hearing Officer's decision shall be governed by California Code of Civil Procedure
Section 1094.6 or such section as may be amended from time to time.
8.30.026 Additional Requirements for Demolition of Buildings or Structures
A. Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by
demolition of a building or structure, the City must comply with the following additional
requirements:
1) The Notice to Abate must contain a statement that the City intends to abate the nuisance
with City personnel or contractors by demolition of a building or structure if the nuisance
conditions are not repaired, rehabilitated, removed, terminated, or demolished within the
compliance deadline set forth in the Notice to Abate.
2) The City shall serve the Notice to Abate on all secured lienholders of record with the San
Bernardino County Recorder's Office;
3) Entry onto any real property to abate a public nuisance by demolition of a building or
structure must be pursuant to a warrant or other order issued by a court of competent
jurisdiction
B. The provisions of this section do not apply in cases involving summary or emergency
abatement under Section 8.30.021 of this Code.
8.30.030 Appeal
A. Within ten days from the date of giving notice to abate, the violator may file an appeal to the
determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall
identify the property subject to the Notice to Abate. The City Clerk shall then cause the
matter to be set for hearing before a Hearing Officer contracted by the City to hear such
matters.
B. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no
sooner than fifteen days from the date when notice of the hearing is given to the appellant
and to the Code Enforcement Division.
C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of
all competent persons desiring to testify respecting the condition constituting the nuisance.
D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a
nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions
existing to be a nuisance and direct the person owning the property upon which the nuisance
exists to abate it within ten days after the date of posting on the premises a notice of the
Hearing Officer's order. The Hearing Officer may amend time to abate the nuisance, if in his
or her opinion, there exists good cause for the amendment of time to abate. If the City is the
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prevailing party, the Hearing Officer's decision shall order the responsible parties to pay the
confirmed nuisance abatement costs to the City within 30 calendar days, and shall specify
that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a
lien and special assessment against the property.
E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of
the Hearing Officer's decision shall be governed by California Code of Civil Procedure
Section 1094.6 or such section as may be amended from time to time.
830.035 Time limit for compliance
The violator must abate the nuisance within the period of time set forth in the Notice to
Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such
longer period as may be determined by the Administrative Hearing Officer.
Unless an emergency situation exists, the violator shall be given at least ten days to abate
the nuisance.
830.041 Invoice of abatement costs
A. In accordance with this Chapter, the City shall serve upon each responsible party and each
interested party an invoice identifying all nuisance abatement costs related to a nuisance
abatement action.
B. Any party to whom an invoice has been issued shall have 45 calendar days from the date of
the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the
City as specified in the invoice. The invoice shall further indicate that any unpaid amounts
may become a lien and special assessment against the property.
C. The statement shall be accompanied by a notice to the owner that the cost of abatement may
be protested as set forth in Section 8.30.045. If the cost is not protested within 15 calendar
days after service, it shall be deemed final.
8.30.045 Hearing on nuisance abatement costs
A. Any responsible party or interested party to whom an invoice has been issued may, within 15
calendar days from the date of the invoice, request a hearing to protest the cost of abatement
by filing a written request for a hearing on the abatement costs with the City Clerk. The
request for hearing must contain the following information:
1) The requestor's full legal name;
2) The requestor's mailing address and telephone number;
3) The amount of nuisance abatement costs disputed;
4) The specific legal and factual grounds for all disputes of the invoice and nuisance
abatement costs.
B. The failure of any party to properly and timely request a hearing is a waiver of the right to
contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative
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remedies, and a bar to any further challenge to the City's invoice and nuisance abatement
costs.
C. If a hearing is timely and properly requested, the City Clerk shall cause a Hearing to be set
before the Hearing Officer. The City shall provide notice of the date, time, and location of
the hearing to all parties at least 10 calendar days before the hearing. At the time fixed for the
hearing, the Hearing Officer shall hold an informal hearing to consider the invoice and
protests or objections raised by the requestor.
D. At the conclusion of the hearing, or within 5 days thereafter, the Hearing Officer shall issue a
decision approving, denying, or modifying the amount of the nuisance abatement costs that
the City is entitled to recover.
E. The decision of the Hearing Officer shall be in writing and shall be served by mail. The
decision of the Hearing Officer on the abatement costs shall be final. If any cost recovery is
upheld, even in part, the City shall be the prevailing party. If cost recovery is entirely denied,
the requesting parties shall be the prevailing parties.
F. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil
Procedure Section 1094.6 or such section as may be amended from time to time.
SECTION 5. Various Sections of Chapter 8.36 of Title 8 of the San Bernardino
Municipal Code are hereby amended to state as follows (omitted provisions not amended
represented by ellipses [... ]):
Chapter 8.36
ABANDONED VEHICLES
Sections:
8.36.010 Findings
8.36.020 Definitions
8.36.030 Applicability
8.36.040 Chapter not exclusive
8.36.050 Administration and enforcement
8.36.060 Rights of franchisee to enter private property
8.36.070 Assessment of administrative costs
8.36.080 Abatement authority
8.36.090 Ten-day notice required
8.36.100 Public hearing
8.36.110 Hearings to be held before hearing officer
8.36.120 Reserved]
8.36.130 Removal of vehicle to scrapyard
8.36.140 Notice to Department of Motor Vehicles of removed vehicles
8.36.150 Assessment of charges against land
8.36.160 Violation - Penalty
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8.36.090 Ten-day notice required
A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public
nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified
mail or registered mail, return receipt requested, to the owner of the land, as shown on the last
equalized assessment roll, and to the last registered owner and/or legal owner of record of the
vehicle, unless the vehicle is in such condition that identification numbers are not available to
determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land
must advise that failure to comply with the notice may result in abatement by the City, and costs
being assessed against the property. All notices must advise that an aggrieved parry may appeal
and describe the procedures for filing an appeal.
8.36.100 Public hearing
A. The owner of the vehicle or owner of the land that is the subject of a ten-day notice issued
under this Chapter may appeal the notice to a hearing officer in the manner provided in
Chapter 9.94 of this Code.
B. The appeal must be filed within 10 days following issuance of the ten-day notice. If such a
request for hearing is not received by the City within said ten days after mailing of the notice
of intention to abate and remove, the City shall have the authority to abate and remove the
vehicle or parts thereof as a public nuisance without holding a public hearing.
8.36.110 Hearings to be held before hearing officer
A. The hearing officer may impose such conditions and take such other action as the hearing
officer deems appropriate under the circumstances to cavy out the purpose of this Chapter.
The hearing officer may delay the time for removal of the vehicle or part thereof if, in the
hearing officer's opinion, the circumstances justify it. At the conclusion of the public
hearing, the hearing officer may find that a vehicle or part thereof has been abandoned,
wrecked, dismantled, or is inoperative on private or public property, and may order the same
removed from the property as a public nuisance and disposed of as hereinafter provided, and
may determine the administrative costs and the cost of removal to be charged against the
owner of the parcel of land on which the vehicle or part thereof is located. The order
requiring removal shall include a description of the vehicle or part thereof and the correct
identification number and license number of the vehicle if available at the site.
B. If it is determined at the hearing that the vehicle was placed on the land without the consent
of the land owner and that he has not subsequently acquiesced in its presence, the hearing
officer shall not assess costs of administration or removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect such costs from such
landowner.
C. The decision of the hearing officer in an appeal under Chapter 9.94 of this Code is final.
836.120 [Reserved]
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SECTION 6. Various Sections of Chapter 9.92 of Title 9 of the San Bernardino
Municipal Code are hereby amended to state as follows (omitted provisions not amended
represented by ellipses [... ]):
64
Chapter 9.92
ADMINISTRATIVE CITATION PROCESS
Sections:
9.92.010 Legislative Findings and Statement of Purpose
9.92.020 Administrative Law Officer
9.92.030 Use of Administrative Citation
9.92.040 Violation; Authority; Fines
9.92.050 Service Procedures
9.92.060 Contents of Citation
9.92.070 Satisfaction of the Administrative Citation
9.92.080 Request for Hearing on an Administrative Citation
9.92.090 Failure to Pay Fines
9.92.100 Publication and Availability of Rules and Regulations
9.92.110 Representation at Hearings
9.92.120 Conduct of Hearings
9.92.130 Orders
9.92.140 Disposition of Fines
9.92.150 Punishment of Violations by Imprisonment
9.92.160 Administrative Adjudication Procedures Not Exclusive
9.92.170 Applicability of Administrative Adjudication Procedures
9.92.180 Right to Judicial Review
9.92.190 Severability
9.92.090 Failure to Pay Fines
A. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this
Chapter on or before the date that fine is due is liable for the payment of any applicable
interest charges.
B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be
calculated on a prorated monthly basis from the date such obligation becomes delinquent to
the date it is paid.
C. The City may collect any delinquent administrative citation fines or interest charges by use of
all available legal means, including personal collection from the responsible parties.
D. The City also may recover all costs, expenses, and fees, including attorneys' fees, associated
with the assessment, enforcement, processing, and collection of the fines associated with the
administrative citation in accordance with the provisions of this Code.
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9.92.170 Applicability of Administrative Adjudication Procedures
A. Notwithstanding any other provision of the ordinances of the City or this Code, all provisions
of this Code or ordinances, may be enforced by instituting an administrative adjudication
hearing with the Administrative Law Officer as provided in this article.
B. Notwithstanding any other provision of the ordinances of the City or this Code, any
enforcement action, including but not limited to license or permit suspension or revocation,
which may be exercised by another department of the City may also be exercised by the
Administrative Law Officer as provided in this article.
9.92.180 Right to Judicial Review
Any decision of the Administrative Law Officer is final, subject to judicial review.
Within 20 days after service of the decision of the Administrative Law Officer upon the party to
the administrative adjudication hearing, that person may seek judicial review of the decision by
filing an appeal with the Superior Court of the State of California, in the County of San
Bernardino, in accordance with California Government Code section 53069.4. The appealing
party must serve upon the City Clerk, either in person or by first-class mail, a copy of the notice
of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer's
decision is deemed confirmed."
SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby
added to state in full as follows:
rc
Sections:
9.94.010
9.94.020
9.94.030
9.94.040
9.94.050
9.94.060
9.94.070
9.94.080
9.94.090
9.94.100
9.94.110
9.94.120
9.94.130
9.94.140
Chapter 9.94
ADMINISTRATIVE HEARINGS AND APPEALS
Definitions
Purpose and Intent
Scope
Hearing Officer—Selection and Qualifications
Powers and Duties of Hearing Officer
Right to Appeal; Consequence of an Untimely or Incomplete Appeal
Administrative Hearings—Notice Procedures
Administrative Hearings—Conduct of Hearing
Decision of the Hearing Officer
Methods of Service
Costs
Judicial Review
Limitation on Jurisdiction
Severability
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9.94.010 Definitions
The following definitions apply in the interpretation and enforcement of this Chapter.
A. "Action" means an act or decision by an administrative officer or administrative agency for
which a right to appeal under the provisions of this Chapter is granted in this Code.
B. "Administrative agency" means an organ of the city government other than the City Council
which under the direction of the City Manager has responsibility for carrying out or
enforcing the rules, regulations, and ordinances of the city, but not including boards and
commissions of the city.
C. "Administrative officer" means an officer of the city who is not a member of the legislative
body or appointed boards or commissions. Such officers include but are not limited to the
City Manager, chief of police, fire chief, director of planning and building, director of
transportation, director of public works, or similar officer.
D. "Aggrieved person" means any person whose personal, pecuniary or property right or interest
is directly and adversely affected, or upon whom a substantial burden or obligation is
imposed by the action or decision appealed from.
E. "Appellant" means any aggrieved person who files an appeal.
F. "Code" means the San Bernardino Municipal Code.
G. "Hearing officer" means any person duly qualified and authorized by this Chapter to hear and
review appeals under this Chapter.
H. "Respondent" means the administrative officer or agency which took the action appealed
from, and any other administrative officer or agency named as respondent in an appeal.
9.94.020 Purpose
It is the purpose and intent of the City Council to afford due process of law to any person
who is directly affected by an action or decision of an administrative agency or officer. These
procedures are also intended to establish a forum to efficiently and fairly resolve administrative
appeals.
9.94.030 Scope
The hearing officer hears appeals from actions taken by an administrative officer or
administrative agency when a right to appeal under the provisions of this Chapter is granted in
this Code. Except where this Code prescribes another procedure, the rules and procedures
pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under
this Chapter may be supplemented or modified as stated in the chapter that grants a right to
appeal under these provisions. The hearing officer has no authority to hear appeals of any action
taken by the City Council or any other board or commission of the City.
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9.94.040 Hearing Officer—Selection and Qualifications
A. The City Manager must establish procedures for the selection of a qualified person to
serve as hearing officer for each matter appealed under this Chapter. Hearing officers
must be selected in a manner that avoids the potential for pecuniary or other bias.
B. For purposes of this section, "qualified person" includes an individual with a background
in the practice of law or with a background in local governance, that is particularly
experienced or knowledgeable about the subject matter at issue, or that is otherwise
deemed qualified by the City Manager.
9.94.050 Powers and Duties of Hearing Officer
A. As provided by Section 9.94.030, the hearing officer hears all appeals in accordance with the
procedures contained in this Chapter or as supplemented or modified in the chapter granting
a right to appeal hereunder.
B. The hearing officer is authorized to issue decisions and take all actions necessary and proper
to carry out the functions of the hearing officer in this Chapter, including:
1) Hold conferences for settlement or simplification of the issues;
2) Administer oaths and affirmations;
3) Hear testimony;
4) Rule upon motions, objections, and the admissibility of evidence;
5) Preserve and authenticate the record of the hearing and all exhibits and evidence
introduced at the hearing;
6) Regulate the course of the hearing in accordance with this Chapter or other applicable
law; and
7) Issue a final order which includes findings of fact and conclusions of law.
C. The hearing officer may request information, services, facilities, or any other assistance for
the purpose of furthering the objectives of this Chapter.
D. At the hearing, the hearing officer must hear and consider the testimony of the appellant,
respondent, and their witnesses, as well as any documentary evidence presented by these
persons.
E. The hearing officer must ensure that parties receive a fair hearing and are afforded due
process in accordance with the applicable State and federal law governing such hearings.
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9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal
Except where this Code prescribes another procedure, the following hearing request procedures
apply to appeals under this Chapter.
A. Any aggrieved person may contest an action taken by an administrative officer of the City, as
provided in Section 9.94.030, by filing a written notice of appeal with the City Clerk within
15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must
also include payment to the City Clerk of the appeal fee, as established or amended from
time to time by resolution of the City Council.
B. The notice required by Subsection (A) must be filed no later than 15 days following the date
of mailing to appellant of notice of the action from which the appeal is taken or, if there is no
such mailing or none is required, no later than 15 days following the date of the action that is
the subject of the appeal.
C. A written notice of appeal must contain the following information:
1) The full name, mailing address, e-mail address, and telephone number of each appellant
who is appealing the action;
2) A description of the specific action or decision being appealed, including the date of the
action;
3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the
nature of the controversy; and
4) The signature of an appellant.
D. If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is
incomplete, or if the notice of appeal does not comply with all of the requirements set forth in
this section, the right to appeal the action is waived. In this event, the action is final and
binding. A failure to file a timely or proper notice of appeal also constitutes a failure to
exhaust administrative remedies.
9.94.070 Administrative Hearings—Notice Procedures
Except where this Code prescribes another procedure, the following hearing notice procedures
apply to appeals under this Chapter:
A. No hearing before a hearing officer under this Chapter may be scheduled or held unless a
timely and proper notice of appeal has been submitted to the City Clerk as set forth in
Section 9.94.060.
B. The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days
from receipt of the notice of appeal, unless the parties waive such time limits. The failure to
hold the hearing within this time period does not invalidate any action of the hearing officer.
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C. The City Clerk must provide a copy of the appeal to the respondent within five days after
filing.
D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the
date, time, and location of the hearing at least 15 days before the date of the hearing.
E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation
at issue or invalidate any action of the hearing officer, if the notice was given in the manner
stated in Subsection (D) of this Section.
F. The notice of hearing may be served by any of the methods of service listed in Section
9.94.100 of this Chapter.
G. Unless the notice of appeal names some other respondent, the administrative officer or
administrative agency that took the action or made the decision being appealed is designated
the "respondent."
9.94.080 Administrative Hearings—Conduct of Hearing
A. Participation. The hearing officer must be present at all times to preside over the hearing.
All hearings are open to the public. The respondent, or another City representative, is
required to participate in the hearing. The appellant is required to participate in the hearing.
B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and
cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules
of privilege are effective to the same extent that they are now or hereafter may be recognized
in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence
may be taken only on oath or affirmation. The appellant and respondent may represent
themselves or be represented by anyone of their choice.
C. Cross -Examination. No party shall have the right to cross-examine any other party or
witness except for good cause shown to the satisfaction of the hearing officer. Each party
may cross-examine witnesses.
D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at
his or her sole expense. The City may, at its discretion, record the hearing by stenographer,
court reporter, audio recording, or video recording.
E. Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to
compel the attendance of witnesses for the production of evidence by subpoenas issued under
the authority of the City Council and attested by the City Clerk. Subpoenas may also be
issued at the request of the parties prior to the commencement of such hearing. No subpoena
may be issued for any reason without the concurrence of the City Attorney that there is good
cause for such subpoena to be issued, and such subpoena is approved by the City Council. It
is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of
a person to attend or to testify in answer to such a subpoena subjects the person to
prosecution in the same manner set forth by law for failure to appear before the City Council
in response to a subpoena issued by the City Council.
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F. Proof. The standard of proof applicable to the hearing and to be used by the hearing officer
in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent
bears the burden of proof at the hearing. The hearing officer determines relevancy, weight,
and credibility of testimony and evidence.
G. Continuances. The hearing officer, before or during a hearing, may grant a request for a
continuance, in his or her discretion, for good cause; however, in no event may the hearing
be continued for more than 30 calendar days without stipulation by all parties.
H. Failure of Appellant to Appear. If the appellant fails to appear at the hearing, the hearing
officer may cancel the hearing and send a notice thereof to the appellant to the address stated
on the appeal form. A cancellation of a hearing due to non-appearance of the appellant
waives the right to appeal and is failure to exhaust all administrative remedies, provided that
proper notice of the hearing as required by this Chapter has been provided. In such instances,
the action is final and binding.
9.94.090 Decision of the Hearing Officer
A. The hearing officer must render his or her decision in accordance with the provisions of this
Chapter, applicable law, and all ordinances of this City.
B. The hearing officer's decision must be in writing and must set forth the hearing officer's
findings of fact and conclusions of law.
C. The hearing officer must render a decision within 15 days following the conclusion of the
hearing. Failure of the hearing officer to render a decision within this time period does not
invalidate any action of the hearing officer.
D. The hearing officer's decision must be served on all parties in accordance with Section
9.94.100. Failure of a person to receive a properly -served decision does not affect the finality
or effectiveness of the decision.
E. The hearing officer's decision is the final administrative decision of the City regarding the
action that is the subject of the appeal. The hearing officer's decision is effective on the date
of service of the decision. The decision must contain the following statement: "The decision
of the hearing officer is final and binding. Judicial review of this decision is subject to the
provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et
seq.
9.94.100 Methods of Service
A. Except where this Code prescribes another procedure, any notice or document required to be
served under this Chapter must be served by personal service or first-class mail.
B. Service is deemed effective on the date it is personally delivered or mailed.
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C. Failure of any person to receive a document properly served under this Chapter does not
affect the validity of the notice or document, service, or any action or proceeding under this
Chapter.
9.94.110 Costs
Nothing herein limits the City's ability to seek recovery of its costs or fees incurred in
connection with the hearing if authorized by law. The City shall keep an accounting of the
hearing costs. If any portion of the action is upheld, even in part, the City is the prevailing party.
9.94.120 Judicial Review
The decision of the hearing officer is not subject to appeal to the City Council or any
board or commission of the City. Once the hearing officer's decision becomes final as provided
in this Chapter, the appellant must both bring judicial action to contest such decision and provide
the City with a notice of the action within 90 days after the date of such decision of the hearing
officer, in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means
all objections to the hearing officer's decision are waived.
9.94.130 Limitation on Jurisdiction
The hearing officer shall not consider appeals of orders, decisions, and determinations of
the City of San Bernardino Building Official relating to the building standards of the California
Building Standards Code, which must be considered by the Building Appeals Board pursuant to
Section 2.45.030 of this Code.
9.94.140 Severability
The provisions of this Chapter are severable, and, if any sentence, section or other part of
this Chapter should be found to be invalid, such invalidity shall not affect the remaining
provisions, and the remaining provisions shall continue in full force and effect."
SECTION 8. Various Sections of Chapter 15.04 of Title 15 of the San Bernardino
Municipal Code are hereby amended to state as follows (omitted provisions not amended
represented by ellipses [...]):
Chapter 15.04
BUILDING CODES
Sections:
15.04.010 Citation
15.04.020 Adoption of Codes by Reference
15.04.030 Applicability
15.04.040 Definitions
15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of
Abandoned Work
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15.04.060 CBC Chapter 1, Section 112.1. 1 is added- Board of Appeals
Designated
15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended Fences Not
Requiring a Building Permit
15.04.080 [Reserved]
15.04.090 CBC Section 2204.1. 1 is added- Qualification of Welding Operators.
15.04.100 CBC Section 3109.1. 1 is added- Barriers for Swimming Pools
15.04.110 CBC Appendix J, Section J101 .3 is added - Alquist-Priolo
Earthquake Fault Zones
15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority
15.04.130 On-site Improvement Permit
15.04.140 Preparation of Grading Plans
15.04.150 On -Site Improvement Plans and Specifications
15.04.160 Information on On -Site Improvement Plans
15.04.170 On-site Improvement Plan Review and Permit Fees
15.04.180 Inspection of On -Site Improvements
15.04.190 Bonds Required
15.04.200 CBC Appendix J, Section J110.1 is added- Planting of Slopes
15.04.210 CBC Appendix J, Section J112 is added- Grading Operations
15.04.220 CBC Appendix J, Section J110.3 is added- Final Repots
15.04.230 Driveway Configurations
15.04.240 Location of Slopes
15.04.250 Automatic Fire Sprinkler Systems- Residential Additions
15.04.260 Stop Work Order
15.04.020 Adoption of Codes by Reference
A. Adoption of the California Building Standards Code by Reference
Those certain rules and regulations as set forth in the following codes are hereby adopted and
by this reference are made a part of this Code with the force and effect as though set out
herein in full, with the exception of those parts expressly excepted and deleted or as amended
by this Code, as the regulations governing the erection, construction, alteration, change of
occupancy, repair, removal, and maintenance of all buildings and other structures in the City:
The 2016 edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, incorporating those state adopted model codes listed
pursuant to Health and Safety Code Section 17922, and all state adopted amendments
thereon, and incorporating:
A. California Building Code (CBC), 2016 edition, and Appendix J thereto;
B. California Electrical Code (CEC), 2016 edition;
C. California Mechanical Code (CMC), 2016 edition;
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D. California Plumbing Code (CPC), 2016 edition;
E. California Green Building Standards Code (CGBSC), 2016 edition; and
F. California Residential Code (CRC), 2016 edition;
G. California Energy Code, 2016 edition;
H. California Historical Building Code, 2016 edition;
I. California Fire Code, 2016 edition;
J. California Existing Building Code, 2016 edition.
B. Adoption of Other Codes by Reference
In addition to the California Building Standards Codes, those certain rules and regulations, as
set forth in the following codes, and appendices are hereby adopted by reference and shall
regulate the erection, construction, change of occupancy, alteration, repair, removal and
maintenance of all buildings and other structures in the City:
1. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition;
2. International Property Maintenance Code (IPMC), 2015 edition
C. Copies of all Codes listed above shall be on file in the Community Development Department
Office for inspection and reference and copies of each code shall be furnished to the Building
Official and each deputy.
15.04.030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate,
remove, move or maintain any building or structure, or grade or alter any land, in the City in
violation of, or without complying with the appropriate provisions of this Chapter.
The California Building Standards Code shall govern and prevail in the event of any
inconsistency or conflict between the building standards within the California Building
Standards Code, as adopted and amended by the City, and the building standards in any other
code.
15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of
Abandoned Work
Section 105.5.1 Prima Facie Evidence of Abandoned Work
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Failure on the part of the permittee to obtain an inspection and to demonstrate substantial
progress to the satisfaction of the Building Official within any 365 day period shall be prima
facie evidence that the work has been abandoned and the permit shall have expired.
15.04.060 CBC Chapter 1, Section 113.1.1 is added Board of Appeals Designated
Section 113.1.1 Board of Appeals Designated
1. In order to hear and decide appeals of orders, decisions, or determinations made by the
Building Official relative to the application and interpretation of the building standards of
this code, the Building Appeals Board of the City of San Bernardino, established under
Chapter 2.45 of this Code, shall serve as the Board of Appeals. The Building Appeals
Board has such duties as are delegated to it by the California Building Standards Code and
Chapter 2.45 of the San Bernardino Municipal Code.
15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a
Building Permit
2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet
above grade. Masonry fences shall be constructed in accordance with the standard design
specifications approved by the Building Official, unless an alternate engineered design is
submitted and approved. Exemption from the permit requirements shall not be deemed as a
waiver of the design requirements contained in the San Bernardino Development Code as it
relates to the use or configuration of materials, or to the height of fences in front, side or
rear yards.
15.04.080 [Reserved]
15.04.120 CBC Appendix J, Section J101A is added - Enforcement Authority
J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her
designee shall have the authority for the enforcement of CBC Appendix J and any amendments
thereto.
SECTION 9. Chapter 15.05 of Title 15 of the San Bernardino Municipal Code is hereby
amended to state in full as follows:
Chapter 15.05
PROPERTY MAINTENANCE CODE
Sections:
15.05.010 Citation of Sections
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15.05.020 Section 102.3 amended
15.05.030 Section 103.1 amended
15.05.040 Section 104.3 amended
15.05.050 Section 106.4 amended
15.05.060 Section 107.1 amended
15.05.070 Section 111 amended
15.05.080 Section 112A amended
15.05.090 Section 201.3 amended
15.05.100 Section 302.4 amended
15.05.110 Section 302.9 amended
15.05.120 Section 304.3 amended
15.05.130 Section 304.14 amended
15.05.140 Section 304.18 amended
15.05.150 Section 307 amended
15.05.160 Section 401.3 amended
15.05.170 Section 502.5 amended
15.05.180 Section 505.1 amended
15.05.190 Section 602.2 amended
15.05.200 Section 602.3 amended
15.05.210 Section 602.4 amended
15.05.220 Section 604.2 amended
15.05.230 Section 604.3.1.1 amended
15.05.240 Section 604.3.2.1 amended
15.05.250 Section 702.1 amended
15.05.260 Section 702.2 amended
15.05.270 Section 702.3 amended
15.05.280 Section 704.1 amended
15.05.290 Section 704.2 amended
15.05.010 Citation of Sections
The provisions of this chapter amend the International Property Maintenance Code, 2015
Edition, published by the International Code Conference, as adopted by reference by the City in
Chapter 15.04 of this Code.
15.05.020 Section 102.3 amended
International Properly Maintenance Code Section 102.3 is amended to read as follows:
102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be
done in accordance with the procedures and provisions of the California Administrative Code,
California Building Code, California Energy Code, California Historical Building Code,
California Existing Building Code, California Fire Code, California Plumbing Code, California
Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to
cancel, modify or set aside any provision of the San Bernardino Municipal Code."
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15.05.030 Section 103.1 amended
International Property Maintenance Code Section 103. 1 is amended to read as follows:
103.1 "The Chief of Police or the Director of Community Development or their
authorized representatives shall be known as the code official as referenced in the International
Property Maintenance Code."
15.05.040 Section 104.3 amended
International Property Maintenance Code Section 104.3 is amended to add the following
phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et
seq. of the Code of Civil Procedure of the State of California."
15.05.050 Section 106A amended
International Property Maintenance Code Section 106.4 is amended to read as follows:
106.4 "Violation penalties. Any person violating any of the provisions of this title,
including, but not limited to, adopted model codes, as amended in this title, shall be subject to
the penalty provisions of Chapters 1. 12, 9.92 and 9.93 of the San Bernardino Municipal Code."
15.05.060 Section 107.1 amended
International Property Maintenance Code Section 107.1 is amended to read as follows:
107.1 "Notice to Person Responsible. Whenever the code official determines that there
has been a violation of this code or has grounds to believe that a violation has occurred, notice
shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided
by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation
as specified in this code. Notices for condemnation procedures shall also comply with Section
108.3."
15.05.070 Section 111 amended
International Property Maintenance Code Section 111 and subsections are amended to
read as follows:
111 "A party aggrieved by a notice or order issued under this code may appeal in the
manner set forth in Chapter 9.94 of the San Bernardino Municipal Code."
15.05.080 Section 112.4 amended
International Property Maintenance Code Section 112.4, Failure to comply, is amended to
read as follows:
112.4 Failure to Compl "Any person, firm or corporation who continues work on a building or
structure after a stop work order has been issued by any of the employees listed in [SBMC]
9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is
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directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less
than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each
day of the violation. Each day during any part of which the activity prohibited by subdivision
112. 1 of this section continues shall be a distinct and separate offense."
15.05.090 Section 201.3 amended
International Property Maintenance Code Section 201.3 is amended to read as follows:
201.3 Definitions. "Where terms are not defined in this code and are defined in the
California Administrative Code, California Building Code, California Residential Code,
California Green Building Standards Code, California Energy Code, California Historical
Building Code, California Existing Building Code, California Fire Code, California Plumbing
Code, California Mechanical Code, or California Electrical Code, or any code adopted by
reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the
meanings ascribed to them as stated in those codes."
15.05.100 Section 302.4 amended
International Property Maintenance Code Section 302.4, paragraph number one, is
amended to read as follows:
302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino
Municipal Code, Chapter 8.30, Abatement of Public Nuisances."
15.05.110 Section 302.9 amended
International Property Maintenance Code Section 302.9, defacement of property, is
deleted.
15.05.120 Section 304.3 amended
International Property Maintenance Code Section 304.3 is amended to read as follows:
304.3 Premises Identification "Premises identification shall be as set forth in the San
Bernardino Municipal Code sections 12.32.030 and/or 15.16.126."
15.05.130 Section 304.14 amended
International Property Maintenance Code Section 304.14 is deleted.
15.05.140 Section 304.18 amended
International Property Maintenance Code Section 304.18 is deleted.
15.05.150 Section 307 amended
International Property Maintenance Code Section 307, Handrails and guardrails, is
amended to read as follows:
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307 Handrails and Guardrails 'Every exterior and interior flight of stairs shall have a
handrail and guard per the requirements of the adopting code at the time the building was
permitted. Handrails and guardrails shall be maintained in a safe and useful condition."
15.05.160 Section 401.3 amended
International Property Maintenance Code Section 401. 3 is amended to read as follows:
401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein
prescribed, artificial light or mechanical ventilation complying with the California Building Code
or California Residential Code shall be permitted."
15.05.170 Section 502.5 amended
International Property Maintenance Code Section 502.5, Public toilet facilities, is
amended to read as follows:
502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary
and working condition in accordance with the California Plumbing Code. Except for periodic
maintenance or cleaning, public access and use shall be provided to the toilet facilities at all
times during occupancy of the premises."
15.05.180 Section 505.1 amended
International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections,
is amended to read as follows:
505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower,
drinking fountain, water closet or other plumbing fixture shall be properly connected to either a
public water system or to an approved private water system. All kitchen sinks, lavatories,
laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running
water in accordance with the California Plumbing Code."
15.05.190 Section 602.2 amended
International Property Maintenance Code Section 602.2, Heating Facilities, is amended to
read as follows:
602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human
occupancy shall be provided with permanently -installed heating facilities capable of maintaining
a room temperature of 68 degrees F (20 C) in all habitable rooms."
15.05.200 Section 602.3 amended
International Property Maintenance Code Section 602. 3, Heat supply, Exceptions #1 and
2 are deleted.
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15.05.210 Section 602.4 amended
International Property Maintenance Code Section 602.4, Occupiable work spaces, is
deleted.
15.05.220 Section 604.2 amended
International Property Maintenance Code Section 604.2, Service, is amended to read as
follows:
604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the California Electrical
Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single-phase
electrical service having a rating of not less than 60 amperes."
15.05.230 Section 604.3.1.1 amended
International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is
amended to read as follows:
604.3.1. 1 Electrical Eq"Electrical equipment. Electrical distribution equipment,
motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices,
ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case
circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling
and communication equipment that have been exposed to water shall be replaced in accordance
with the provisions of the California Electrical Code. The exception provisions of section
604.3.1.1 of the IPMC are hereby deleted."
15.05.240 Section 604.3.2.1 amended
International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is
amended to read as follows:
604.3.2.1 Electrical_ Equipgent "Electrical switches, receptacles and fixtures, including
furnace, waterheating, security system and power distribution circuits, that have been exposed to
fire, shall be replaced in accordance with the provisions of the California Building Code, or
California Electrical Code."
The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted.
15. 05.250 Section 702.1 amended
International Property Maintenance Code Section 702.1, General, is amended to read as
follows:
702.1 General "General. A safe, continuous and unobstructed path of travel shall be
provided from any point in a building or structure to the public way. Means of egress shall
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comply with the California Fire Code, California Residential Code, or the California Building
Code, whichever is more restrictive."
15.05.260 Section 702.2 amended
International Property Maintenance Code Section 702.2, Aisles, is amended to read as
follows:
702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire
Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is
more restrictive, shall be unobstructed."
15.05.270 Section 702.3 amended
International Property Maintenance Code Section 702.3, Locked doors, is amended to
read as follows:
702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable
from the side from which egress is to be made without the need for keys, special knowledge or
effort, except where the door hardware conforms to that permitted by the California Fire Code,
California Building Code, or California Residential Code, whichever is more restrictive."
15.05.280 Section 704.1 amended
International Property Maintenance Code Section 704.1, General, is amended to read as
follows:
704.1 Fire Protection Svstems "General. All systems, devices and equipment to detect a
fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be
maintained in an operable condition at all times in accordance with the California Fire Code."
15. 05.290 Section 704.2 amended
International Property Maintenance Code Section 704.2, Smoke alarms, is amended to
read as follows:
704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in
accordance with the California Fire Code, California Residential Code, or the California
Building Code, whichever is more restrictive.""
SECTION 10. Section 15.20.090 of Chapter 20 of Title 15 of the San Bernardino
Municipal Code is- hereby amended to state as follows (omitted provisions not amended
represented by ellipses
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15.20.090 Hearings
Any person aggrieved by the revocation of any certificate of occupancy by the Building
Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such
revocation is an administrative enforcement action. Any person aggrieved by the denial of a
certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45 of this
Code, as such denial is an order, decision, or determination of the Building Official relating to
the building standards of the California Building Standards Code.
SECTION 11. Various Sections of Chapter 15.28 of Title 15 of the San
Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not
amended represented by ellipses [... ]):
Sections:
15.28.010
15.28.020
15.28.030
15.28.040
15.28.050
15.28.060
15.28.070
15.28.080
15.28.090
15.28.100
15.28.110
15.28.120
15.28.130
15.28.140
15.28.150
15.28.160
15.28.170
15.28.180
15.28.190
15.28.200
15.28.210
15.28.220
Chapter 15.28
DANGEROUS BUILDINGS
Referenced Code
Uniform Code for the Abatement of Dangerous Buildings - Amended
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Securing dangerous buildings from entry
Recovery of costs of abatement of nuisance
Discontinuance of utilities
Filing of notice of pendency of administrative proceedings
Reserved]
Post -disaster Safety Assessment Placards
Section 103 amended
Section 205 amended
Section 301 amended
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15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended
Chapters 5, 6, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are
hereby deleted.
Procedures for appeals, hearings, enforcement of orders, and abatements related to the
administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30
of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of
the UCADB, enforcement of any notice and order of the building official is stayed during the
pendency of an appeal therefrom that is properly and timely filed.
15.28.140 Securing dangerous buildings from entry
A. The building official is authorized to secure from entry any structure that is ordered vacated
in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous
Buildings and where the building official determines, in his or her sole discretion, that
securing the structure is necessary to enforce the order to vacate. The enforcement official
may secure such structures using any method deemed appropriate under the circumstances in
his or her discretion.
B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the
Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate
without the express written consent of the City of San Bernardino Building Official is guilty
of a misdemeanor, which upon conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of the San Bernardino Municipal Code.
C. The building official's decision to secure a structure may be appealed in the same manner as
the issuance of the underling notice to vacate and as provided in Section 15.28.020.
15.28.150 Recovery of costs of abatement of nuisance
Any costs incurred by the City in connection with the enforcement of the Uniform Code for the
Abatement of Dangerous Buildings may be collected by the City according to the procedures
specified in Chapter 8.30 of the San Bernardino Municipal Code.
15.28.170 Filing of notice of pendency of administrative proceedings
At any time after the Building Official has initiated action to locate and serve the owners
with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of
Dangerous Buildings, the Building Official or the City Engineer may file with the county
recorder a notice of pendency of administrative proceedings which shall constitute notice to any
subsequent owner, purchaser, encumbrancer of the property described therein or involved in the
proceedings, beneficiary of a trust deed, penholder, mortgagee, or any other person holding or
claiming any interest of any kind in the property described therein who shall be bound by the
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administrative proceedings, including liability for all amounts and costs and expenses assessed
against the property as alien for abatement in the same manner as if he had been the owner at the
time of commencement of the proceedings and had been properly served at that time.
15.28.200 Section 103 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended
to read as follows:
All buildings or structures which are required to be repaired under the provisions of this
code shall be subject to the provisions of the California Building Standards Code promulgated by
the California Building Standards Commission in Title 24 of the California Code of Regulations,
as adopted and amended by the City of San Bernardino."
15.28.210 Section 205 amended
Section 205, of the Uniform Code for the Abatement of Dangerous Buildings is amended
by deleting the section.
15.28.220 Section 205 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended
to read as follows:
For the purpose of this code, certain terms, phrases, words, and their derivatives shall be
construed as specified in either this chapter or as specified in the International Building Code.
Where terms are not defined, they shall have their ordinary accepted meanings within the context
with which they are used. Words used in the singular include the plural and plural the singular.
Words used in the masculine gender include the feminine and the feminine the masculine.
BUILDING CODE is the California Building Code, as adopted and amended by the City of San
Bernardino.
DANGEROUS BUILDING is any building or structure deemed to be dangerous under the
provisions of Section 302 of this code.""
SECTION 12. All existing provisions of the San Bernardino Municipal Code that are
repeated herein are repeated only to aid decision -makers and the public in understanding the
effect of the proposed changes. Restatement of existing provisions does not constitute a new
enactment.
SECTION 13. Severability. If any provision of this Ordinance 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 Ordinance are declared to be severable.
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SECTION 14. The City Council finds this Ordinance 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 15. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 16. Notice of Adoption. The 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.
APPROVED and ADOPTED by the Citycil an -aligned by the Mayor and attested
by the City Clerk this
18th
day of September 2019/277 17'
Attest:
PCf - , ,,
Georgeann Han
T. MMC, City Clerk
approved as to form:
f ,
Gary D. aenz, City Attorney
John Valdivia, Mayor
City of San Bernardino
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Ordinance No. MC -1521
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 -1521, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 0 day of September 2019. Ordinance No. MC -1521
was approved, passed, and adopted at a regular meeting held the 18'h
day of September 2019 by
the following vote:
Council Members:
SANCHEZ
IBARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 18'' day of September
2019.
LGeorgeann lfan4a, MMC', City Clerk
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9. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
2019-1 (Maintenance Services): Annexation No. 49, Tax Zone No. 49 (Watt EV
Electric Truck Charging Facility at the intersection of W. Century Ave. and South
E St.) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2025-009 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be
proposed (Annexation No. 49) and authorizing the levy of a special taxes therein.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department:Economic Development
Subject:Resolution Declaring Intent to Annex Territory:
Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 49, Tax Zone No. 49 (Watt EV
Electric Truck Charging Facility at the intersection of W.
Century Ave. and South E St.) (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2025-009 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 49) and authorizing the levy of a special taxes therein.
Executive Summary
The recommended actions are the first step of the annexation process for the proposed
development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance
Services). The property owner has petitioned the City to annex into the City’s CFD to
mitigate its impacts for maintenance service of public facilities resulting from the new
development. The special taxes will be levied annually to offset general fund
expenditures related to maintenance of public improvements within and for the benefit
of the development.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81
establishing Community Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying
special taxes on parcels of taxable property to provide certain services which are
necessary to meet increased demands placed upon the City.
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On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services which are
necessary to meet increased demands placed by development upon the City.
Discussion
Development projects are subject to conditions of approval that require projects to
form/annex a maintenance district. These districts apply an annual fee or special tax
upon properties within the District which provide the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings
pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver"
form, which is on file in the City Clerk's office that authorizes the City to (1) hold the
election and declare election results; (2) shorten election time requirements; (3) waive
analysis and arguments; (4) waive all notice requirements relating to the conduct of the
election immediately following the public hearing.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
1. Public lighting and appurtenant facilities, including streetlights within public
rights-of-way and traffic signals; and
2. Maintenance of streets, including street sweeping, pavement management and
sidewalks; and
3. Maintenance of Trails; and
4. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract administration
and for the collection of reserve funds.
The proposed development includes approximately 4.09 gross acres of property zoned
Commercial General 1 (CG-1). The property is located at the intersection of W Century
Ave and South ”E“ Street. This development will include an electric truck charging and
leasing facility as a new Tax Zone No. 49 within CFD No. 2019-1, as shown in the
boundary map and included in the Resolution of Intention as Exhibit “D”. In order to
annex into CFD No. 2019-1, a Resolution of Intention to annex property must be
approved to identify the facilities to be maintained and establish the maximum special
tax for this Tax Zone. The Resolution of Intention shall also set the date and time for
the public hearing.
The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone
No. 49), is included as Exhibit “C” to the Resolution of Intention. The maximum annual
special tax for this development has been calculated to be $2,185 per acre for FY
2024/25. Special Tax rate is proposed to escalate each year at the greater of
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Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a
maintenance exhibit to illustrate which services are being maintained by the CFD.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area).
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
The individual property owners in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will
be an annual collection of special tax revenues of approximately $8,940 to be used to
pay for maintenance costs.
On June 1 of each year, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to buildout of the project, exceeds the special tax revenues available from parcels for
which building permits have been issued, then the special tax may also be applied to
property within recorded final subdivision maps, as well as other undeveloped property
within the boundaries of the CFD.
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for February 19, 2025.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with the annexation into the
CFD have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
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Resolution No. 2025-009 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 49) and authorizing the levy of a special taxes therein.
Attachments
Attachment 1 – Resolution of Intention No. 2025-009
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment
Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:
Third Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-
81, a Resolution of Intention to form Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing
Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted
declaring election results for Community Facilities District No. 2019-1; and first reading
of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District No. 2019-1.
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Resolution No. 2025-009
Resolution No. 2025-009
January 15, 2025
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RESOLUTION NO. 2025-009
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 49) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino
(the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the
landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2019-1 and consenting to the shortening of election time requirements,
waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot
relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners
have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD
No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it
proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the
Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor
and City Council determines that the public convenience and necessity require that such territory
be annexed to the Community Facilities District.
SECTION 2.Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
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Resolution No. 2025-009
Resolution No. 2025-009
January 15, 2025
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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 49, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4.Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the
City Clerk shall file the original of the Annexation map in his office and shall file a copy of the
Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days
prior to the date of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as
soon thereafter as practicable, on Wednesday, February 19, 2025, at the Bing Wong Auditorium
of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California,
92410, as the time and place when and where the Mayor and City Council will conduct a public
hearing on the proposed annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
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Resolution No. 2025-009
Resolution No. 2025-009
January 15, 2025
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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday February 19,
2025 to call the election on the annexation for the same date, pursuant to waiver of election time
limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail
to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full
text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet
mailed to each qualified elector. A copy of the waiver and consent form signed by the property
owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. 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 12. 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 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-009
Resolution No. 2025-009
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-009, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 49 is currently comprised of one (1) parcel, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Number (APN).
APN Owner Name
0141-252-08 City of Riverside
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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Community Facilities District No. 2019-1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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Community Facilities District No. 2019-1 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
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Community Facilities District No. 2019-1 (Maintenance Services)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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Community Facilities District No. 2019-1 (Maintenance Services)
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
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Community Facilities District No. 2019-1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
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Community Facilities District No. 2019-1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2024-25. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 49
0141-252-08
Item Description Estimated Cost
1 Lighting $1,795
2 Streets $4,647
3 Trails $245
4 Reserves $1,003
5 Admin $1,250
Total $8,940
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 49
FY 2024-25 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $2,185 $0
TAX ZONE 49
FY 2024-25 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,185 $0
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Community Facilities District No. 2019-1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax
B
Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020-21 $1,895 / Acre $528 /
Strata Palma, LLC
6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021-22 $2,913 / Acre $334 /
ICO Fund VI, LLC
8 9 LM 2019-021 2021-22 $815 / Acre $232 /
TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021-22 $490 / Acre $154 /
Central Commerce Center, LLC
10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP
17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC
22 23 TR 4592 2022-23 $847 / Acre $320 /
1300 E Highland Ave LLC
23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 /
Vone SB, LLC
24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC
25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al.
26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 /
SB Drake Central Avenue LLC
28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC
29 30 LL 2022-11 2022-23 $922 / Acre $372 /
CIVF VI – CA1W01, LLC
30 31 PM 20143 2022-23 $2,957 / Acre $1,855 /
California Cajun Properties LLC
31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co.
32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 /
Acre S.B. Universal Self Storage LLC
33 34 PM 20392 2023-24 $2,785 / Acre $158 /
GWS#7 Development, LLC
34 35 CUP 21-16 2023-24 $533 / Acre $193 /
Acre
MLG SB Land LLC &
Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC
36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC
37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC
38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California
Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP
40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC
41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC
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Community Facilities District No. 2019-1 (Maintenance Services)
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax
B
Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC
44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC
45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC
46 46 To be determined
47 47 PM 17772 2024-25 $5,635 / Acre $0 / Acre CVP Hospitality CA, LLC
48 48 1199-671-13 2024-25 $247 / RU $0 / RU Piedmont Venture I, LLC
49 49 0141-252-08 2024-25 $2,185 / Acre $0 / Acre City of Riverside
50 50 CUP 23-06 2024-25 $17,481 / Acre $0 / Acre Gateway SB, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
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EXHIBIT D
SHEET 1 OF 1 SHEETANNEXATION MAP NO. 49
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.
NUMBER
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO COUNTY
BY:________________________________
DEPUTY RECORDER
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT
ON THE ____ DAY OF ____________________,
A REGULAR MEETING THEREOF, HELD
20 ____.
BY ITS RESOLUTION NO. ____________________
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
49FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF
________, 20 ____.§¦215 0141-252-08
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
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TAX ZONE 49§¦215_ANNEXATION AREA BOUNDARY
PARCEL LINE
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CITY BOUNDARY
XXXX-XXX-XX
49
ASSESSOR PARCEL NUMBER
TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND
INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL
REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2024-25.
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EXHIBIT E
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Packet Page 000273
INSERT EXHIBIT A: BOUNDARY DES CRIP TION
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INSERT EXHIBIT B: TRACT/P ARCEL/S UBDIVIS ION MAP
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Packet Page 000280
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EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 49)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on January 15, 2025
adopted its Resolution No. 2025-___, in which it declared its intention to annex territory to existing
Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a
special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.
The resolution describes the territory to be annexed and describes the rate and method of apportionment
of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 5:00 p.m., or as soon thereafter as
practicable, Wednesday, February 19, 2025 at the Bing Wong Auditorium of the Norman F. Feldheym
Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the
City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing,
the testimony of all interest persons for or against the annexation of the territory or the levying of the special
taxes will be heard. If and to the extent participation in the February 19, 2025 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2025 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2025
Packet Page 000282
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 49
(February 19, 2025)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
City of Riverside 4.09 5
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 5, 2025, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on February 19,
2025, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on February 19, 2025.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page 000283
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
City of Riverside
Attn: Mike Futrell
3900 Main Street
Riverside, CA 92522
0141-252-08
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an
annual basis at the rate set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $2,185
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special
Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain
services within the territory identified on the map entitled “Annexation Map No. 49 of
Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino”
including lighting, streets, and trails as provided in the Rate and Method of Apportionment
(including incidental expenses) which is attached as Exhibit C to Resolution No. 2025-__
adopted by the City Council of the City of San Bernardino on January 15, 2025, and shall an
appropriation limit be established for the Community Facilities District No. 2019-1
(Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Mike Futrell
City Manager
Signature
Print Name
Title
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EXHIBIT H
Packet Page 000285
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CFD NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 49
PROJECT MAP
Packet Page 000286
10. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
2019-1 (Maintenance Services): Annexation No. 50, Tax Zone No. 50 (Chipotle
located at the northeast corner of G St and 5th St) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2025-010 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be
proposed (Annexation No. 50) and authorizing the levy of a special taxes therein.
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2
4
6
2
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department:Economic Development
Subject:Resolution Declaring Intent to Annex Territory:
Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 50, Tax Zone No. 50 (Chipotle
located at the northeast corner of G St and 5th St) (Ward
1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2025-010 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 50) and authorizing the levy of a special taxes therein.
Executive Summary
The recommended actions are the first step of the annexation process for the proposed
development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance
Services). The property owner has petitioned the City to annex into the City’s CFD to
mitigate its impacts for maintenance service of public facilities resulting from the new
development. The special taxes will be levied annually to offset general fund
expenditures related to maintenance of public improvements within and for the benefit
of the development.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81
establishing Community Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying
special taxes on parcels of taxable property to provide certain services which are
necessary to meet increased demands placed upon the City.
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On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services which are
necessary to meet increased demands placed by development upon the City.
Discussion
Development projects are subject to conditions of approval that require projects to
form/annex a maintenance district. These districts apply an annual fee or special tax
upon properties within the District which provide the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings
pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver"
form, which is on file in the City Clerk's office that authorizes the City to (1) hold the
election and declare election results; (2) shorten election time requirements; (3) waive
analysis and arguments; (4) waive all notice requirements relating to the conduct of the
election immediately following the public hearing.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
1. Maintenance of landscaping and other public improvements installed within the
public rights-of-way; and
2. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
3. Maintenance of streets, including street sweeping, pavement management and
sidewalks; and
4. Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities; and
5. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract administration
and for the collection of reserve funds.
The proposed development includes approximately 0.55 gross acres and is zoned
Commercial Regional - 2 (CR-2). The property is located at the northeast corner of G
Street and 5th Street. This development will include a drive-thru Chipotle restaurant as
a new Tax Zone No. 50 within CFD No. 2019-1, as shown in the boundary map and
included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No.
2019-1, a Resolution of Intention to annex property must be approved to identify the
facilities to be maintained and establish the maximum special tax for this Tax Zone.
The Resolution of Intention shall also set the date and time for the public hearing.
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The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone
No. 50), is included as Exhibit “C” to the Resolution of Intention. The maximum annual
special tax for this development has been calculated to be $17,827 per acre for FY
2024/25. Special Tax rate is proposed to escalate each year at the greater of
Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a
maintenance exhibit to illustrate which services are being maintained by the CFD.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area).
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
The individual property owners in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will
be an annual collection of special tax revenues of approximately $9,830 to be used to
pay for maintenance costs.
On June 1 of each year, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to buildout of the project, exceeds the special tax revenues available from parcels for
which building permits have been issued, then the special tax may also be applied to
property within recorded final subdivision maps, as well as other undeveloped property
within the boundaries of the CFD.
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for February 19, 2025.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD
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have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2025-010 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 50) and authorizing the levy of a special taxes therein.
Attachments
Attachment 1 – Resolution of Intention No. 2025-010
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment
Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-
81, a Resolution of Intention to form Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing
Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted
declaring election results for Community Facilities District No. 2019-1; and first reading
of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District No. 2019-1.
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Resolution No. 2025-010
Resolution No. 2025-010
January 15, 2025
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RESOLUTION NO. 2025-010
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 50) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino
(the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the
landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2019-1 and consenting to the shortening of election time requirements,
waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot
relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners
have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD
No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it
proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the
Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor
and City Council determines that the public convenience and necessity require that such territory
be annexed to the Community Facilities District.
SECTION 2.Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
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Resolution No. 2025-010
Resolution No. 2025-010
January 15, 2025
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(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 50, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4.Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the
City Clerk shall file the original of the Annexation map in his office and shall file a copy of the
Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days
prior to the date of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as
soon thereafter as practicable, on Wednesday, February 19, 2025, at the Bing Wong Auditorium
of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California,
92410, as the time and place when and where the Mayor and City Council will conduct a public
hearing on the proposed annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday February 19,
2025 to call the election on the annexation for the same date, pursuant to waiver of election time
Packet Page 000293
Resolution No. 2025-010
Resolution No. 2025-010
January 15, 2025
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limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail
to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full
text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet
mailed to each qualified elector. A copy of the waiver and consent form signed by the property
owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. 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 12. 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 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page 000294
Resolution No. 2025-010
Resolution No. 2025-010
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-010, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
Packet Page 000295
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 50 is currently comprised of two (2) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Number (APNs).
APNs Owner Name
0134-061-21 Gateway SB, LLC
0134-061-35 Gateway SB, LLC
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof
associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any
other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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Community Facilities District No. 2019‐1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non‐Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.
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“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non‐residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi‐Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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Community Facilities District No. 2019‐1 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non‐Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi‐Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi‐family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s
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Community Facilities District No. 2019‐1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
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Community Facilities District No. 2019‐1 (Maintenance Services)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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Community Facilities District No. 2019‐1 (Maintenance Services)
Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
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Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2024‐25. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019‐1.
TAX ZONE 50
CUP 23‐06
Item Description Estimated Cost
1 Landscaping $660
2 Lighting $3,250
3 Streets $2,504
4 Drainage $1,047
5 Reserves $1,119
6 Admin $1,250
Total $9,830
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 50
FY 2024‐25 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $17,827 $0
TAX ZONE 50
FY 2024‐25 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $17,827 $0
Packet Page 000308
City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP
17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 22 LM 2021‐013 2022‐23 $807 / Acre $0 / Acre SBABP IV, LLC
22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC
24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC
25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al.
26 To Be Determined
27 28 PM 20320 2022‐23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC
28 29 TR 17329 2023‐24 $595 / RU $0 / RU Verdemont Ranch 20, LLC
29 30 LL 2022‐11 2022‐23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC
30 31 PM 20143 2022‐23 $2,957 / Acre $1,855 / California Cajun Properties LLC
31 32 PM 20334 2023‐24 $358 / Acre $94 / Acre Elliott Precision Block Co.
32 33 PM 3613,
4230 & 4250 2022‐23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC
33 34 PM 20392 2023‐24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC
34 35 CUP 21‐16 2023‐24 $533 / Acre $193 / Acre MLG SB Land LLC &
Grandfather’s Land Holdings LLC
35 36 CUP 22‐03 2023‐24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC
36 37 LM 2022‐007 2023‐24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC
37 38 TR 18895 2023‐24 $706 / RU $0 / Acre MV RE Holdings LLC
38 39 LLA 2023‐008 2023‐24 $3,081 / Acre $0 / Acre In‐N‐Out Burgers, a California
Corporation
39 40 LM 2022‐19 2023‐24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP
40 41 LLA 2023‐010 2023‐24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC
41 42 PM 20216 2023‐24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC
Packet Page 000309
City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
43 43 PM 20527 2023‐24 $7,172 / Acre $0 / Acre Gateway SB LLC
44 44 PM 18704 2023‐24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC
45 45 PM 20412 2023‐24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC
46 46 To be determined
47 47 PM 17772 2024‐25 $5,635 / Acre $0 / Acre CVP Hospitality CA LLC
48 48 1199‐671‐13 2024‐25 $247 / RU $0 / RU Piedmont Venture I, LLC
49 49 0141‐252‐08 2024‐25 $2,185 / Acre $0 / Acre City of Riverside
50 50 CUP 23‐06 2024‐25 $17,827 / Acre $0 / Acre Gateway SB, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange
County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
Packet Page 000310
City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any
portions adjacent to the properties within CFD No. 2019‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the
benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019‐1 before CFD No. 2019‐1 was created.
Packet Page 000311
City of San Bernardino 15
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
Packet Page 000312
EXHIBIT D
SHEET 1 OF 1 SHEETANNEXATION MAP NO. 50
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.
NUMBER
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO COUNTY
BY:________________________________
DEPUTY RECORDER
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT
ON THE ____ DAY OF ____________________,
A REGULAR MEETING THEREOF, HELD
20 ____.
BY ITS RESOLUTION NO. ____________________
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
50FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF
________, 20 ____.0134-061-35
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
þ
18 þ
330
¤
66
þ
210þ
259¤
66 CFD 2019-1
TAX ZONE 50_¤
66 LEGEND§¦
215 ANNEXATION AREA BOUNDARY
PARCEL LINE
þ
38§¦
10
CITY BOUNDARY
XXXX-XXX-XX
50
ASSESSOR PARCEL NUMBER
TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND
INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL
REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2024-25.
Packet Page 000313
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1.The undersigned requests that the City Council of the City of San Bernardino (the "City"),
initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act")
(Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) (the "Community Facilities District") of the property described below and consents to the
annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities
district.
2.The undersigned requests that the community facilities district provide any services that are
permitted under the Act including, but not limited to, all necessary service, operations, administration and
maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground
cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry
monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and
satisfactory working condition.
3.The undersigned hereby certifies that as of the date indicated opposite its signature, it is the
owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit
A hereto and as shown on the map Exhibit B hereto.
4.The undersigned requests that a special election be held under the Act to authorize the special
taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the
ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered
ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and
the undersigned request that the results of said election be canvassed and reported to the City Council at the same
meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next
available meeting.
5.Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all
applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the
special election, and consents to not having such materials provided to the landowner in the ballot packet, and
expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice
requirements relating to hearings and special elections (except for published notices required by the Act), and whether
such requirements are found in the California Elections Code, the California Government Code or other laws or
procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of
the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant
to Sections 1324 7 and 9051 of the Elections Code.
6.The undersigned hereby acknowledges and agrees that the measure submitted in connection
with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether
or not the Community Facilities District should be authorized to levy a special tax in order to finance services (the
EXHIBIT E
Packet Page 000314
10 December 24
Packet Page 000315
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 50)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on January 15, 2025
adopted its Resolution No. 2025-___, in which it declared its intention to annex territory to existing
Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a
special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.
The resolution describes the territory to be annexed and describes the rate and method of apportionment
of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 5:00 p.m., or as soon thereafter as
practicable, Wednesday, February 19, 2025 at the Bing Wong Auditorium of the Norman F. Feldheym
Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the
City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing,
the testimony of all interest persons for or against the annexation of the territory or the levying of the special
taxes will be heard. If and to the extent participation in the February 19, 2025 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2025 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2025
Packet Page 000316
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 50
(February 19, 2025)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Gateway SB, LLC 0.55 1
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 5, 2025, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on February 19,
2025, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on February 19, 2025.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page 000317
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Gateway SB, LLC
Attn: Jian Torkan
4221 Wilshire Bvd. Suite 380
Los Angeles, CA 90010
0134-061-21, 0134-061-35
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an
annual basis at the rate set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $17,827
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special
Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain
services within the territory identified on the map entitled “Annexation Map No. 50 of
Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino”
including landscaping, lighting, streets, and drainage as provided in the Rate and Method of
Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution
No. 2025-__ adopted by the City Council of the City of San Bernardino on January 15, 2025,
and shall an appropriation limit be established for the Community Facilities District No. 2019-
1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Jian Torkan
Manager
Signature
Print Name
Title
Packet Page 000318
CFD MAINTANCE AREA
SYMBOL DESCRIPTION
QTYSIDEWALK
STREET
2,591 sf = 0.060 AC
12,068 sf = 0.28 AC
154 sf
DRAIN OUTLETSTREET FRONTAGE 321 lf
479 sf46 sf
Packet Page 000319
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CFD NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 50
PROJECT MAP
Packet Page 000320
11. Resolution Updating the Computershare Debt Trustee Services Signature
Authority (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2025-011 updating the City’s bank and debt trustee
account signature authority for Computershare Trust Company.
Packet Page 000321
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 18, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Jeannie Fortune, Interim Director of Finance and Management
Services
Department:Finance
Subject:Resolution Updating the Computershare Debt Trustee
Services Signature Authority (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2025-011 updating the City’s bank and debt trustee
account signature authority for Computershare Trust Company.
Executive Summary
The City of San Bernardino conducts its day-to-day banking operations through several
different institutions. For each of these institutions, the City must authorize who is
authorized to sign on the City’s behalf. Whenever there is a change to staff that is
authorized, whether that be due to staff leaving or additional staff being added to the
list of authorized individuals; staff must request council action to adopt an updated
resolution. The same is true if there is a change to the institutions that the City conducts
its business with. Although there have been no recent organizational changes in the
City’s personnel and organizational structure, the City will be adding Computershare
Trust Company to its list of institutions.
For consistency and transparency, City staff will be providing updated signing authority
resolutions to City Council in July of each fiscal year for all the City’s banking
institutions.
Background
The City and Successor Agency must update bank and investment account signature
authorizations on file with the various financial institutions that hold City and Successor
Agency funds as personnel and organizational changes occur.
Packet Page 000322
Most banking institutions require approval from the organizations’ governing body
through the adoption of a resolution and/or minutes from the meeting showing adoption
and approval.
The City and Successor Agency have cash, investments, and other funds required to
be held by fiscal agents in the following institutions:
1. Wells Fargo Bank, City;
2. Wells Fargo Bank, Successor Agency;
3. U.S. Bank, City;
4. U.S. Bank, Successor Agency;
5. BNY (Bank of New York) Mellon, City;
6. BNY (Bank of New York) Mellon, Successor Agency;
7. Citizens Business Bank, Successor Agency; and
8. Local Agency Investment Fund (LAIF), City - this program offers local agencies to
participate in a major portfolio through the State Treasurer’s Office.
9. Authorized Brokers or Dealers for the City and Successor Agency
The authorized signatories for the items listed above were approved at the regular
council meeting on June 5, 2024.
Discussion
The attached Resolution is being added to authorize signatories for Computershare
debt trustee services.
Wells Fargo Bank entered into a definitive agreement with Computershare Trust
Company, National Association (“Computershare Trust Company”), Computershare
Delaware Trust Company, National Association and Computershare Limited
(collectively, “Computershare”) to sell substantially all of its Corporate Trust Services
(“CTS”) business. The sale to Computershare, and virtually all CTS employees of Wells
Fargo Bank, along with most existing CTS systems, technology, and offices transferred
to Computershare as part of the sale. This included the City’s debt service obligation
bonds for: Pension Obligation bond 2020 Series, and San Bernardino Development
Authority HUD Section 108 Loan.
Following approval by the Mayor and City Council of the City of San Bernardino,
California, staff will forward the appropriate resolution to the affected banking
institution.
In addition, as stated in the City’s current Investment Policy, the Director of Finance is
charged with responsibility of carrying out all investment actions, which may include
day-to-day investment activities or the utilization of external investment advisor
services to assist with the investment program.
For consistency and transparency, City staff will be providing updated signing authority
resolutions to City Council in July of each fiscal year for all the City’s banking
Packet Page 000323
institutions, in addition to any changes that may occur during the fiscal year.
2021-2025 Strategic Targets and Goals
Approval of the aforementioned resolution align with Key Target No. 1: Financial
Stability by ensuring that the financial and administrative requirements to continue day-
to-day operations in the Finance department are completed and kept up to date.
Fiscal Impact
There is no fiscal impact associated with adopting the attached Resolution.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt the attached Resolution updating the City’s Debt trustee accounts
signature authority.
Attachments
Attachment 1- Resolution 2025-011 Computershare Trust Company
Ward:
All Wards
Synopsis of Previous Council Actions:
06-05-2024 City Council approved Bank signatories of existing personnel at the
time.
05-01-2024 City Council approved Bank signatories of existing personnel at the
time.
11-01-2023: City Council approved Bank signatories of existing personnel at the
time.
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Resolution No. 2025-011
Resolution 2025-011
January 15, 2025
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RESOLUTION NO. 2025-011
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR COMPUTERSHARE TRUST
COMPANY DEBT TRUSTEE SERVICES
WHEREAS, the City of San Bernardino is a municipal corporation established under the
laws of the State of California; and
WHEREAS, Wells Fargo Bank entered into a definitive agreement with Computershare
Trust Company, National Association (“Computershare Trust Company”), Computershare Delaware
Trust Company, National Association and Computershare Limited (collectively, “Computershare”)
to sell substantially all of its Corporate Trust Services (“CTS”) business. The sale to Computershare,
and virtually all CTS employees of Wells Fargo Bank, along with most existing CTS systems,
technology, and offices transferred to Computershare as part of the sale; and
WHEREAS, The City pays its debt service obligation bonds for: Pension Obligation bond
2020 Series, and San Bernardino Development Authority HUD Section 108 Loan through
Computershare; and
WHEREAS, the City of San Bernardino has added Computershare Trust Company to the
list of institutions that require authorized signatures and will need to update its signatories periodically
with Computershare due to changes in City staff or changes in staff duties and responsibilities; and
WHEREAS, the City of San Bernardino designates the Acting City Manager, Deputy City
Manager, Interim Director of Finance and Management Services, and Director of Human Resources
as authorized signers for Computershare debt trustee services; and
WHEREAS, Computershare Trust Company requires the City of San Bernardino to adopt
a corporate resolution and authorization to designate authorized signers on bank accounts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City
of San Bernardino with Computershare Trust Company are hereby revoked.
SECTION 3. The authorized account signers on Computershare Trust Company debt trustee
services are as follows:
Position Individual Name
Acting City Manager Rochelle Clayton
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
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Resolution No. 2025-011
Resolution 2025-011
January 15, 2025
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Director of Human Resources Andrea Russell
SECTION 4. Interest payments, withdrawals, and matured investments may only be
transferred to an account of the City or paid by written demand to the City
SECTION 5. That the Mayor and City Council of the City of San Bernardino finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty, as in this case, that there
is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-011
Resolution 2025-011
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-011, adopted at a regular meeting held on the 15th day of January, 2025 by the
following vote:
Council Members:AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this day of
2025.
Genoveva Rocha, CMC, City Clerk
Packet Page 000327
12. Investment Portfolio Report for October 2024 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for October 2024.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance and Management
Services
Department:Finance
Subject:Investment Portfolio Report for October 2024 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for October 2024.
Executive Summary
This action is to approve the Investment Portfolio for the month of October 2024. This
is regular business of the Mayor and City Council ensuring that City investments are in
compliance with the Mayor and Council approved Investment Policy.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. Section III, Chapter
N of the City’s approved 2023-24 Investment Policy reads as follows, “The Director of
Finance shall submit to the City Council, on a monthly basis, a report summarizing the
individual transactions executed within the month.” The Director of Finance will
prepare, review, and present the City’s Investment Portfolio Report and confirm that
the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s
investment portfolio for the month ended October 31, 2024.
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The City’s Investment Portfolio is in full compliance with the City’s current Investment
Policy and California Government Code section 53601, and there is sufficient cash flow
from a combination of liquid and maturing securities, bank deposits, and income to
meet the City’s expenditure requirements.
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Target No. 1: Improved Operational & Financial Capacity by implementing,
maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment
report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for October 2024.
Attachments
Attachment 1 Investment Portfolio Management Summary Report, Oct 2024.
Attachment 2 FY2023-24 Adopted Investment Policy
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Packet Page 000343
CITY OF
SAN BERNARDINO
Investment Policy
Fiscal Year 2023-24
Adopted August 2, 2023
Barbara Whitehorn
Agency Director of Administrative Services
C.Jeannie Fortune
Deputy Director of Finance
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Exhibit A
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I. PURPOSE
To establish guidelines for the prudent investment of public funds in a manner that will
protect City funds, meet daily cash flow expenditures, and comply with all federal, state,
and local laws and ordinances governing the investment of public funds.
II. POLICY & ADOPTION
t shall be the policy of the City of San Bernardino to annually review and adopt an
Investment Policy by resolution of the City Council. This Policy applies to all financial
assets and funds held by the City of San Bernardino and the Successor Agency to the San
Bernardino Redevelopment Agency. The funds covered by this policy include:
*General Fund
*Special Revenue Funds
*Capital Project Funds
*Proprietary Funds
*Other funds that may be created
Any modifications to the Policy must be approved by the City Council.
III. PROCEDURES
The Director of Finance shall annually review the City’s Investment Policy, and incorporate
any changes in state law, recommendations from the City’s Investment Advisor,
recommendations from the various national and state organizations of municipal finance
officers, or other changes recommended by City staff. The revised Investment Policy shall
be presented to the Finance Committee and the City Council for review and approval.
(A) Responsibilities
No person may engage in investment activities except as provided under the terms of
this Policy and the procedures established by the Director of Finance.
1. Responsibilities of the City Council
The City Council shall annually consider and adopt a written Investment Policy.
As provided in this Policy, the Council shall receive monthly Investment
Reports.
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Exhibit A
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2. Responsibilities of the Director of Finance
The Director of Finance is appointed by and serves at the pleasure of the City
Manager and is subject to his/her direction and supervision. The Director of
Finance is charged with responsibility for the conduct of all Finance
Department operations. The City Charter places the “City Treasurer”
responsibilities amongst the duties of the Director of Finance. That individual
is charged with responsibility for carrying out all investment actions. He/she
may delegate the day-to-day investment activities to their designee(s) but not
the responsibility for the overall investment program. If authorized by the City
Council, the Director of Finance may also utilize the services of an external
investment advisor to assist with the investment program.
The Director of Finance, through supporting staff members, is responsible to
manage all public funds and securities belonging to or under the control of the
City and the Successor Agency, including the deposit and investment of those
funds in accordance with principles of sound treasury management and
applicable laws and ordinances. Appropriate internal controls designed to
ensure that assets of the City are protected from loss, theft, or misuse,
including but not limited to separation of duties and multiple approvers for
transactions, shall be maintained at all times in order to safeguard the City’s
assets.
3. Responsibilities of the City’s Investment Advisor (if applicable)
The City may engage in the services of outside professionals for evaluation and
advice regarding the City’s investment program. An authorized Investment
Advisor may provide investment management services, which may also
include facilitating trade executions under the direction of the Director of
Finance or designee. Any Investment Advisor shall be registered by the
Securities and Exchange Commission and licensed to do business in the State
of California. An authorized Investment Advisor shall invest the City’s funds in
investments that are in compliance with this policy and provide accurate and
timely reports of its investment activities to City staff. The Investment Advisor
shall never take possession of the City’s funds or assets.
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Exhibit A
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4. Internal Controls
The Director of Finance is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the City are
protected from loss, theft, fraud or misuse.
The City’s external independent auditing firm shall perform an annual analysis
and review of internal controls, account activity and compliance with policies
and procedures.
(B) Prudent Investor Rule
The standard of prudence to be used by the Director of Finance shall be the
“prudent investor” standard. This shall be applied in the context of managing an
overall portfolio.
The “Prudent Investor Rule” provides, pursuant to California Government Code
Section 53600.3, that investments shall be made with judgment and care—under
circumstances then prevailing—which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not for speculation,
but for investment, considering the probable safety of their capital as well as the
probable income to be derived. The Director of Finance and any designee of the
Director of Finance, as investment officers acting in accordance with written
procedures and the investment policy and exercising due diligence, shall be
relieved of personal responsibility for an individual security’s credit risk or market
price changes, provided deviations from expectations are reported to the City
Council in a timely fashion and appropriate action is taken to control adverse
developments.
(C) Ethics and Conflicts of Interest
In addition to state and local statutes relating to conflicts of interest, all persons
involved in the investment process shall refrain from personal business activity
that conflicts with proper execution of the investment program or impairs their
ability to make impartial investment decisions. Employees and investment
officers are required to annually file applicable financial disclosures as required
for “public officials who manage public investments” by the Fair Political Practices
Commission (FPPC) and are subject to California law relative to conflicts of
interest.
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Exhibit A
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(D) Level of Investment
The City strives to maintain the level of investment of all investable cash as near
to 100 percent as possible through current and projected cash flow management.
The Director of Finance shall maintain a system to monitor and forecast revenues
and expenditures so that City funds can be invested to the fullest extent possible
while providing sufficient liquidity to meet the City’s reasonably anticipated cash
flow requirements. Maturities of investments will be selected to provide
necessary liquidity, manage interest rate risk, and optimize earnings. Because of
inherent difficulties in accurately forecasting cash flow requirements, a portion of
the portfolio should be continuously invested in readily available funds.
(E) Investment Objectives
The City seeks safety and liquidity in all of its investments followed by yield. Safety,
liquidity, and yield are defined as follows:
1.Safety. Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall portfolio.
2.Liquidity. The investment portfolio shall remain sufficiently liquid to meet
operating requirements that may be reasonably anticipated. This is
accomplished by structuring the portfolio so that securities mature
concurrent with cash needs to meet anticipated demands.
3.Yield. The investment portfolio shall be designed with the objective of
attaining a market rate of return, taking into account the investment risk
constraints and liquidity needs. Return on investment is of secondary
importance compared to the safety and liquidity objectives described
above.
(F) Allowable Investments
The investments listed in this Policy are authorized investments pursuant to
Sections 53601 and 53635 of the California Government Code and are authorized
investments for the City subject, however, to the restrictions set forth in Section
“K” of this Investment Policy. In the event that an apparent discrepancy is found
between this Policy and the Government Code, the more restrictive parameters
will take precedence.
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Exhibit A
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(G) Collateralization
If collateral is required for a particular investment type, it will be provided in
compliance with California Government Code requirements.
(H) Investment Pools/Mutual Funds
Prior to investing in any pooled investment program (e.g., LAIF, money market
funds), the Director of Finance will review the program’s documentation (e.g.,
investment policy, policies for participation, fees) to determine the
appropriateness of the pool for City funds. Whenever the City has funds invested
in a pooled investment program, the Director of Finance should periodically
review the pool’s investment holdings. The review shall, at a minimum, obtain the
following information:
•A description of eligible investment securities, and a written statement of
investment policy and objectives.
•A description of interest calculations and how it is distributed, and how
gains and losses are treated.
•A description of how the securities are safeguarded (including the
settlement processes), and how often the securities are priced and the
program audited.
•A description of who may invest in the program, how often, and what size
of deposits and withdrawals are allowed.
•A schedule for receiving statements and portfolio listings.
•A description of how the pool/fund utilizes reserves, retained earnings,
etc.
•A fee schedule, including when and how fees are assessed.
•The eligibility of the pool/fund to invest in bond proceeds and special
district funds, and a description of its practices
(I) Diversification
The City shall diversify the investments within the portfolio to avoid incurring
unreasonable risks inherent in over-investing in specific instruments, individual
financial institutions, or maturities. To promote diversification, no more than 5%
of the portfolio may be invested in the securities of any one issuer, regardless of
security type; excluding U.S. Treasuries, federal agencies, supranationals, and
pooled investments such as LAIF, money market funds, or local government
investment pools.
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Exhibit A
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(J) Maximum Maturities
For those investment types for which this Policy does not specify a maturity limit,
no individual investment shall exceed a maturity of five years from the date of
purchase unless the City Council has granted express authority to make that
investment either specifically or as a part of an investment program approved by
the City Council no less than three months prior to the investment. The weighted
average duration of the investment portfolio shall not exceed 3.0 years.
(K) Authorized Investments of the City
The following types of investments are authorized by this Policy:
1.U.S. Treasury Instruments. United States Treasury notes, bonds, bills, or
certificates of indebtedness, or those for which the faith and credit of the
United States are pledged for the payment of principal and interest. There
is no limitation as to the percentage of the City’s portfolio that may be
invested in this category. The maximum maturity for this investment is five
years from the time of purchase.
2.State of California’s Local Agency Investment Fund (LAIF). A State of
California-managed investment pool. The maximum amount invested in
this category may not exceed the limit set by LAIF for operating accounts.
For 2023 that deposit limit is $75 million.
3.Local Government Investment Pools (“LGIP”). Shares of beneficial
interest issued by joint powers authority organized pursuant to Section
6509.7 that invests in the securities and obligations authorized in
Government Code (e.g. Cal Trust). The City will limit investments to LGIPs
that seek to maintain a stable net asset value. There is no limitation as to
the percentage of the City’s portfolio that may be invested in this category.
4.Municipal Bonds. Registered state warrants or treasury notes or bonds of
this state, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by the state
or by a department, board, agency, or authority of the state.
Registered treasury notes or bonds of any of the other 49 states in addition
to California, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by a state or
by a department, board, agency, or authority of any of the other 49 states,
in addition to California.
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Exhibit A
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Bonds, notes, warrants, or other evidences of indebtedness of a local
agency within this state, including bonds payable solely out of the
revenues from a revenue-producing property owned, controlled, or
operated by the local agency, or by a department, board, agency, or
authority of the local agency.
Purchases are limited to securities rated in a rating category of “A” (long-
term) or “A-1” (short-term) or their equivalents or better by a Nationally
Recognized Statistical Rating Organization (NRSRO). A maximum of 30%
the City’s portfolio may be invested in this category. The maximum
maturity for this investment is five years from the time of purchase.
5.Federal Agency Securities. Federal agency or United States government-
sponsored enterprise obligations, participations, or other instruments,
including those issued by or fully guaranteed as to principal and interest
by federal agencies or United States government-sponsored enterprises.
There is no limitation as to the percentage of the City’s portfolio that may
be invested in this category. The maximum maturity for this investment is
five years from the time of purchase.
6.Negotiable Certificates of Deposit. Negotiable certificates of deposit
issued by a nationally or state-chartered bank, a savings association or a
federal association, a state or federal credit union, or by a federally
licensed or state-licensed branch of a foreign bank. Securities in this
category shall be limited to the maximum amount covered by federal
deposit insurance currently set at $250,000. A maximum of 30% of the
City’s portfolio may be invested in this category. The maximum maturity
for this investment is five years from the time of purchase.
7.Commercial Paper. Commercial paper of “prime” quality of the highest
ranking or of the highest letter and number rating as provided for by a
NRSRO. The entity that issues the commercial paper shall meet all of the
following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria: (A) Is organized and
operating in the United States as a general corporation; (B) Has
total assets in excess of five hundred million dollars
($500,000,000), and (C) Has debt other than commercial paper, if
any, that is rated in a rating category of “A” or its equivalent or
better by an NRSRO.
(2) The entity meets the following criteria: (A) Is organized within the
United States as a special purpose corporation, trust, or limited
liability company, (B) Has program-wide credit enhancements
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Exhibit A
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including, but not limited to, overcollateralization, letters of credit,
or a surety bond, and (C) Has commercial paper that is rated “A-1”
or better, or the equivalent, by an NRSRO.
Purchases are limited to securities that have a maximum maturity of 270
days. A maximum of 25% the City’s portfolio may be invested in this
category with a maximum of 5% per issuer.
8.Corporate or Medium-Term Notes. Corporate or medium-term notes,
defined as all corporate and depository institution debt securities with a
maximum remaining maturity of five years or less, issued by corporations
organized and operating within the United States or by depository
institutions licensed by the United States or any state and operating within
the United States. Purchases are limited to securities rated in a rating
category of “A” or its equivalent or better by an NRSRO. A maximum of
30% the City’s portfolio may be invested in this category with a maximum
of 5% per issuer.
9.Money Market Funds (“MMF”). Purchases are restricted to Government
Money Market Funds. Furthermore, these Money Market Funds must have
met either of the following criteria: (A) Attained the highest ranking or the
highest letter and numerical rating provided by not less than two NRSROs,
or (B) Retained an investment advisor with not less than five years’
experience and registered or exempt from registration with the SEC, with
assets under management in excess of five hundred million dollars
($500,000,000). A maximum of 20% of the City’s portfolio may be invested
in this category.
10.Supranational Obligations. United States dollar denominated senior
unsecured unsubordinated obligations issued or unconditionally
guaranteed by the International Bank for Reconstruction and
Development, International Finance Corporation, or Inter-American
Development Bank, with a maximum remaining maturity of five years or
less, and eligible for purchase and sale within the United States.
Investments under this subdivision shall be rated in a rating category of
“AA” or its equivalent or better by a NRSRO. A maximum of 10% the City’s
portfolio may be invested in this category with a maximum of 5% per
issuer. State law limits the percentage to 30% of the portfolio.
11.Bankers Acceptances. Bankers’ acceptances are short-term debt
instruments issued by a company that is guaranteed by a commercial bank.
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Exhibit A
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Bankers Acceptances are limited to institutions with short-term debt
obligations of A-1 or higher and have long term debt obligations rated “A”
or higher, or the equivalent by a NRSRO. The maturity shall not exceed
180 days and no more than 30 percent of the total portfolio may be
invested in banker’s acceptances and no more than 5% per issuer.
City of San Bernardino Authorized Investment Policy Table
Investment Type Maximum Term Maximum % of
Portfolio
Maximum per
Issuer
Minimum
Rating
US Treasury
Obligations 5 Years NONE NONE NONE
Local Agency
Investment Fund
(LAIF)N/A
The City may invest
up to the maximum
amount permitted by
California state law.
N/A NONE
Joint Powers/Local
Government
Investment Pool
N/A NONE N/A NONE
Municipal Debt 5 Years 30%A1, A
Federal Agency
Obligations 5 Years NONE NONE NONE
Certificate of
Deposits
5 Years 30%NONE
Securities in this
category shall be
limited to the
maximum amount
covered by federal
deposit insurance.
Commercial Paper 270 Days 25%5%A1/P1, A
Medium
Term/Corporate
Notes
5 Years 30%5%A
Money Market
Mutual Funds N/A 20%NONE AAA
Supranational
Obligations (IBRD,
IFC, IDB)
5 Years 10%5%M
Banker’s
Acceptances 180 Days 30%5%A1, A
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Exhibit A
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(L) Prohibited Investments
Furthermore, the City will not invest in inverse floaters, range notes, mortgage-
derived, interest-only strips, or any security that could result in zero interest
accrual if held to maturity. In order to anticipate market changes and provide a
level of security for all funds, the collateralization level will 100% of market value
for Certificate of Deposits and 102% for reverse purchase agreements or principal
and accrued interest. Collateral will always be held by an independent third party
with whom the entity has a current custodial relationship
(M) Performance Standards
The investment portfolio shall be managed with the objective of obtaining a
market-average rate of return during budgetary and economic cycles, considering
the City’s investment risk constraints and the cash flow needs.
Investment return is a consideration only after the core investment portfolio
tenets of safety and liquidity have been met. The Director of Finance will adopt a
benchmark which best approximates the composition and weighted average
maturity of the City’s portfolio. The City will monitor the City’s portfolio yield
against the US Treasury Constant Maturity and the performance yield presented
by LAIF. However, the benchmark will be used only as a reference tool and does
not infer that the portfolio will be managed in an attempt to attain or exceed the
stated benchmark. Benchmarks may change over time based on changes in
market conditions or cash flow requirements. The selected performance
benchmarks shall be representative of the City’s overall investment objectives and
liquidity requirements.
(N) Investment Reporting
The Director of Finance shall submit to the City Council, on a monthly basis, a
report summarizing the individual transactions executed within the month. The
Director of Finance shall submit to the City Council on a quarterly basis a report
summarizing the status of the current investment portfolio and the individual
transactions executed over the last quarter. The report shall be prepared in a
manner which shall allow the City Council to ascertain whether investment
activities during the reporting period have conformed to the Investment Policy.
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Exhibit A
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The report will include the following elements:
•Type of investment
•Institution/Issuer
•Purchase Date
•Date of maturity
•Amount of deposit or cost of the investment
•Face value of the investment
•Current market value of securities and source of valuation
•Rate of interest
•Interest earnings
•Statement relating the report to its compliance with the Statement of
Investment Policy or the manner in which the portfolio is not in compliance
•Statement on availability of funds to meet the next six month’s obligations
•Percentage of Portfolio by Investment Type
•Days to Maturity for all Investments
•Comparative report on Monthly Investment Balances & Interest Yields
•Monthly transactions
(O) Portfolio Review
The Director of Finance shall continually monitor portfolio performance to ensure
that the securities in the portfolio are in compliance with this Policy. The Director
of Finance shall report any issues of material non-compliance in the next monthly
Investment Report. Percentage holding limits and diversification requirements
listed in this Policy apply at the time a security is purchased. If a percentage
holding limit or diversification requirement is exceeded due to a subsequent
change in the portfolio, it is not a compliance violation, but no additional securities
may be purchased in that category or for that issuer until the holdings are back
under the Policy limits. Credit ratings, where shown, specify the minimum credit
rating category required at purchase. In the event a security held by the City is
subject to a credit rating change that brings it below the minimum credit ratings
specified in this Policy, the Director of Finance will notify the City Council of the
change in the next monthly Investment Report. The course of action to be
followed will then be decided on a case-by-case basis, considering such factors as
the reason for the change, prognosis for recovery or further rating downgrades,
and the market price of the security. If a security is determined to be out of
compliance with this Policy due to a subsequent change in this Policy or the
Government Code, it may be held to maturity unless there is a requirement that
the security be sold.
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Exhibit A
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(P) Debt Proceeds
Debt proceeds and bond reserve funds are to be invested in accordance with their
respective bond indenture. If the indenture is silent as to the permitted
investments, the bond proceeds will be invested in the securities permitted by this
Policy. Notwithstanding the other provisions of this Policy, the percentage
limitations listed elsewhere in this Policy do not apply to bond proceeds and bond
proceeds may be invested beyond five years if the maturities of such investments
do not exceed the expected use of the funds, the investments are deemed
prudent in the opinion of the Director of Finance, and the investments are not
prohibited by the applicable bond documents. Tax and Revenue Anticipation
Notes or other temporary financing proceeds shall not be invested for a term that
exceeds the term of the debt.
(Q) Safekeeping
To protect against potential losses by collapse of individual securities dealers, all
deliverable securities owned by the City, including collateral on repurchase
agreements, shall be held in safekeeping by a third party bank trust department
acting as agent for the City under the terms of a custody agreement executed by
the bank and by the City. All deliverable securities will be received and delivered
using standard delivery-versus-payment procedures.
(R) Qualified Financial Institutions and Broker/Dealers
The Director of Finance shall maintain a list of approved financial institutions
authorized to provide investment related services to the City. In addition, the City
shall maintain a list of approved security broker/dealers selected by conducting a
process of due diligence. These may include ‘primary’ dealers or regional dealers
that qualify under Securities and Exchange Commission (“SEC”) Rule 15C3-1
(uniform net capital rule). A copy of this Investment Policy shall be sent annually
to all firms with which the City executes investments.
Additionally, all financial institutions and broker/dealers who desire to become
qualified bidders of investment transactions must provide the Director of Finance
with the following:
•Audited Financial Statements
•Proof of State Registration
•Copy of most recently filed Financial Industry Regulated Authority (FINRA)
documentation
•Certification of having read the Investment Policy and depository contracts
of the City of San Bernardino
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Exhibit A
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The Director of Finance will review the existing list of either qualified
broker/dealers or qualified bidders for investment transactions on an annual
basis. At the discretion of the Director of Finance, and with the due diligence
noted above, add or delete either broker/dealers or qualified bidders.
(S) Continuing Education and Training
To ensure the highest level of professional standards for the execution of the
investment program, investment staff responsible for the day-to-day
management of the portfolio are encouraged to engage in continuing education
in the areas of cash and investment management.
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Exhibit A
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GLOSSARY
AGENCIES: Federal agency securities.
BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.
The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are
drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An
acceptance is a high grade negotiable instrument.
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the
investment portfolio. A benchmark should represent a close correlation to the level of risk and
the average duration of the portfolio’s investments.
BROKER: A broker brings buyers and sellers together for a commission. He/she does not take a
position.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate.
Large-denomination CD’s are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation (including
limited liability companies) to raise working capital. These negotiable instruments are purchased
at a discount to par value or at par value with interest bearing. Commercial paper is issued by
corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc.
COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on
the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment
date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling
for his/her own account.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus
payment and delivery versus receipt. Delivery versus payment is delivery of securities with an
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Exhibit A
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exchange of money for the securities. Delivery versus receipt is delivery of securities with an
exchange of a signed receipt for the securities.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent
returns.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to
various classes of institutions (e.g. S&L’s, Small business firms, students, farmers, farm
cooperatives, and exporters).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency
that insures bank deposits, currently up to $250,000 per deposit.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread between
bid and asked prices is narrow and a reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political
subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or
sold.
MATURITY: The date upon which the principal or stated value of an investment becomes due
and payable.
MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper,
bankers’ acceptances, etc.) are issued and traded.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION
(“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity or with
respect to specific securities or money market instruments and express their opinion in the form
of a letter rating. A credit rating agency may apply to the SEC for registration as a nationally
recognized statistical rating organization (“NRSRO”). The primary rating agencies are Standard &
Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc.
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Exhibit A
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NEGOTIABLE CERTIFICATES OF DEPOSIT: Generally, short-term debt instrument that usually pays
interest and is issued by a bank, savings or federal association, state or federal credit union, or
state-licensed branch of a foreign bank. Negotiable CDs are traded in a·secondary market and
are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured
by FDIC up to $250,000, but they are not collateralized beyond that amount.
NON-NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs that carry a penalty if redeemed prior to
maturity. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal
Deposit Insurance Corporation up to the amount of $250,000, including principal and interest.
Amounts deposited above this amount may be secured with other forms of collateral through an
agreement between the investor and the issuer. Collateral may include other securities including
Treasuries or agency securities such as those issued by the Federal National Mortgage
Association.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market
activity and positions and monthly financial statements to the Federal Reserve Bank of New York
and are subject to its informal oversight. Primary dealers include Securities and Exchange
Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms.
PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a
fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody
state—the so-called “legal list”. In other states, the trustee may invest in a security if it is one
that would be bought by a prudent person of discretion and intelligence who is seeking a
reasonable income and preservation of capital.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current
market price. This may be the amortized yield to maturity; on a bond, the current income return.
SAFEKEEPING: The service provided by banks and trust companies for clients when the bank or
trust company stores the securities, takes in coupon payments, and redeems issues at maturity.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in
securities transactions by administering securities legislation.
SEC RULE 150-1: See “Uniform Net Capital Rule”.
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Exhibit A
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SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the International Bank for
Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-
American Development Bank (IDB), with a maximum remaining maturity of five years or less, and
eligible for purchase and sale within the United States. Investments under this subdivision shall
be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys
that may be invested pursuant to this section.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance
the national debt. Most bills are issued to mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10
years.
TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of
from one year to ten years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member
firms as well as nonmember broker/dealers in securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to
purchase securities, one reason new public issues are spread among members of underwriting
syndicates. Liquid capital includes cash and assets easily converted into cash.
YIELD: The rate of annual income return on an investment, expressed as a percentage.
(a) Income Yield is obtained by dividing the current dollar income by the current market price
for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium
above par or plus any discount from par in purchase price, with the adjustment spread over the
period from the date of purchase to the date of maturity of the bond.
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13. Technical Correction to the Appropriations Limits for Fiscal Years 2022-23, 2023-
24, and 2024-25 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2025-022 of the Mayor and City Council of the City of
San Bernardino, California, approving the technical correction to the
Appropriations Limit for Fiscal Years 2022-23;
2. Adopt Resolution No. 2025-023 of the Mayor and City Council of the City of
San Bernardino, California, approving the technical correction to the
Appropriations Limit for Fiscal Years 2023-24;
3. Adopt Resolution No. 2025-024 of the Mayor and City Council of the City of
San Bernardino, California, approving the technical correction to the
Appropriations Limit for Fiscal Years 2024-25;
4. Re-establish the City’s Appropriations Limits for Fiscal Years 2022-23, 2023-
24, and 2024-25 as required by Article XIII of the California State Constitution.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Technical Correction to the Appropriations Limits for
Fiscal Years 2022-23, 2023-24, and 2024-25 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2025-022 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations
Limit for Fiscal Years 2022-23;
2. Adopt Resolution No. 2025-023 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations
Limit for Fiscal Years 2023-24;
3. Adopt Resolution No. 2025-024 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations
Limit for Fiscal Years 2024-25;
4. Re-establish the City’s Appropriations Limits for Fiscal Years 2022-23, 2023-24,
and 2024-25 as required by Article XIII of the California State Constitution.
Executive Summary
In compliance with Article XIIIB of the California Constitution, the City is required to
establish an annual appropriations or spending limit, commonly referred to as the
"Gann Limit (named after Paul Gann, who coauthored Proposition 4)," and is approved
by the legislative body annually. This limit restricts the amount of revenue that can be
appropriated from proceeds of taxes, and is adjusted annually.
For the last three (3) fiscal years, the Appropriations or Gann Limits approved by City
Council were calculated in error as detailed in the Discussion Section. Article XIII of
the California State Constitution requires that the corrected Gann Limit Resolutions be
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approved by City Council and be reported correctly. There is no financial impact to
approving the corrected Resolutions of all three fiscal years.
Background
Proposition 4 created Article XIIIB of the California Constitution that provides a formula
for calculating spending limits. Its basic provisions are as follows:
•Each year, the State and local governments must adopt a resolution
establishing an Appropriations Limit, also known as the “Gann Limit”. Fiscal
Year 1978-79 appropriations serve as the base for this limit, and is recalculated
each year based on growth in population (using either the growth in the City or
County population) and the rate of inflation (using either growth in per capita
income or new non-residential construction).
•Only tax proceeds are subject to the limit. Charges for services, regulatory
fees, grants, loans, donations and other non-tax proceeds are not subject to
the limit. Exemptions are also made for voter-approved debt, debt that existed
prior to January 1, 1979, and for the cost of compliance with court or Federal
government mandates.
•All tax revenues received in excess of the Appropriations Limit must be
refunded to taxpayers within a two-year period.
•The voters may approve an increase in the Appropriations Limit. For the
increase to remain in effect, however, it must be re-approved by voters at four-
year intervals.
On June 5, 1990, California voters approved the Traffic Congestion Relief and
Spending Limitation Act (Proposition 111), which made various amendments to Article
XIIIB of the State Constitution. The major changes, which became effective July 1,
1990, are as follows:
•Proposition 111 updated the base year for calculating the Gann Limit from
1978-79 to 1986-87.
•The change in the cost of living is defined to be either the change in California
per capita personal income, as provided to local cities and counties by the
Department of Finance (DOF) annually, or the change in assessed valuation
due to the addition of non-residential new construction. Previously, the change
in the cost of living was defined as the lesser of the change in the U.S.
Consumer Price Index or the change in California per capita personal income.
•The change in population is defined as either a change in the City’s population
or a change in the County’s population, whichever is greater. California
Revenue and Taxation Code section 2227 requires the DOF to transmit an
estimate of percentage change in population to local governments annually.
•Proposition 111 excluded capital outlay and emergency appropriations from the
Gann limit. Qualified capital outlay projects must have a useful life of ten or
more years and a cost that equals or exceeds $100,000.
•Tax revenues received in excess of the Appropriations Limit must be refunded
to taxpayers only if the limit is exceeded over a two-year period.
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In March 2022, the state was unable to accommodate all its “proceeds of taxes” within
its Gann Limit. This was in part because growth in personal income tax revenue — the
state’s largest revenue source — exceeded the appropriations limit’s growth rate.
When “proceeds of taxes” cannot be accommodated within the state’s Gann Limit, the
state must return tax revenues to taxpayers and increase school spending over a two-
year period.
To avoid reaching its Gann Limit and returning money to taxpayers, and spending more
on schools, the Legislature redefined “state subvention” so that money received from
the state that includes direction for how, where, and what to spend the money on, is
subject to the city’s Gann Limit.
This change was made by identifying 47 state programs as state subventions, such as
CalFresh and Project Roomkey. Funding for these programs now counts under the
recipient city or county’s Gann Limit up to the amount representing the difference
between the city’s appropriations, subject to limitation without the new definition, and
the city’s appropriations limit.
The annual calculation of the Appropriations Limit of each fiscal year must be reviewed
as part of the City’s annual financial audit.
Discussion
California Revenue and Taxation Code section 2227 requires the Department of
Finance (DOF) to transmit an estimate of the percentage change in population to local
governments. Each local jurisdiction must use their percentage change in population
factor for each year, in conjunction with a change in the cost of living, or price factor,
to calculate the appropriations limits for each fiscal year.
Price Factor
Proposition 111 made several changes to the method used to calculate the Gann Limit.
The change in the cost of living (or “price factor”) is defined to be either the change in
California per capita personal income or the change in assessed valuation due to the
addition of non-residential new construction. The City has chosen to use the change in
California per capita personal income as the “price factor” for calculation of the Gann
Limit as provided by the Department of Finance.
The cost of living factor or “price factor” provided by the DOF is per capita personal
income. The City has chosen to use the percentage change in per capita personal
income, therefore the percentage change to be used in setting each fiscal year’s
appropriation limit is as follows:
Per Capita Personal Income
Fiscal Year (FY)Percentage change
over prior year
2022-23 7.55%
2023-24 4.44%
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Per Capita Personal Income
Fiscal Year (FY)Percentage change
over prior year
2024-25 3.62%
Population Factor
The “population factor” to be used in calculating the Gann Limit is defined by
Proposition 111 as either a change in the City’s population or a change in the County’s
population, whichever is greater. Per information provided by the DOF to be used for
calculation for each fiscal year:
Population Factor
Fiscal Year
(FY)
Percentage change
in Population - City
Percentage change in
Population - County
Greater of the two
(City or County)
2022-23 -0.55%0.14%0.14%
2023-24 1.25%0.12%1.25%
2024-25 0.39%0.42%0.42%
State Subvention Funds allocated to the City of San Bernardino
Government Code Section 7903 was updated in the Budget Act of 2022 requiring cities
to include specified state subventions within the local appropriations limit. Cities were
provided 47 state programs, that now count towards the City’s appropriation limit,
without changing the original calculation of the Gann Limit.
Fiscal Year
(FY)
State Subvention Funds Program Allocation to City
of San Bernardino
2022-23 Board of State & Community Corrections –
Corrections Planning & Grant Programs
$1,300,000
2023-24 Board of State & Community Corrections –
Corrections Planning & Grant Programs
$1,300,000
2024-25 Board of State & Community Corrections –
Corrections Planning & Grant Programs
$3,300,000
Appropriations Limit Calculation Sample (using FY2022-23 data)
Per Capita Cost of Living Change = 7.55%
Population Change (County) = 0.14%
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755
100
Population converted to a ratio:0.0014 + 100 = 1.0014
100
Original Calculation of factor for FY2022-23: 1.0755 X 1.0014 = 1.0770057
Appropriation Limit calculation:
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Prior Year (2021-22) limit: $410,844,843
Allocation factor: x 1.0770057
FY2022-23 Gann Limit: $442,482,238
SUMMARY TABLE
The table below summarizes and highlights in red the technical errors that occurred
over the last three fiscal years, with the corresponding corrections:
Fiscal
Year
(FY)
Correct
Price
Factor
Used
Incorrect
Population
Factor
Used
Correct
Population
Factor
Incorrect
Gann Limit
previously
Reported
Revised
Gann Limit
City
Revenues
subject to
Gann Limit
2022-23 7.55%14.00%0.14%$503,724,537 $442,482,238 $160,012,618
2023-24 4.44%0.12%1.25%$462,683,004 $467,905,055 $173,513,592
2024-25 3.62%0.39%0.42%$481,445,743 $486,879,560 $196,005,750
The next sections detail the incorrect and revised calculations for each fiscal year’s
Gann Limit amounts. As stated earlier, the total City revenues subject to the Gann Limit
requirements are well below the threshold. There is no fiscal impact to revising the
City’s Gann Limit calculations.
Fiscal Year 2022-23
For Fiscal Year 2022-23, since the percentage change in County’s population of 0.14%
is greater than the City’s population change of -0.55%, the County’s percentage
change was used as the population factor for the FY 2022-23 Gann Limit calculation,
using the formula above. A typographical error occurred and instead of using 0.14%,
14% was used, resulting in a higher Appropriation Limit as shown below:
INCORRECT GANN LIMIT CALCULATION:
Per Capita Cost of Living Change = 7.55%
Population Change (County) = 14%
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755
100
Population converted to a ratio:0.14 + 100 = 1.14
100
Original Calculation for FY2022-23:1.0755 X 1.14 = 1.2260700
Appropriation Limit:
Prior Year (2021-22) Gann limit: $410,844,843
Incorrect calculation factor: x 1.2260700
Incorrect Gann Limit:$503,724,537
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REVISED 2022-23 GANN LIMIT CALCULATION:
Per Capita Cost of Living Change = 7.55%
Population Change (County) = 0.14%
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755
100
Population converted to a ratio:0.0014 + 100 = 1.0014
100
Revised Calculation factor for FY2022-23: 1.0755 X 1.0014 = 1.0770057
Revised Appropriation Limit Calculation:
Prior Year (2021-22) Gann limit: $410,844,843
Revised calculation factor: x 1.0770057
Revised FY2022-23 Gann Limit: $442,482,238
Proceeds of Taxes Subject to the Limit:$158,712,618
State Subvention Funds Subject to the Limit: $1,300,000
Total Revenues subject to the Gann Limit: $160,012,618
As shown above, total City revenues ($160,012,618) subject to the Appropriations limit
is under the limit by $282,469,620.
Adoption of the resolution will revise the FY2022-23 Gann Limit to $442,482,238 and
comply with State law.
Fiscal Year 2023-24
For Fiscal Year 2023-24, when estimating the previous year’s (FY2022-23) Gann Limit,
staff corrected the calculation and the 2022-23 revised Gann limit of $442,482,238 was
used as its base.
However, a couple of technical errors occurred;
•The approved Appropriation Limitation Computation 2022-23 Gann Limit form
listed the incorrect base of $462,683,004 instead of the prior year’s (2022-23)
revised limit of $442,482,238; and
•Since the percentage change in City’s population of 1.25% is greater than the
County’s population change of 0.12%, the City’s percentage change should
have been used as the population factor for the FY 2023-24 Gann Limit
calculation. Instead, the County’s population change percentage (0.12%) was
used in error, resulting in a lower Appropriations Limit as shown below:
INCORRECT GANN LIMIT CALCULATION:
Per Capita Cost of Living Change = 4.44%
Population Change (County) = 0.12%
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444
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100
Population converted to a ratio:0.0012 + 100 = 1.0012
100
Original Calculation for FY2023-24:1.0444 X 1.0012 = 1.0456533
Appropriation Limit:
Revised Prior Year (2022-23) Gann limit: $442,482,238
Incorrect calculation factor: x 1.0456533
Incorrect Gann Limit:$462,683,004
REVISED 2023-24 GANN LIMIT CALCULATION:
Per Capita Cost of Living Change = 4.44%
Population Change (City) = 1.25%
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444
100
Population converted to a ratio:0.0125 + 100 = 1.0125
100
Revised Calculation factor for FY2023-24: 1.0444 X 1.0125 = 1.0574550
Revised Appropriation Limit Calculation:
Revised Year (2022-23) Gann limit: $442,482,238
Revised calculation factor: x 1.0574550
Revised FY2023-24 Gann Limit: $467,905,055
Proceeds of Taxes Subject to the Limit:$172,213,592
State Subvention Funds Subject to the Limit: $1,300,000
Total Revenues subject to the Gann Limit: $173,513,592
As shown above, total City revenues ($173,513,592) subject to the Appropriations limit
is under the limit by $294,391,463.
Adoption of the resolution will revise the FY2023-24 Gann Limit to $467,905,055 and
comply with State law.
Fiscal Year 2024-25
For Fiscal Year 2024-25, both price factor and population factors used were correctly;
however, a number of instances inadvertently occurred:
•The use of the incorrect FY2023-24 Gann Limit of $462,683,004 as its base;
•Although the actual population factor used was correct (0.42%), the population
factor stated on the Appropriations Limit calculation form submitted to City
Council was incorrect (0.39%);
•The State Subvention funds subject to the limit was in error, using the prior
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year’s amount of $1.3m; the State provided 2024-25 subvention funds amount
of $3.3m should have been used.
INCORRECT GANN LIMIT CALCULATION:
Per Capita Cost of Living Change = 3.62%
Population Change (County) = 0.42% (although 0.42% was used in the calculation, the
calculation document submitted to City Council indicated 0.39%)
Per Capita Cost of Living converted to a ratio: 3.62 + 100 = 1.0362
100
Population converted to a ratio:0.0042 + 100 = 1.0042
100
Original Calculation for FY2024-25:1.0362 X 1.0042 = 1.0405520
Appropriation Limit:
Incorrect Prior Year (2023-24) Gann limit: $462,683,004
Calculation factor: x 1.0405520
Incorrect Gann Limit:$481,445,743
REVISED 2024-25 GANN LIMIT CALCULATION:
Per Capita Cost of Living Change = 3.62%
Population Change (County) = 0.42%
Per Capita Cost of Living converted to a ratio: 3.62 + 100 = 1.0362
100
Population converted to a ratio:0.0042 + 100 = 1.0042
100
Revised Calculation factor for FY2023-24: 1.0362 X 1.0042 = 1.0405520
Revised Appropriation Limit Calculation:
Revised Year (2023-24) Gann limit: $467,905,055
Calculation factor: x 1.0405520
Revised FY 2024-25 Gann Limit:$486,879,560
Proceeds of Taxes Subject to the Limit:$192,705,750
State Subvention Funds Subject to the Limit: $3,300,000
Total Revenues subject to the Gann Limit: $196,005,750
As shown above, total City revenues ($196,005,750) subject to the Appropriations limit
is under the limit by $290,873,809.
Adoption of the resolution will revise the FY2024-25 Gann Limit to $486,879,559 and
comply with State law.
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2021-2025 Strategic Targets and Goals
By correcting the Gann Limit, the City supports Strategic Goal #1 - Improved
Operational & Financial Capacity - Implement, maintain, and update a fiscal
accountability plan, by ensuring compliance with state law.
Fiscal Impact
There is no fiscal impact associated with approving all Resolutions.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2025-022 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations
Limits for Fiscal Years 2022-23;
2. Adopt Resolution No. 2025-023 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations
Limits for Fiscal Years 2023-24;
3. Adopt Resolution No. 2025-024 of the Mayor and City Council of the City of San
Bernardino, California, approving the technical correction to the Appropriations
Limits for Fiscal Years 2024-25;
4. Re-establish the City’s Appropriations Limits for Fiscal Years 2022-23, 2023-24,
and 2024-25 as required by Article XIII of the California State Constitution.
Attachments
Attachment 1 – Resolution No. 2025-022 Adopting the Revised FY2022-23
Appropriations Limit
Attachment 2 – Resolution No. 2025-023 Adopting the Revised FY2023-24
Appropriations Limit
Attachment 3 – Resolution No. 2025-024 Adopting the Revised FY2024-25
Appropriations Limit
Attachment 4 – Revised FY 2022-23 Appropriations Limit calculation
Attachment 5 – Revised FY 2023-24 Appropriations Limit calculation
Attachment 6 – Revised FY 2024-25 Appropriations Limit calculation
Attachment 7 – State DOF Price Factor & Population Letter 2022 for 2022-23
Attachment 8 – State DOF Price Factor & Population Letter 2023 for 2023-24
Attachment 9 – State DOF Price Factor & Population Letter 2024 for 2024-25
Attachment 10 – State DOF Letter for State Subventions for FY2022-23 & 2023-24
Attachment 11 – State DOF Letter for State Subventions for FY2024-25
Ward:
All Wards
Synopsis of Previous Council Actions:
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June 1, 2022 Council adopted Resolution No. 2022-102 approving the original
Gann Limit for FY 2022-2023 at $503,724,537.
June 21, 2023 Council adopted Resolution No. 2023-080 approving the original
Gann Limit for FY 2023-2024 at $462,683,004.
June 26, 2024 Council adopted Resolution No. 2024-142 approving the original
Gann Limit for FY 2024-2025 at $481,445,743.
Packet Page 000372
Resolution No. 2025-022
Resolution 2025-022
January 15, 2025
Page 1 of 3
6
2
2
3
RESOLUTION NO. 2025-022
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING A TECHNICAL CORRECTION TO THE FISCAL
YEAR 2022-23 APPROPRIATIONS LIMIT (GANN LIMIT)
PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION.
WHEREAS, Article XIII B of the California Constitution (the "Gann Limit") limits the
amount of tax revenue that state and local governments can spend in a given fiscal year; and
WHEREAS, the City Council previously adopted Resolution No. 2022-102 establishing
the appropriations limit for the Fiscal Year 2022-23 in the amount of $503,724,537; and
WHEREAS, after further review, it has been determined that the correct appropriations
limit for Fiscal Year 2022-23 should be $442,482,238; and
WHEREAS, the City Council approves the technical correction to reflect the correct
appropriations limit for Fiscal Year 2022-23;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The Mayor and City Council hereby approve the appropriations limit for
Fiscal Year 2022-23, previously established at $503,724,537, which is corrected to $442,482,238.
SECTION 2. The Mayor and City Council hereby approve that the corrected
appropriations limit for Fiscal Year 2022-23 shall be used for all purposes in compliance with
Article XIII B of the California Constitution.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. This resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Packet Page 000373
Resolution No. 2025-022
Resolution 2025-022
January 15, 2025
Page 2 of 3
6
2
2
3
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page 000374
Resolution No. 2025-022
Resolution 2025-022
January 15, 2025
Page 3 of 3
6
2
2
3
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO)
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-022, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 15th day of January 2025.
Genoveva Rocha, CMC, City Clerk
Packet Page 000375
CITY OF SAN BERNARDINO FY 2022-23 ADOPTED OPERATING & CAPITAL BUDGET
Appropriations Limits
FY 2021-22 Appropriations Limit 410,844,843
FY 2022-23 Adjustment Factors
Percentage Change in Per Capita Personal Income 7.55%
Percentage Change in Population 0.14%
Appropriations Change Factor (1.0755 x 1.0014)1.07700570
FY 2022-2023 APPROPRIATION LIMIT 442,482,238
FY 2022-2023 APPROPRIATIONS SUBJECT TO LIMITATIONS (158,712,618)
STATE SUBVENTIONS PURSUANT TO GOVERNMENT CODE SECTION 7903 (1,300,000)
(OVER)/UNDER APPROPRIATION LIMIT 282,469,620
CITY OF SAN BERNARDINO
FY 2023
APPROPRIATION LIMITATION COMPUTATION
Article XIIIB of the California Constitution, introduced by Proposition 4 in 1979 and later amended by Proposition 111 in
1990, imposes limits on the growth rate of appropriations for cities and other local governments. This growth rate is based
on changes in population and California's Per Capita Personal Income. In May 2022, the California Department of
Finance provided cities with updated factors for population change and Per Capita Personal Income to use in calculating
their appropriation limits.
For Fiscal Year 2022-2023, the change in the California Per Capita Personal Income is 7.55% and the change in the
County of San Bernardino's population is 0.14%. Based on this data, San Bernardino's appropriation limit for FY 2022-
2023 is calculated at $442,482,238. The total appropriations subject to limitation in the City’s FY 2022-23 budget is
$160,012,618—of which $158,712,618 is from tax proceeds and $1,300,000 from state subventions under Government
Code Section 7903. The City remains below the legal appropriation limit by $282,469,620.
Packet Page 000376
: http://leginfo.legislature.ca.gov/faces/codes.xhtml .
May 2022
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to
transmit an estimate of the percentage change in population to local governments. Each local
jurisdiction must use their percentage change in population factor for January 1, 20 22, in
conjunction with a change in the cost of living, or price factor, to calculate their appropriations
limit for fiscal year 2022-23. Attachment A provides the change in California’s per capita personal
income and an example for utilizing the price factor and population percentage change factor
to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated
county population percentage change. Attachment C provides the population percentage
change for counties and their summed incorporated areas. The population percentage change
data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and
Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the
appropriations limit calculation mandate. The code section and the California Constitution can
be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation
as part of their annual audit. Any questions special districts have on this requirement should be
directed to their county, district legal counsel, or the law itself. No state agency reviews the local
appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and
Taxation Code section 11005.6 mandates Finance to automatically certify any population
estimate that exceeds the current certified population with the State Controller’s Office. Finance
will certify the higher estimate to the State Controller by June 1, 2022.
Please Note: The prior year’s city population estimates may be revised. The per capita personal
income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at
(916)323-4086.
KEELY MARTIN BOSLER
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
Packet Page 000377
May 2022
Attachment A
A.Price Factor: Article XIII B specifies that local jurisdictions select their cost of living
factor to compute their appropriation limit by a vote of their governing body. The
cost of living factor provided here is per capita personal income. If the percentage
change in per capita personal income is selected, the percentage change to be
used in setting the fiscal year 2022-23 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B.Following is an example using sample population change and the change in
California per capita personal income as growth factors in computing a 2022-23
appropriation limit.
2022-23:
Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755
100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723
Packet Page 000378
Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022
Total
County Percent Change ---Population Minus Exclusions ---Population
City 2021-2022 1-1-21 1-1-22 1-1-2022
San Bernardino
Adelanto -0.58 36,569 36,357 36,357
Apple Valley -0.70 76,160 75,628 75,628
Barstow -0.56 24,996 24,855 25,202
Big Bear Lake -0.26 5,054 5,041 5,041
Chino 1.75 86,713 88,228 91,998
Chino Hills -0.60 78,437 77,964 77,964
Colton -0.44 53,853 53,617 53,617
Fontana 1.39 209,889 212,809 212,809
Grand Terrace -0.68 13,131 13,042 13,042
Hesperia 0.10 100,225 100,324 100,324
Highland -0.65 56,915 56,546 56,546
Loma Linda 0.18 25,269 25,314 25,349
Montclair -0.54 38,052 37,846 37,846
Needles -0.79 4,915 4,876 4,876
Ontario 1.60 176,689 179,516 179,516
Rancho Cucamonga 0.00 174,484 174,476 174,476
Redlands -0.48 72,933 72,585 72,585
Rialto -0.09 104,050 103,954 103,954
San Bernardino -0.55 220,768 219,544 220,840
Twentynine Palms -0.77 15,895 15,772 27,685
Upland 0.31 78,891 79,139 79,139
Victorville 0.82 131,522 132,597 136,561
Yucaipa -0.61 54,830 54,494 54,494
Yucca Valley -0.15 21,846 21,813 21,813
Unincorporated -0.46 292,872 291,532 300,003
County Total 0.14 2,154,958 2,157,869 2,187,665
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
Packet Page 000379
Fiscal Year 2022-23
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022
County Percent Change
2021-22
---Population
1-1-21
Minus Exclusions ---
1-1-22
Napa
Incorporated
County Total
-0.78
-0.92
112,875
135,759
111,995
134,512
Nevada
Incorporated
County Total
-0.12
-0.67
34,091
101,875
34,051
101,195
Orange
Incorporated
County Total
-0.21
-0.23
3,035,639
3,168,941
3,029,167
3,161,604
Placer
Incorporated
County Total
0.97
0.37
293,504
407,517
296,338
409,025
Plumas
Incorporated
County Total
0.74
-3.23
2,027
19,574
2,042
18,942
Riverside
Incorporated
County Total
0.33
0.42
2,024,440
2,417,461
2,031,128
2,427,569
Sacramento
Incorporated
County Total
0.08
-0.28
966,759
1,576,263
967,512
1,571,784
San Benito
Incorporated
County Total
1.38
1.10
44,039
64,769
44,647
65,479
San Bernardino
Incorporated
County Total
0.23
0.14
1,862,086
2,154,958
1,866,337
2,157,869
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
Packet Page 000380
Resolution No. 2025-023
Resolution 2025-023
January 15, 2025
Page 1 of 3
6
2
2
4
RESOLUTION NO. 2025-023
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING A TECHNICAL CORRECTION TO THE FISCAL
YEAR 2023-24 APPROPRIATIONS LIMIT (GANN LIMIT)
PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION.
WHEREAS, Article XIII B of the California Constitution (the "Gann Limit") limits the
amount of tax revenue that state and local governments can spend in a given fiscal year; and
WHEREAS, the City Council previously adopted Resolution No. 2023-080 establishing
the appropriations limit for the Fiscal Year 2023-24 in the amount of $462,683,003; and
WHEREAS, after further review, it has been determined that the correct appropriations
limit for Fiscal Year 2023-24 should be $467,905,055; and
WHEREAS, the City Council approves the technical correction to reflect the correct
appropriations limit for Fiscal Year 2023-24;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The Mayor and City Council hereby approve the appropriations limit for
Fiscal Year 2023-24, previously established at $462,683,003, which is corrected to $467,905,055.
SECTION 2. The Mayor and City Council hereby approve that the corrected
appropriations limit for Fiscal Year 2023-24 shall be used for all purposes in compliance with
Article XIII B of the California Constitution.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. This resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Packet Page 000381
Resolution No. 2025-023
Resolution 2025-023
January 15, 2025
Page 2 of 3
6
2
2
4
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page 000382
Resolution No. 2025-023
Resolution 2025-023
January 15, 2025
Page 3 of 3
6
2
2
4
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO)
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-023, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 15th day of January 2025.
Genoveva Rocha, CMC, City Clerk
Packet Page 000383
CITY OF SAN BERNARDINO FY 2023-24 ADOPTED OPERATING & CAPITAL BUDGET
Appropriations Limits
FY 2022-23 Appropriations Limit 442,482,238
FY 2023-24 Adjustment Factors
Percentage Change in Per Capita Personal Income 4.44%
Percentage Change in Population 1.25%
Appropriations Change Factor (1.0444 x 1.0125)1.05745500
FY 2023-2024 APPROPRIATION LIMIT 467,905,055
FY 2023-2024 APPROPRIATIONS SUBJECT TO LIMITATIONS (172,213,592)
STATE SUBVENTIONS PURSUANT TO GOVERNMENT CODE SECTION 7903 (1,300,000)
(OVER)/UNDER APPROPRIATION LIMIT 294,391,463
CITY OF SAN BERNARDINO
FY 2024
APPROPRIATION LIMITATION COMPUTATION
Article XIIIB of the California Constitution, introduced by Proposition 4 in 1979 and later amended by Proposition 111 in 1990,
imposes limits on the growth rate of appropriations for cities and other local governments. This growth rate is based on
changes in population and California's Per Capita Personal Income. In May 2023, the California Department of Finance
provided cities with updated factors for population change and Per Capita Personal Income to use in calculating their
appropriation limits.
For Fiscal Year 2023-2024, the change in the California Per Capita Personal Income is 4.44% and the change in the County
of San Bernardino's population is 1.25%. Based on this data, San Bernardino's appropriation limit for FY 2023-2024 is
calculated at $467,905,055. The total appropriations subject to limitation in the City’s FY 2023-24 budget is $173,513,592—of
which $172,213,592 is from tax proceeds and $1,300,000 from state subventions under Government Code Section 7903. The
City remains below the legal appropriation limit by $293,589,055.
Packet Page 000384
May 2023
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance)
to transmit an estimate of the percentage change in population to local governments. Each local
jurisdiction must use their percentage change in population factor for January 1, 2023, in
conjunction with a change in the cost of living, or price factor, to calculate their appropriations
limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal
income and an example for utilizing the price factor and population percentage change factor
to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated
county population percentage change. Attachment C provides the population percentage
change for counties and their summed incorporated areas. The population percentage change
data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and
Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the
appropriations limit calculation mandate. The code section and the California Constitution can
be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.
Special districts required by law to calculate their appropriations limit must present the calculation
as part of their annual audit. Any questions special districts have on this requirement should be
directed to their county, district legal counsel, or the law itself. No state agency reviews the local
appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and
Taxation Code section 11005.6 mandates Finance to automatically certify any population
estimate that exceeds the current certified population with the State Controller’s Office. Finance
will certify the higher estimate to the State Controller by June 1, 2023.
Please Note: The prior year’s city population estimates may be revised. The per capita personal
income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at
(916)323-4086.
JOE SPEPHENSHAW
Director
By:
Erika Li
Chief Deputy Director
Attachment
Packet Page 000385
May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living
factor to compute their appropriation limit by a vote of their governing body. The
cost of living factor provided here is per capita personal income. If the percentage
change in per capita personal income is selected, the percentage change to be
used in setting the fiscal year 2023-24 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in
California per capita personal income as growth factors in computing a 2023-24
appropriation limit.
2023-24:
Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444
100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407
Packet Page 000386
Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023
Total
County Percent Change ---Population Minus Exclusions ---Population
City 2022-2023 1-1-22 1-1-23 1-1-2023
San Bernardino
Adelanto 0.65 36,420 36,656 36,656
Apple Valley -0.37 75,277 74,996 74,996
Barstow -1.96 24,768 24,283 24,918
Big Bear Lake -0.43 4,935 4,914 4,914
Chino 0.69 88,564 89,171 93,137
Chino Hills -0.70 77,601 77,058 77,058
Colton -0.67 53,513 53,154 53,154
Fontana 0.58 212,616 213,851 213,851
Grand Terrace -0.73 12,908 12,814 12,814
Hesperia 0.19 99,855 100,041 100,041
Highland -0.53 56,283 55,984 55,984
Loma Linda -0.03 25,198 25,191 25,228
Montclair -0.51 37,688 37,494 37,494
Needles -0.77 4,793 4,756 4,756
Ontario 1.14 178,682 180,717 180,717
Rancho Cucamonga -0.31 174,090 173,545 173,545
Redlands -0.40 72,259 71,972 71,972
Rialto -0.41 103,406 102,985 102,985
San Bernardino 1.25 219,218 221,949 223,230
Twentynine Palms -0.94 15,687 15,539 25,929
Upland -0.50 78,771 78,376 78,376
Victorville 0.90 132,189 133,384 137,193
Yucaipa -0.46 54,242 53,991 53,991
Yucca Valley -0.35 21,712 21,635 21,635
Unincorporated -0.45 290,306 289,011 297,482
County Total 0.12 2,150,981 2,153,467 2,182,056
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
Packet Page 000387
Fiscal Year 2023-24
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023
County Percent Change
2022-23
---Population
1-1-22
Minus Exclusions ---
1-1-23
Napa
Incorporated
County Total
-0.97
-0.99
111,917
134,274
110,833
132,945
Nevada
Incorporated
County Total
0.25
-0.26
33,423
100,926
33,506
100,667
Orange
Incorporated
County Total
-0.46
-0.46
3,018,568
3,151,305
3,004,808
3,136,922
Placer
Incorporated
County Total
0.59
0.21
296,653
409,441
298,408
410,305
Plumas
Incorporated
County Total
-1.64
-1.23
2,129
19,232
2,094
18,996
Riverside
Incorporated
County Total
0.24
0.34
2,024,892
2,423,020
2,029,837
2,431,270
Sacramento
Incorporated
County Total
0.44
-0.02
965,442
1,568,532
969,714
1,568,233
San Benito
Incorporated
County Total
0.53
0.19
44,674
65,543
44,913
65,666
San Bernardino
Incorporated
County Total
0.20
0.12
1,860,675
2,150,981
1,864,456
2,153,467
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
Packet Page 000388
MACRO USED: H:\Prod\Template\Dir-Ltrhd.dotm
MACRO USED: H:\Prod\Template\Dir-Ltrhd.dotm
March 29, 2023
Carolyn Coleman, Executive Director, and CEO
League of California Cities
1400 K Street
Sacramento, CA 95814
Dear Ms. Coleman,
State Subventions for Fiscal Years 2022-23 and 2023-24
In a previous communication from our office to yours, dated December 7, 2022, we
provided specific information and direction to be utilized by cities to ensure their
compliance with changes made to Government Code Section 7903 in the Budget Act
of 2022. Changes to that statute require cities (commencing with the 2021-22 fiscal
year) to include specified state subventions within their local appropriations limits. The
information we provided in that previous communication identified the specific dollar
amount for each city attributable to each new subvention that needed to be included
in their limits for 2021-22. To the extent that any of these subventions would cause a city
to exceed their local limit, our previous communication provided further direction on
how to identify and report those excess values to our office by March 1, 2023.
The purpose of this communication is to inform cities that they are to utilize the same
subvention information already provided in our December 7, 2022 correspondence for
2021-22, for use in both their 2022-23 and 2023-24 appropriation limit calculations and
adjustments pursuant to Government Code Section 7903. To the extent that the
subvention values cause a city to exceed their limit in either 2022-23 or 2023-24, those
excess values should be reported to the Department of Finance by November 1, 2023
and November 1, 2024 respectively, and by that same date annually thereafter
pursuant to Government Code Section 7903. Cities should report this information via
email to the following staff: Susan.Wekanda@dof.ca.gov and
Matthew.Westbrook@dof.ca.gov.
Moving forward, commencing with 2024-25, Finance will provide updated subvention
information no later than February 1 of each year preceding the start of the subsequent
fiscal year in which that information will be utilized for local appropriation limit
calculations. In the case of 2024-25, that information will be provided no later than
February 1, 2024.
Packet Page 000389
-2-
Finance respectfully requests that you share this information with cities identified in the
attachment to facilitate their compliance with the provisions of Government Code
Section 7903.
If you have any questions or need additional information regarding this matter, please
contact Susan Wekanda, Principal Program Budget Analyst, at (916) 445-5332.
JOE STEPHENSHAW
Director
Attachment
cc: Melanie M. Perron, Deputy Executive Director, League of California Cities
Nicolas Romo, League of California Cities
Packet Page 000390
City Amount
STATE APPROPRIATIONS LIMIT
State Subventions Pursuant to
Government Code Section 7903
Allocations to Cities
(Dollars in Millions)
City of Loyalton 0.1
City of Marysville 0.4
City of Mendota 2.0
City of Merced 4.6
City of Millbrae 2.0
City of Modesto 0.9
City of Mount Shasta 0.2
City of Napa 3.0
City of National City 2.0
City of Nevada City 0.2
City of Newark 5.0
City of Novato 1.0
City of Oakland 65.6
City of Palm Springs 0.1
City of Palo Alto 4.8
City of Pasadena 1.4
City of Petaluma 2.8
City of Pismo Beach 0.5
City of Pomona 8.4
City of Port Hueneme 0.1
City of Redlands 5.9
City of Redwood City 1.8
City of Rialto 2.4
City of Richmond 6.9
City of Riverside 8.4
City of Rohnert Park 3.3
City of Sacramento 37.9
City of Salinas 22.4
City of San Bernardino 1.3
City of San Diego 31.7
City of San Fernando 2.0
City of San Jose 50.3
City of San Pablo 2.0
City of San Rafael 1.0
City of Santa Ana 16.4
City of Santa Cruz 16.0
March 2023Packet Page 000391
City Amount
STATE APPROPRIATIONS LIMIT
State Subventions Pursuant to
Government Code Section 7903
Allocations to Cities
(Dollars in Millions)
City of Santa Fe Springs 0.4
City of Santa Rosa 3.5
City of Stockton 10.0
City of Thousand Oaks 26.7
City of Tulare 1.6
City of Vallejo 1.3
City of Victorville 4.4
City of Vista 1.8
City of West Hollywood 2.4
City of West Sacramento 1.5
City of Whittier 4.2
City of Woodlake 0.1
City of Woodland 3.1
Total $760.6
March 2023Packet Page 000392
STATE APPROPRIATIONS LIMIT
State Subventions Pursuant to Government
Code Section 7903 -- Allocations to Cities
(Dollars in Millions)
Program Government
Code
Section
City of
Long Beach
City of
Pasadena
City of
Corning
City of
Los Angeles
City of
Rialto
City of
Hayward
City of
Marysville
Department of Public Health
Black Infant Health Program
7903 (b)(1)(B)1.0 - - - - - -
Department of Public Health
California Home Visiting Program
7903 (b)(1)(C)- 0.5 - - - - -
Department of Public Health
Sexually Transmitted Disease Prevention and
Control Activities
7903 (b)(1)(D)0.2 - - - - - -
Department of Health Care Services
Mental Health Services Act
7903 (b)(1)(P)- - - - - - -
Board of State and Community Corrections
Corrections Planning and Grant Programs
7903 (b)(1)(AG)1.3 0.9 0.9 7.0 0.3 0.2 0.4
Department of Cannabis Control
Department of Cannabis Control - Grant
7903 (b)(1)(AK)3.9 - - 22.3 - - -
Office of Emergency Services
Pre-positioning for Fire and Rescue
7903 (b)(1)(AN)- - - - - - -
Business, Consumer Services and Housing
Agency
Homeless Housing, Assistance, and Prevention
program grants
7903 (b)(1)(AR)5.7 - - 143.6 - - -
Business, Consumer Services and Housing
Agency
Encampment Resolution Grants
7903 (b)(1)(AS)1.3 - - 5.2 - - -
Department of Housing and Community
Development
Operating subsidies for Homekey facilities
7903 (b)(1)(AT)7.9 - - - - - -
Control Section 19.56 of the 2021 Budget Act 7903 (b)(1)(AU)5.0 - - 42.8 2.1 - -
Total $26.3 $1.4 $0.9 $220.9 $2.4 $0.2 $0.4
March 2023Packet Page 000393
City of
Modesto
City of
Oakland
City of
Richmond
City of
Salinas
City of San
Bernardino
City of
Vallejo
City of
Santa Ana
City of
Adelanto
City of
Commerce
City of Desert
Hot Springs
City of
Santa Rosa
City of
Sacramento
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - -
0.7 2.0 2.0 1.0 1.3 0.8 0.1 - - - - -
- 10.0 - - - - - 1.0 0.4 0.8 0.8 5.7
- - - - - - - - - - - -
- 24.1 - - - - 10.3 - - - - 16.7
- 6.7 4.9 6.8 - - - - - - - -
0.2 4.8 - 6.5 - 0.5 - - - - 2.7 -
- 18.0 - 8.1 - - 6.0 - - - - 15.5
$0.9 $65.6 $6.9 $22.4 $1.3 $1.3 $16.4 $1.0 $0.4 $0.8 $3.5 $37.9
March 2023Packet Page 000394
Resolution No. 2025-024
Resolution 2025-024
January 15, 2025
Page 1 of 3
6
2
2
5
RESOLUTION NO. 2025-024
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
MAKING A TECHNICAL CORRECTION TO THE FISCAL
YEAR 2024-25 APPROPRIATIONS LIMIT (GANN LIMIT)
PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION.
WHEREAS, Article XIII B of the California Constitution (the "Gann Limit") limits the
amount of tax revenue that state and local governments can spend in a given fiscal year; and
WHEREAS, the City Council previously adopted Resolution No. 2024-142 establishing
the appropriations limit for the Fiscal Year 2024-25 in the amount of $481,445,743; and
WHEREAS, after further review, it has been determined that the correct appropriations
limit for Fiscal Year 2024-25 should be $486,879,560; and
WHEREAS, the City Council approves the technical correction to reflect the correct
appropriations limit for Fiscal Year 2024-25;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The Mayor and City Council hereby approve the appropriations limit for
Fiscal Year 2024-25, previously established at $481,445,743, which is corrected to $486,879,560.
SECTION 2. The Mayor and City Council hereby approve that the corrected
appropriations limit for Fiscal Year 2024-25 shall be used for all purposes in compliance with
Article XIII B of the California Constitution.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. This resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Packet Page 000395
Resolution No. 2025-024
Resolution 2025-024
January 15, 2025
Page 2 of 3
6
2
2
5
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page 000396
Resolution No. 2025-024
Resolution 2025-024
January 15, 2025
Page 3 of 3
6
2
2
5
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO)
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-024, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 15th day of January 2025.
Genoveva Rocha, CMC, City Clerk
Packet Page 000397
CITY OF SAN BERNARDINO FY 2024/25 FY 2025/26 ADOPTED OPERATING & CAPITAL BUDGET
Appropriations Limits
FY 2023-24 Appropriations Limit 467,905,055
FY 2024-25 Adjustment Factors
Percentage Change in Per Capita Personal Income 3.62%
Percentage Change in Population 0.42%
Appropriations Change Factor (1.0362 x 1.0042)1.04055204
FY 2024-2025 APPROPRIATION LIMIT 486,879,560
FY 2024-2025 APPROPRIATIONS SUBJECT TO LIMITATIONS (192,705,750)
STATE SUBVENTIONS PURSUANT TO GOVERNMENT CODE SECTION 7903 (3,300,000)
(OVER)/UNDER APPROPRIATION LIMIT 290,873,810
CITY OF SAN BERNARDINO
FY 2025
APPROPRIATION LIMITATION COMPUTATION
Article XIIIB of the California Constitution, introduced by Proposition 4 in 1979 and later amended by Proposition 111 in 1990,
imposes limits on the growth rate of appropriations for cities and other local governments. This growth rate is based on
changes in population and California's Per Capita Personal Income. In April 2024, the California Department of Finance
provided cities with updated factors for population change and Per Capita Personal Income to use in calculating their
appropriation limits.
For Fiscal Year 2024-2025, the change in the California Per Capita Personal Income is 3.62% and the change in the County
of San Bernardino's population is 0.42%. Based on this data, San Bernardino's appropriation limit for FY 2024-2025 is
calculated at $486,879,560. The total appropriations subject to limitation in the City’s FY 2024-25 budget is $196,005,750—of
which $192,705,750 is from tax proceeds and $3,300,000 from state subventions under Government Code Section 7903. The
City remains below the legal appropriation limit by $290,873,809.
Packet Page 000398
April 30, 2024
Dear Fiscal Officer:
Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance
to transmit an estimate of the percentage change in population to local governments.
Each local jurisdiction must use their percentage change in population factor for
January 1, 2024, in conjunction with a change in the cost of living, or price factor, to
calculate their appropriations limit for fiscal year 2024-25. Attachment A provides the
change in California’s per capita personal income and an example for utilizing the
factors to calculate the 2024-25 appropriations limit. Attachment B provides the city and
unincorporated county population percentage change. Attachment C provides the
population percentage change for counties and their summed incorporated areas. The
population percentage change data excludes federal and state institutionalized
populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue
and Taxation Code section 2228 provides additional information regarding the
appropriations limit. Article XIII B, section 9(C) of the California Constitution exempts
certain special districts from the appropriations limit calculation mandate. Special districts
required by law to calculate their appropriations limit must present the calculation as
part of their annual audit. Any questions special districts have on this requirement should
be directed to their county, district legal counsel, or the law itself. No state agency
reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California
Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify
any population estimate that exceeds the current certified population with the State
Controller’s Office. Finance will certify the higher estimate to the State Controller by
June 1, 2024. Please note: The prior year’s city population estimates may be revised. The
per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic
Research Unit at (916) 323-4086.
/s Richard Gillihan
RICHARD GILLIHAN
Chief Operating Officer
Attachment
Packet Page 000399
May 2024
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of
living factor to compute their appropriation limit by a vote of their governing
body. The cost of living factor provided here is per capita personal income. If
the percentage change in per capita personal income is selected, the
percentage change to be used in setting the fiscal year 2024-25
appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2024-25 3.62
B. Following is an example using sample population change and the change in
California per capita personal income as growth factors in computing a
2024-25 appropriation limit.
2024-25:
Per Capita Cost of Living Change = 3.62 percent
Population Change = 0.17 percent
Per Capita Cost of Living converted to a ratio: 3.62 + 100 = 1.0362
100
Population converted to a ratio: 0.17 + 100 = 1.0017
100
Calculation of factor for FY 2024-25: 1.0362 x 1.0017 = 1.0379
Packet Page 000400
Fiscal Year 2024-25
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2023 to January 1, 2024 and Total Population, January 1, 2024
Total
County Percent Change ---Population Minus Exclusions ---Population
City 23-24 1-1-23 1-1-24 1-1-24
San Bernardino
Adelanto -0.80 36,422 36,131 36,131
Apple Valley -0.24 74,500 74,322 74,322
Barstow -0.34 24,124 24,043 24,669
Big Bear Lake 0.20 4,948 4,958 4,958
Chino 0.57 88,580 89,088 92,585
Chino Hills -0.17 76,547 76,414 76,414
Colton -0.12 52,841 52,778 52,778
Fontana 0.68 212,772 214,223 214,223
Grand Terrace -0.17 12,793 12,771 12,771
Hesperia 0.75 99,338 100,087 100,087
Highland 0.12 55,612 55,676 55,676
Loma Linda -0.02 24,923 24,919 24,965
Montclair -0.09 37,246 37,211 37,211
Needles -0.23 4,780 4,769 4,769
Ontario 0.93 179,555 181,224 181,224
Rancho Cucamonga 0.56 172,344 173,316 173,316
Redlands 1.28 71,776 72,696 72,696
Rialto 0.71 102,367 103,097 103,097
San Bernardino 0.39 224,316 225,188 226,541
Twentynine Palms -1.12 15,397 15,224 25,346
Upland 0.56 77,849 78,285 78,285
Victorville 0.96 132,537 133,805 138,202
Yucaipa 0.33 53,635 53,810 53,810
Yucca Valley 0.40 21,509 21,594 21,594
Unincorporated 0.02 286,864 286,926 295,763
County Total 0.42 2,143,575 2,152,555 2,181,433
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
Packet Page 000401
Fiscal Year 2024-25
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2023 to January 1, 2024
County Percent Change
23-24
---Population
1-1-23
Minus Exclusions ---
1-1-24
Napa
Incorporated
County Total
0.47
0.38
111,044
132,816
111,570
133,324
Nevada
Incorporated
County Total
-0.01
-0.30
33,530
100,421
33,525
100,115
Orange
Incorporated
County Total
0.29
0.31
3,010,335
3,140,716
3,019,168
3,150,493
Placer
Incorporated
County Total
0.87
0.67
298,393
410,085
300,976
412,844
Plumas
Incorporated
County Total
-1.14
-0.80
2,099
18,993
2,075
18,841
Riverside
Incorporated
County Total
0.48
0.55
2,021,243
2,420,896
2,030,847
2,434,285
Sacramento
Incorporated
County Total
0.44
0.12
972,430
1,572,419
976,744
1,574,358
San Benito
Incorporated
County Total
0.73
1.06
44,579
65,165
44,904
65,853
San Bernardino
Incorporated
County Total
0.48
0.42
1,856,711
2,143,575
1,865,629
2,152,555
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
Packet Page 000402
MAC USED: H:\Prod\Template\Dir-Ltrhd.dotmD: H:\Prod\Template\Dir-Ltrhd.dotm
January 24, 2024
Carolyn Coleman, Executive Director, and CEO
League of California Cities
1400 K Street
Sacramento, CA 95814
Dear Ms. Coleman,
State Subventions for Fiscal Year 2024-25
Pursuant to subdivision (b), of Government Code section 7903, commencing with the
2021-22 fiscal year, city governments are required to include specified state subventions
within their appropriations limits. Specifically, the attached spreadsheet identifies both
the total dollar value of all these subventions (the “City Totals” tab) to be included
within a city’s appropriations limit for the 2024-25 fiscal year, as well as additional details
regarding the dollar value attributable to each individual subvention (the “City
Programs” tab). Column B of the “City Programs” tab provides specific statutory
references to each subvention contained in subdivision (b), of Government Code
section 7903.
The language contained in subdivision (b), of Government Code section 7903, requires
each city to include the full value of these subventions within the city’s appropriations
limit for 2021-22 and each subsequent fiscal year. To the extent that any portion of the
values identified for each city in the “City Totals” tab of the attached spreadsheet,
would cause a city to exceed its appropriations limit, subdivision (d) of Government
Code section 7903 requires the city to identify the specific amount attributable to these
subventions in excess of their limit and report that information to the Department of
Finance. The excess amounts that cannot be included in the city’s appropriations limit
will instead be included within the state’s appropriations limit, pursuant to that
subdivision.
To the extent the subvention amounts cause a city to exceed their limit in 2024-25,
Finance directs cities to report any amounts pursuant to subdivision (d), of Government
Code section 7903, for 2024-25 to the department by November 1, 2025. Cities should
report this information via email to the following staff: Susan.Wekanda@dof.ca.gov and
Matthew.Westbrook@dof.ca.gov.
Packet Page 000403
- 2 -
Finance respectfully requests that you share this information with cities identified in the
attachment to facilitate their compliance with the provisions of Government Code
section 7903.
If you have any questions or need additional information regarding this matter, please
contact Susan Wekanda, Principal Program Budget Analyst, at (916) 445-5332.
JOE STEPHENSHAW
Director
Attachment
cc: Jason Rhine, Director of Legislative Affairs, League of California Cities
Ben Triffo, Legislative Representative, League of California Cities
Packet Page 000404
City Amount
STATE APPROPRIATIONS LIMIT
State Subventions Pursuant to Government Code Section
7903
Allocations to Cities for Fiscal Year 2024-25
(Dollars in Millions)
City of Reedley 1.5
City of Rialto 0.1
City of Richmond 10.6
City of Riverside 9.3
City of Roseville 0.6
City of Sacramento 49.6
City of Saint Helena 0.1
City of Salinas 4.7
City of San Bernardino 3.3
City of San Diego 31.7
City of San Fernando 10.5
City of San Jose 30.3
City of San Rafael 0.3
City of San Ramon 5.6
City of Santa Ana 5.2
City of Santa Maria 0.1
City of Santa Monica 11.5
City of Santa Rosa 12.2
City of Santee 0.1
City of Sausalito 1.0
City of South Lake Tahoe 0.1
City of South San Francisco 1.0
City of Stockton 7.2
City of Suisun City 1.5
City of Thousands Oaks 5.8
City of Tulare 4.8
City of Ukiah 0.1
City of Vacaville 4.4
City of Vallejo 0.8
City of Visalia 3.7
Total $667.4
January 2024Packet Page 000405
Program Government Code
Section
Board of State and Community Corrections
Corrections Planning and Grant Programs
7903 (b)(1)(AG)
Business, Consumer Services and Housing Agency
Encampment Resolution Grants
7903 (b)(1)(AS)
Business, Consumer Services and Housing Agency
Homeless Housing, Assistance, and Prevention
program grants
7903 (b)(1)(AR)
Control Section 19.56 of the 2022 Budget Act 7903 (b)(1)(AU)
Department of Health Care Services
Child Health And Disability Prevention Program
7903 (b)(1)(I)
Department of Health Care Services
Mental Health Services Act
7903 (b)(1)(P)
Department of Housing and Community
Development
Operating subsidies for Homekey facilities
7903 (b)(1)(AT)
Department of Public Health
Black Infant Health Program
7903 (b)(1)(B)
Department of Public Health
California Home Visiting Program
7903 (b)(1)(C)
Department of Public Health
Sexually Transmitted Disease Prevention and Control
Activities
7903 (b)(1)(D)
Department of Public Health
Support for Vital Public Health Activities
7903 (b)(1)(E)
Office of Emergency Services
Law Enforcement Mutual Aid
7903 (b)(1)(AP)
Office of Emergency Services
Pre-positioning for Fire and Rescue
7903 (b)(1)(AN)
Total
STATE APPROPRIATIONS LIMIT
State Subventions Pursuant to Government Code Section 7903
Allocations to Cities for Fiscal Year 2024-25(Dollars in Millions)
City of Saint
Helena
City of
Salinas
City of San
Bernardino
City of San
Diego
City of San
Fernando
City of San
Jose
City of San
Rafael
City of San
Ramon
- 4.6 3.3 1.2 0.5 - - 5.6
- - - 2.4 - - 0.3 -
- - - 22.5 - 26.8 - -
- - - 5.5 10.0 0.8 - -
- - - - - - - -
- - - - - - - -
- - - - - 2.6 - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - - - -
- - - - - 0.1 - -
0.1 0.1 - 0.1 - - - -
$0.1 $4.7 $3.3 $31.7 $10.5 $30.3 $0.3 $5.6
January 2024Packet Page 000406
14. Approval of Commercial and Payroll Disbursements and Purchase Card
Transactions for October 2024 (All Ward)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for October 2024.
Packet Page 000407
2
0
7
8
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance
Subject:Approval of Commercial, Payroll Disbursements and
Purchase Card Transactions for October 2024 (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for October 2024.
Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular
business of the Mayor and City Council ensuring that the City pays vendors,
employees, and the retirement system timely, accurately and with full transparency for
the community.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website and are updated
weekly by the Finance Department. The registers may be accessed by copying the
following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Packet Page 000408
2
0
7
8
Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Improved Operational & Financial Capacity
by creating a framework for spending decisions.
Fiscal Impact
Amounts noted in the disbursement 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 Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for October 2024.
Attachments
Attachment 1 Payroll Summary Report for October 2024.
Attachment 2 Commercial checks & Payroll Register #18
Attachment 3 Commercial checks & Payroll Register #19
Gross Payroll
Bi-Weekly for September 29, 2024 $3,391,227.67
Bi-Weekly for October 13, 2024 $3,447,009.52
Bi-Weekly for October 27, 2024 $3,832,945.84
Monthly for October, 2024 $26,950.00
Total Payroll Demands: $10,698,133.03
The following check registers are being presented for approval:
October 3, 2024 2024/25 (Regi ster #18)$1,305,931.17
October 10, 2024 2024/25 (Regi ster #19)$4,298,002.25
October 17, 2024 2024/25 (Regi ster #20)$1,429,990.82
October 18, 2024 2024/25 (Regi ster #21)$61,130.04
October 21, 2024 2024/25 (Regi ster #22)$626,000.00
October 24, 2024 2024/25 (Regi ster #23)$1,412,316.96
October 31, 2024 2024/25 (Regi ster #24)$1,172,415.78
October 31, 2024 2024/25 (Regi ster #25)$11,880.00
Total commercial check demands:$10,317,667.02
The following Electroni c Funds Transfer (EFT) regi sters presented for approval:
Oct 02, 2024 - Oct 18, 2024 2024/25 (Regi ster #1703-1712)$5,754,456.26
Total commercial EFT demands:$5,754,456.26
Purchasing Card C harges:
October 2024 $74,796.09
Total Purchasing Card Charges:$74,796.09
Packet Page 000409
2
0
7
8
Attachment 4 Commercial checks & Payroll Register #20
Attachment 5 Commercial checks & Payroll Register #21
Attachment 6 Commercial checks & Payroll Register #22
Attachment 7 Commercial checks & Payroll Register #23
Attachment 8 Commercial checks & Payroll Register #24
Attachment 9 Commercial checks & Payroll Register #25
Attachment 10 Commercial EFT Registers #1703-1712
Attachment 11 Purchasing Card Charges for October 2024
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Fund Amount
001 - General 56162.78
111 - AB2766 Air Quality 634.95
119 - Community Development Block Grant 4668.9
123 - Federal Grant Programs 196.72
124 - Animal Control 8984.7
126 - Gas Tax Fund 2047.21
131 - CDBG-CV 1 9.02
635 - Fleet Services Fund 16.3
679 - Information Technology 2075.51
Grand Total 74796.09
City of San Bernardino
Purchasing Card Charges by Department
Oct-2024 Expenditures
Summary by Fund
Packet Page 000523
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
001 - General
Mayor
5111 - Material And Supplies
Door stops for Mayor's Office $16
Office Supplies for Mayor's Office $25
5111 - Material And Supplies Total $42
5122 - Dues And Subscriptions
Monthly Sun Newspaper Subscription - Mayor 10/17/24 $14
5122 - Dues And Subscriptions Total $14
5132 - Meetings And Conferences
Gas for rental car to attend the League of California Cities 202 $43
Legislative Meeting - Mayor 10/9/24 $74
Parking for League of California Cities 2024 Annual Conference a $40
Registration Fee for Mayor to League of California Cities 2 $350
Rental Car for Mayor - League of Cal Cities 10/16/24-10/18/$31
Rental Car Receipt for Mayor for League of Cal Cities 10/16 $108
5132 - Meetings And Conferences Total $647
Mayor Total $702
City Clerk
5111 - Material And Supplies
Materials and supplies for the City clerk's office $130
5111 - Material And Supplies Total $130
City Clerk Total $130
City Council
5111 - Material And Supplies
10-28-2024 - $390.60 - COSTCO - MCC Meeting Supplies $391
Office supplies for Council Office $88
Supply Order for Council Office $35
5111 - Material And Supplies Total $513
5132 - Meetings And Conferences
10-02-2024 - $293.30 - EL POLLO LOCO - MCC Meeting Meal $293
10-02-2024 - $50.09 - JOVIS DINER - MCC Meeting Meal $50
Cleaning of table skirts at Council Chambers $121
5132 - Meetings And Conferences Total $464
5145 - Meetings And Conferences - Ward 4
10-18-2024 - $1935.58 - Ward 4 - Marriott Courtyard LB Downtown,$1,936
5145 - Meetings And Conferences - Ward 4 Total $1,936
5146 - Meetings And Conferences - Ward 5
10-18-2024 - $1935.58 - Ward 5 - Marriott Courtyard LB Downtown,$1,936
5146 - Meetings And Conferences - Ward 5 Total $1,936
5147 - Meetings And Conferences - Ward 6
10-18-2024 - $2056.68 - Ward 6 - Marriott Courtyard LB Downtown,$2,057
5147 - Meetings And Conferences - Ward 6 Total $2,057
5148 - Meetings And Conferences - Ward 7
10-19-2024 - $185.63 - #7 - 100 BM of the IE 8th Annual Gala $186
10-22-2024 - $250.00 - Ward 7 - (Duplicate) LSSSC Gala & Awards $250
10-22-2024 - $250.00 - Ward 7 - (Refund of Duplicate) LSSSC Gal -$250
Packet Page 000524
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
10-22-2024 - $250.00 - Ward 7 - LSSSC Gala & Awards Receipt OC22 $250
5148 - Meetings And Conferences - Ward 7 Total $436
City Council Total $7,341
City Manager
5111 - Material And Supplies
Amazon - 10.15.24 CM OFFICE SUPPLIES $66
Amazon - 10.16.24 CM OFFICE SUPPLIES $35
Amazon - 10.21.24 (2) CM OFFICE SUPPLIES $14
Amazon - 10.21.24 CM OFFICE SUPPLIES $17
Amazon - 10.29.24 CM OFFICE SUPPLIES (a)$16
Amazon - 10.29.24 CM OFFICE SUPPLIES (b)$30
Sam's Club - 10.02.2024 Rideshare Kick Off Week Mtg on Oct 3, 20 $12
5111 - Material And Supplies Total $190
5132 - Meetings And Conferences
Annual conference for Administrative Excellence by Office Dynami $744
Cancellation for Deputy City Manager to attend the 2024 Fall ADA -$350
Courtyard Marriott Long Beach Dwntwn - Leg & Gov Affairs Mgr - LCC Conf $954
El Pollo Loco 10-24-2024 - $292.25 - Special MCC Meeting Meal $292
Food 4 Less - Oct. 14, 2024, CM Dept Head Meeting & Rideshare Gi $32
Juan Pollo - 10.23.24 Dept Head Meeting $174
LCC 2024 Annual Conference & Expo Registration - Oct 16-18, 2024 $700
League of CAL Cities Annual Conference in Long Beach, CA.$177
NLC Conference Registration - Nov 13-16, 2024 - Acting City Manager $920
NLC Conference Registration - Nov 13-16, 2024 - Leg & Gov Affairs Mgr $600
Purchase coffee before the long drive from the Administrative Ex $12
Purchased Dinner during Administrative Excellence Conference on $16
Purchased gas for my drive home from the administrative excellen $43
Purchased lunch on last day of administrative excellence confere $14
Purchased refreshment juice during Administrative Excellence Con $15
Purchased snack on last day of administrative excellence confere $17
Southwest - Nov 12-16, 2024 - Leg & Gov Affairs Mgr - NLC City Summit $328
Tampa Marriott Water Street - Advance Charge for Acting City Manager $1,864
Tampa Marriott Water Street - Advance Charge for Leg & Gov Affairs Mgr $2,482
The Green Shack - 10.14.24 CM Dept Head Mtg on 10.15.2024 $213
5132 - Meetings And Conferences Total $9,246
City Manager Total $9,436
Community Development & Housing
5111 - Material And Supplies
Admin - office safety equipment. Stretcher, warming blanket, and $413
B&S mini staplers. Supplies for front counter techs and inspecto $24
California Theater - Operating/Janitorial Supplies $340
Camera cord for code.$11
Camera cord.$11
code camera cord return refund.-$11
safety vest for code enforcement - event coming up and needed fo $472
shirts for new code officers. total of 4 officers 2 shirts each.$386
5111 - Material And Supplies Total $1,646
Packet Page 000525
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
5122 - Dues And Subscriptions
Real Property Manager - IRWA Membership Fee $290
5122 - Dues And Subscriptions Total $290
5133 - Education And Training
CALBO course registration for Plans Examiner II $310
5133 - Education And Training Total $310
5183 - Management Allowance
Monthly birthdays. Department Director $50 monthly allowance.$49
5183 - Management Allowance Total $49
Community Development & Housing Total $2,295
Economic Development
5122 - Dues And Subscriptions
Department publication subscription (monthly)$8
5122 - Dues And Subscriptions Total $8
Economic Development Total $8
Finance & Management Services
5121 - Advertising
Budget Award Application Review Fee FYB 2024 $725
CSMFO Job listing. $275 $275
GFOA AD $150
5121 - Advertising Total $1,150
5122 - Dues And Subscriptions
Barrons subscription $33
Bloomber subscription $299
CSMFO renewal subscription Payroll $110
San Francisco Chronicles Subscription.$16
The Economist subscription $319
The Sun subscription $18
The Wall Street subscription $52
5122 - Dues And Subscriptions Total $847
5132 - Meetings And Conferences
Budget Award Application Review Fee FYB 2024 $593
GFOA Academy- Hotel reservation advance. Budget $1,282
GFOA Budget academy $2,500
GFOA's Leadership Academy trip insurance $49
GFOA's Leadership Academy United Airlines booking confirmation B $734
League of California Cities 2024.- Interim Director - Residence $1,252
United airline refund. budget -$102
5132 - Meetings And Conferences Total $6,309
Finance & Management Services Total $8,306
Packet Page 000526
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
General Government
5502 - Professional Contractual Services
Please code to account 5502. 001-090-0067-5502 Charges are for $811
5502 - Professional Contractual Services Total $811
General Government Total $811
Human Resources & Risk Management
5111 - Material And Supplies
Office signs for doors $68
5111 - Material And Supplies Total $68
5121 - Advertising
CSUSB Job Fair Registration Fee $450
5121 - Advertising Total $450
5132 - Meetings And Conferences
Calpelra Conference registration $2,480
Calpers Conference Registration $1,198
credit for hotel stay NEOGOV conference HR Analyst -$200
Double Tree Hotel stay Calpers $944
Double Tree Hotel Stay for staff for Calpers Conference $358
flight for conference Calpelra $399
flight for conference Calpelra in Monterey $199
flight to go to conference for staff Calpers $103
Refund on hotel stay for conference -$217
5132 - Meetings And Conferences Total $5,264
5133 - Education And Training
Zoom training for staff nuts & bolts negotiations $475
5133 - Education And Training Total $475
5175 - Postage
Courier Service $351
Courier service for two locations $757
5175 - Postage Total $1,107
5183 - Management Allowance
Welcome Bagels to Supervisor for Recruitment $28
5183 - Management Allowance Total $28
Human Resources & Risk Management Total $7,393
Library
5111 - Material And Supplies
Friends of the Library door sign (Internal)$40
Library Supplies / Table leg protectors for staff lounge $30
Library Supplies for Children's Dept.$45
Plaque replacement $40
5111 - Material And Supplies Total $156
5132 - Meetings And Conferences
Hotel stay for Literacy Program Coordinator and Library Program Coordinator for CLA profes $805
5132 - Meetings And Conferences Total $805
Packet Page 000527
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
5175 - Postage
FedEx charge for computer delivery $184
5175 - Postage Total $184
Library Total $1,145
Parks & Recreation
5111 - Material And Supplies
BCAS event decorations $198
BCAS giveaway bags for water safety materials $48
BCAS table covers $23
Bingo items for Senior Service bingo club at both Senior Facilit $439
bolt sizing chart $14
CID halloween & redirection booth supplies $60
Craft Supplies -Trick or Treat event $27
Event D?cor -Cult Classic Cinema $350
Event D?cor -Cult Classic Cinema event $18
Event Supplies -D?a De Los Muertos $22
event supplies for BCAS special event at JL $28
Event Supplies -Trick or Treat $19
Event Supplies -Trick or Treat Event $19
gift bags for water safety giveaways xmas event swim with santa $70
giveaway bags for water safety materials special event pumpkin p $85
Halloween Candy for Trick or Treat $16
Halloween decor & redirection booth supplies $163
Halloween Decor for Senior Services and TrickorTreat Halloween $50
halloween supplies for CID event $64
office supplies $64
office supplies labels for label maker $111
pumpkin purchase for pumpkin plunge special event $187
purchase of perishable food items for cooking program LCCC $36
purchase of perishable items for cooking program RHCC $23
purchase of perishable items for Family Day Event. CID $270
Quest VR Headset Carrycase for Aquatics Training $22
Quest VR lite blocker for LG training $47
reaching poles for JL-DH-H $209
redirection booth supplies $59
Roaring 20s Halloween Decor $74
Senior Health and Resource Fair D?cor $297
Senior Movie Day : Joker $42
Senior Movie Day : Transformers $12
Senior Movie Day : Venom and Smile $119
Senior Movie Day : Wild Robot and Deadpool $60
Special event BCAS decorations $27
Special event gift bags for water safety giveaways summer (2x) a $91
special event supplies BCAS event decorations $61
special event supplies for BCAS $36
special event supplies stickers for swimming with santa $15
storage bins for WSC supplies $70
Packet Page 000528
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
storage containers $20
supplies for BCAS special event $54
supplies for pumpkin plunge and BCAS decorations and pins $37
Supplies -Trick or Treat event $10
table covers for special event pumpkin plunge $44
This was the purchase of supplies for the Girls Soccer Clinic $514
5111 - Material And Supplies Total $4,323
5112 - Small Tools And Equipment
Ice cream and Senior Services Supplies $64
Senior Health and Resource Fair Refreshments and Lunch and Cente $167
Senior Services Halloween Events and Center Supplies $22
5112 - Small Tools And Equipment Total $253
5114 - Raw Foods
Ice cream and Senior Services Supplies $36
Senior Health and Resource Fair Refreshments and Lunch $418
Senior Health and Resource Fair Refreshments and Lunch and Cente $17
Senior Services Halloween Events and Center Supplies $95
5114 - Raw Foods Total $566
5121 - Advertising
Facebook Marketing for Senior Health Fair $48
5121 - Advertising Total $48
5122 - Dues And Subscriptions
monthly subscription for use at centers and events $11
subscription fee for weather app $6
5122 - Dues And Subscriptions Total $17
5132 - Meetings And Conferences
CPRS Aging Section Senior Symposium-Community Service Program Coordinator $25
CPRS-Rec Leader Academy $195
SCPPOA Monthly meeting fee $20
5132 - Meetings And Conferences Total $240
5133 - Education And Training
staff LG certifications $138
5133 - Education And Training Total $138
5171 - Rentals
Rental of Track for Inland Empire Senior Games $192
5171 - Rentals Total $192
5181 - Other Operating Expense
Fire Permit -D?a De Los Muertos event $316
5181 - Other Operating Expense Total $316
Parks & Recreation Total $6,093
Packet Page 000529
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
Police
5111 - Material And Supplies
001-210-0153*5111 Commercial traffic poster frames for maps $98
canon image formula for case filing staff use $256
Chalk and chalk pouches for traffic dept $519
secure safe for deposit bags $116
Tough hooks/hangers for tactical gear $82
5111 - Material And Supplies Total $1,070
5113 - Motor Fuel And Lubricants
Fuel for Chief's city issued vehicle.$202
5113 - Motor Fuel And Lubricants Total $202
5122 - Dues And Subscriptions
Buzzsprout podcast dues $12
Crime & Intelligence Analyst dues $135
5122 - Dues And Subscriptions Total $147
5133 - Education And Training
CRITICAL THINKING ON ACTIVE INCIDENTS REGISTRATION $205
ENHANCEMENT & DETECTION OF BLOOD EVIDENCE ON CRIME SCENE HOTEL $653
ENHANCEMENT & DETECTION OF BLOOD EVIDENCE ON CRIME SCENES HOTEL $653
ENHANCEMENT & DETECTION OF BLOOD EVIDENCE ON CRIME SCENES REG $1,038
IACP CONFERENCE HOTEL $1,607
IN-TIME UNIVERSITY HOTEL $1,351
INTRO TO SEALING & EXPUNGING RECORDS REGISTRATION $159
RELEASING & REDACTING L.E. RECORDS REGISTRATION $179
5133 - Education And Training Total $5,844
5134 - Training Post Reimburseable
ADV PEER SUPPORT REGISTRATION $199
ADV SEARCH WARRANT INVST REGISTRATION $751
COMMAND COLLEGE HOTEL $1,121
COMMUNICATION TRAINING OFFICER REGISTRATION $400
COMMUNICATIONS TRAINING OFFICER REGISTRATION $400
POST EXECUTIVE SEMINAR HOTEL FEE $7
TACTICAL OPERATIONS LIABILITY HOTEL $473
TACTICAL OPERATIONS LIABILITY REGISTRATION $280
5134 - Training Post Reimburseable Total $3,631
Police Total $10,895
Public Works
5111 - Material And Supplies
HY-KO PROD. CV-2 THIS DOOR TO REMAIN UNLOCKED SIGN $113
NARDINI 15 FIRE EXTINGUISHER BREAKER BAR W/CHAIN $227
OFFICE SUPPLIES FOR FLEET MANAGER $233
REPLACEMENT MONUMENT SIGNS FOR Director of Public Works/Cap Imp Projet Mgr $201
SMARTSIGN "MAXIMUM OCCUPANCY PERSONS" WRITE-ON SIGN, DIGITAL PRI $151
TABLECRAFT PRODUCTS 394562 SIGN, DOOR UNLOCKED WHILE BLDG OCCUPI $90
5111 - Material And Supplies Total $1,015
5122 - Dues And Subscriptions
Bldg Maint September 2024 prime membership $16
Packet Page 000530
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
5122 - Dues And Subscriptions Total $16
5133 - Education And Training
Traffic Signals Technician II IMSA $100
5133 - Education And Training Total $100
5172 - Equipment Maintenance
MANHOLE RISER PUMPED AT SB PD PISTOL RANCH 1135 E. HIGHLAND AVE $475
5172 - Equipment Maintenance Total $475
Public Works Total $1,606
001 - General Total $56,163
111 - AB2766 Air Quality
City Manager
5132 - Meetings And Conferences
Sam's Club - 10.02.2024 Rideshare Kick Off Week Mtg on Oct 3, 20 $12
Vicky's - 10.03.24 Rideshare Kick Off Week Meeting $76
5132 - Meetings And Conferences Total $88
5133 - Education And Training
SCAQMD - ETC Training for Accounting Technician II and Assistant to the CM $472
5133 - Education And Training Total $472
5181 - Other Operating Expense
Food 4 Less - Oct. 14, 2024, CM Dept Head Meeting & Rideshare Gi $75
5181 - Other Operating Expense Total $75
City Manager Total $635
111 - AB2766 Air Quality Total $635
119 - Community Development Block Grant
Community Development & Housing
5111 - Material And Supplies
An upgraded SurveyMonkey subscription is needed for the Consolid $178
5111 - Material And Supplies Total $178
5121 - Advertising
2025 City's Consolidated Plan requires community engagement. Thi $112
5121 - Advertising Total $112
5122 - Dues And Subscriptions
Subscription to SurveyMonkey to completed the survey needed for $300
5122 - Dues And Subscriptions Total $300
Community Development & Housing Total $590
Packet Page 000531
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
Police
5102 - Computer Equip-Non Capital
Desk speakers and webcam $56
5102 - Computer Equip-Non Capital Total $56
5111 - Material And Supplies
119-210-0157-5111 Crisis Response Kits for PEACE Team $2,310
walkers for PEACE team ADA accommodations $120
Wheelchairs for PEACE team ADA accommodations $1,593
5111 - Material And Supplies Total $4,023
Police Total $4,079
119 - Community Development Block Grant Total $4,669
123 - Federal Grant Programs
Animal Services
5111 - Material And Supplies
Nipples for bottle feeding underage kittens and puppies $197
5111 - Material And Supplies Total $197
Animal Services Total $197
123 - Federal Grant Programs Total $197
124 - Animal Control
Animal Services
5111 - Material And Supplies
25 bags of 50lb dog food for shelter dogs $943
Bowls, wipes and potty stations for the shelter $736
Chart labels for vet staff $59
Dawn, sponges, hose connectors, sprayers $735
Dog Food for impounded animals $1,462
Ear plugs for staff, heavy duty iPad protectors $440
Infrared thermometers for reading temperatures in the field $292
Labels for vet staff $149
Large scales for each building/area of the shelter $848
Pallet of dog food $1,433
Pig Food $27
Potty Stations for the shelter $512
Rice for homemade warmers for underage kittens and puppies $37
Shelving for shelter organization $39
UV Flashlights to detect ringworm $37
Veterinary Labels for charts $96
Watering cans for the cat room to refill water dishes $27
5111 - Material And Supplies Total $7,872
5112 - Small Tools And Equipment
Maintenance for microscope $195
5112 - Small Tools And Equipment Total $195
5132 - Meetings And Conferences
DVM Conference for RVT Registered Vet Tech $918
5132 - Meetings And Conferences Total $918
Animal Services Total $8,985
124 - Animal Control Total $8,985
Packet Page 000532
City of San Bernardino
Purchasing Card Charges by Department
October-2024 Expenditures
Fund/Department/Account/Description P-Card Charges
126 - Gas Tax Fund
Public Works
5111 - Material And Supplies
PAINT SUPPLIES FOR CITY MURALS $1,547
5111 - Material And Supplies Total $1,547
5133 - Education And Training
Arborist ISA $200
Traffic Signals Technician II IMSA $300
5133 - Education And Training Total $500
Public Works Total $2,047
126 - Gas Tax Fund Total $2,047
131 - CDBG-CV 1
Community Development & Housing
5111 - Material And Supplies
Housing supplies.$9
5111 - Material And Supplies Total $9
Community Development & Housing Total $9
131 - CDBG-CV 1 Total $9
635 - Fleet Services Fund
Public Works
5122 - Dues And Subscriptions
Fleet's September 2024 prime membership $16
5122 - Dues And Subscriptions Total $16
Public Works Total $16
635 - Fleet Services Fund Total $16
679 - Information Technology
Information Technology
5102 - Computer Equip-Non Capital
HDMI extender for building 201B 3rd floor meeting room.$163
5102 - Computer Equip-Non Capital Total $163
5111 - Material And Supplies
Ipad screen replacement.$402
Return Avigilon Intercom Device $37
5111 - Material And Supplies Total $439
5132 - Meetings And Conferences
Parking fee for Cyber Ecosystem Leadership Forum at Cal State Sa $10
5132 - Meetings And Conferences Total $10
5157 - Telephone Charges
City-Wide Port Fees $1,202
5157 - Telephone Charges Total $1,202
5167 - Software Maintenance
Constant Contact Mass Mailing Service for CM Office $215
SBPL.org domain renewal.$46
5167 - Software Maintenance Total $261
Information Technology Total $2,076
679 - Information Technology Total $2,076
Grand Total $74,796
Packet Page 000533
15. American Rescue Plan Update (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file a report on the American Rescue Plan Act (ARPA) funds
allocation and expenditures to date.
Packet Page 000534
2
4
8
3
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance and Management Services
Subject:American Rescue Plan Update (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file a report on the American Rescue Plan Act (ARPA) funds
allocation and expenditures to date.
Executive Summary
The City of San Bernardino was awarded $77,656,407 in American Rescue Plan Act
(ARPA) funds. The City received 2 tranches, half of the funds in May 2021, and the
remainder of the funds in May of 2022. This staff report is to provide an update on the
projects obligated by the ARPA funds and expenditures reported to date.
Background
The U.S. Treasury required ARPA funds to be obligated by December 31, 2024 and
fully expended by December 31, 2026. City staff worked to get contracts and inter-
agency agreements in place by the required date of December 31, 2024. U.S. Treasury
issued the final rule for the use of the funds on January 6, 2022, providing clarification
on allowable investments, but generally not expanding the list of eligible projects and
programs. The City operated within the guidance, focusing on investments in Qualified
Census Tracts (QCTs) and other allowable investments based on the Enumerated Use
Categories as well as expenditures within the revenue loss (standard allowance)
category.
To date, Mayor and City Council have obligated the total $77,656,407 in ARPA funds
prior to the December 31, 2024 obligation deadline.
Packet Page 000535
2
4
8
3
Discussion
On December 18, 2024, the Mayor and City Council approved the final allocation in the
amount of $129,948 in additional ARPA funds to the Street Segment Repair Program
(originally approved by Council on December 4, 2024). The City completed all of the
requirements to fully obligate ARPA funds. Projects are in various stages to completion
and staff intends to provide routine updates to the Mayor and City Council on the
progress to fully expend these funds prior to the December 31, 2026 deadline.
Attachment 1 is provided as an update on the ARPA funds allocation and expenditures
to date.
2021-2025 Strategic Targets and Goals
Investments in the community using the American Rescue Plan funds support Key
Strategic Goal 2. Focused, Aligned Leadership and Unified Community, b. Evaluate
operations and performance, investment in resources, technology, and tools to
continually improve organizational efficiency and effectiveness; and Goal 3. Improved
Quality of Life.
Fiscal Impact
There is no General Fund impact associated with approval of this item. There are
sufficient ARPA funds in the approved budget to fund the Street Segment Repair
Project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file a report on the American Rescue Plan Act (ARPA) funds
allocation and expenditures to date.
Attachments
Attachment 1- American Rescue Plan (ARPA) Allocation and Expenditure Update
Ward:
All Wards
Synopsis of Previous Council Actions:
December 18, 2024 Mayor and City Council received an update on ARPA
funding and approved the final allocation of $129,948
in additional ARPA funds to the Asphalt Maintenance
and Street Segment Repair Project.
December 4, 2024 Mayor and City Council approved staff’s
recommendation to reallocate $2,955,215 for the
Asphalt Maintenance and Street Segment Repair
Packet Page 000536
2
4
8
3
Project and $2,650,000 towards the purchase of Palm
Field.
October 2, 2024 Mayor and City Council received an update on ARPA
funding and projects and approved staff
recommendations for unallocated or project surplus
and staff direction on reallocation of funds. New
Projects presented for approval were the Police Real
Time Information Center in the amount of $2,497,500.
Economic Development Software Program in the
amount of $ 129,948, and the Library Animaker Space
in the amount of $1,797,174.
September 18, 2024 Mayor and City Council received an update on ARPA
funding and projects and provided staff direction on any
unassigned ARPA funds.
June 5, 2024 Mayor and City Council approved $863,851 in ARPA
funds for the Guadalupe Field at Sal Saavedra Park
Revitalization Project.
April 17, 2024 Mayor and City Council approved $655,000 in ARPA
funds for the Encanto Community Center.
September 6, 2023 Mayor and City Council approved $5,145,000 in ARPA
funds for “Hero Pay” to city and water department
employees.
August 16, 2023 Mayor and City Council approved $500,000 in ARPA
funds related to various nuisance and property
abatement costs.
July 19, 2023 Mayor and City Council received and filed an update
on ARPA funds, and adopted Resolution No. 2023-107
assigning $10,000,000 in American Rescue Plan Act
funds for the replacement of the City’s Enterprise
Resource Planning System, and amending the FY
2022/23-2024/24 Biennial Budget by $10,000,000.
May 17, 2023 Mayor and City Council reallocated unspent funding
from the ASU Temporary Housing and the full
allocation from the San Bernardino Valley College for
a total of $973,500 for interim housing during
development of the SB Hope Campus.
Packet Page 000537
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4
8
3
December 7, 2022 Mayor and City Council Adopted Resolution No. 2022-
26 Amending the FY 2021/22 Operating and Capital
Budget allocating $24,650,000 in ARPA funds.
February 2, 2022 Mayor and City Council Adopted Resolution No. 2022-
26 Amending the FY 2021/22 Operating and Capital
Budget allocating $24,050,000 in ARPA funds
October 20, 2021 Mayor and City Council Adopted Resolution No. 2021-
247 Amending the FY 2021/22 Operating and Capital
Budget allocating $8,160,000 in ARPA funds.
August 4, 2021 Mayor and City Council received a report and
discussed the categories for spending the City’s
American Rescue Plan Allocation.
March 17, 2021 Mayor and City Council received a presentation on the
American Rescue Plan from Congressman Pete
Aguilar.
Packet Page 000538
American Rescue Plan Act Fund Status
Department Project title Allocated Obligated Spent Allocated Obligated via
Contractor/
Subrecipient
Obligated via
Interagency
Agreement
Expenditures as
of 1/2/2025
Economic Development 1 Small Business Non-Profit Assistance 3,126,300 2,575,000 2,575,000 3,126,300 - - 3,126,300
Economic Development 2 Entrepreneur Resource Center (Aspen Institute Initiative)1,873,700 1,873,700 1,873,700 1,873,700 - - 1,873,700
Economic Development 3 Façade Improvements (Paintbrush Program)1,000,000 - - 1,000,000 - 1,000,000 -
Parks & Recreation 4 Seccombe Park Renovations 9,000,000 409,588 171,278 12,792,332 1,058,823 11,562,231 171,278
Parks & Recreation 5 Nicholson Park 8,850,000 5,740,403 131,561 7,080,602 5,778,467 - 1,302,135
Parks & Recreation 6 Roosevelt Bowl Renovation 600,000 439,871 80,833 600,000 352,919 166,248 80,833
Parks & Recreation 7 Lytle Creek Soccer Fields 600,000 7,502 7,502 600,000 592,498 - 7,502
Parks & Recreation 8 Guadalupe Fields 2,063,851 863,851 - 863,851 863,851 - -
Parks & Recreation 9 Encanto Community Center - - - - - - -
City Services 10 Graffiti Abatement 1,000,000 320,462 320,389 1,000,000 401,163 262,871 335,966
City Services 11 Violence Intervention Program 1,000,000 750,000 511,588 750,000 133,443 104,969 511,588
City Services 12 Police Real Time Information System - - - 2,497,500 2,497,500 - -
City Services 13 Library Animakerspace - - - 1,797,174 1,091,409 705,765 -
Public Works Infrastructure 14 Street Improvements - - - 3,335,163 3,335,163 - -
Water Infrastructure 15 Water Infrastructure Lead Connectors 5,160,000 - - 3,000,000 - - 3,000,000
Homelessness Initiatives 16 Lutheran Social Services Community Wellness Center Homekey Project 5,000,000 5,000,000 - 5,000,000 5,000,000 - -
Homelessness Initiatives 17 Motel Voucher Program 973,500 - - 973,500 973,500 - -
Homelessness Initiatives 18 Navigation Center Construction 12,450,000 376,450 160,610 11,344,785 11,184,175 - 160,610
Homelessness Initiatives 19 Navigation Center Operations 4,500,000 - - - - - -
Homelessness Initiatives 20 Homelessness Outreach Team 1,500,000 1,500,000 444,577 1,500,000 199,112 680,000 620,888
Homelessness Initiatives 21 Mobile Showers & Laundry 150,000 150,000 99,651 150,000 50,349 - 99,651
Homelessness Initiatives 22 Temporary Housing for ASU Residents 76,500 76,500 76,500 76,500 - - 76,500
Homelessness Initiatives 23 Emergency Nuisance & Building Health & Safety Abatement 500,000 400,024 400,024 500,000 99,976 - 400,024
Homelessness Initiatives 24 Purchase of Property (Palm Field) for Homeless Initiatives 2,650,000 - 2,650,000 -
IT Infrastructure 25 Enterprise Resource Planning System ($10m Standard Allowance)10,000,000 181,397 181,397 6,670,052 367,695 488,655 5,813,702
IT Infrastructure 26 Land Management System ($10m Standard Allowance)3,200,000 816,483 - 2,383,517
Economic Development 27 Economic Development Software Program ($10m Standard Allowance)- - - 129,948 129,948 - -
Staff Salaries 28 Hero Pay 5,145,000 5,145,000 5,145,000 5,145,000 - - 5,145,000
GRAND TOTAL 77,656,407 25,809,748 12,179,609 77,656,407 34,926,474 17,620,740 25,109,194
Reported to Treasury in Q3 (Sep-2024)
on 10/30/2024
Revised Obligation as of 1/2/2025
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16. Approving Job Classifications and Amending the Citywide Classification and
Compensation Plan
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, adopt Resolution No. 2025-012:
1. Establishing salary assignments for the classifications of Homeless Outreach
Specialist Homeless Outreach Coordinator, Police Records Manager, Police
Dispatch Manager, Economic Development Specialist, Senior Economic
Development Manager and Veterinarian; and
2. Amending the City-wide salary schedule for full-time, part-time, temporary, and
seasonal positions.
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Andrea Russell, Director of Human Resources
Department:Human Resources and Risk Management
Subject:Approving Job Classifications and Amending the
Citywide Classification and Compensation Plan
Recommendation:
Adopt Resolution No. 2025-012 of the Mayor and City Council of the City of San
Bernardino, California:
1. Establishing salary assignments for the classifications of Homeless Outreach
Specialist Homeless Outreach Coordinator, Police Records Manager, Police
Dispatch Manager, Economic Development Specialist, Senior Economic
Development Manager and Veterinarian; and
2. Amending the City-wide salary schedule for full-time, part-time, temporary, and
seasonal positions.
Executive Summary
In an effort to ensure a competitive recruitment and salary plan for new and existing
classifications, it is necessary to amend the City’s Classification and Compensation
plan from time to time to maintain a current plan which reflects the organizational
structure, workload, and to remain competitive and within market parity.
Background
Upon adoption of the Fiscal Year 2024-2025 budget, the Mayor and City Council
approved the addition of 15 full-time equivalent (FTE) positions, for a total of 951 FTE
positions in the Classification and Compensation plan, otherwise knows as the
Personnel System. At that time, there were 158 vacant positions.
As of 2024 calendar year-end, approximately 100 positions in the Personnel System.
It is necessary to amend the City’s Classification and Compensation plan to maintain
a current plan which reflects the organizational structure, workload, and market.
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In an effort to fully staff all departments and improve service delivery, it is
recommended to fix and alter job classifications including titles, descriptions,
compensation and number of positions in the Personnel System will allow for an
expeditious, effective and efficient process of improving successful recruitment and
reduce job vacancies.
Discussion
The positions and considerations requested include the following:
HOUSING AND HOMELESS
The Community Development & Housing Department was awarded a grant under the
Encampment Resolution Fund Round 3 (ERF-R-3), and the Mayor and City approved
the acceptance of funds and the addition of two (2) new classifications on December
4, 2024.
•Homeless Outreach Coordinator, Bargaining Unit: Management, Salary Range:
532, ($7012.91 - $8,524.73/monthly). This position is responsible for oversight
of the Homeless Outreach Program and providing complex outreach,
engagement, and case management for unhoused individuals.
•Homeless Outreach Specialist, Bargaining Unit: General, Salary Range: 464,
($5126.92 - $6,231.99/monthly). This classification is responsible for providing
routine outreach, engagement and case management services for unhoused
individuals.
POLICE
With the FY24/25 Budget adoption, the addition of one (1) Police Dispatch Manager,
and one (1) Police Records Manager. Human Resources & Risk Management staff
has completed an initial external salary survey and internal comparison, and the results
indicate that the average maximum salary of classifications comparable to the City’s
Police Records Manager at other agencies are approximately 25.6% behind the
average market salary. Based on these results, staff recommends reassigning both
classifications to Range 568 of the Middle Management Salary Range ($8,406.85 -
$10,459.50/monthly). This range brings these classifications closer to market and will
assist the City in attracting and retaining qualified candidates for these two critical
vacant positions.
ANIMAL SERVICES – VETERINARIAN
Finding a full-time Shelter Veterinarian has been extremely difficult. In response, a
salary survey was conducted utilizing data from public agencies throughout the state.
The average max salary for full-time veterinarians is $18,088/monthly, which equates
to $104.35/hourly. Due to the part-time non-benefited status of this classification, it is
customary to offset this status with higher hourly wages. Staff recommends placing
the Veterinarian (PT) at PTH range 725 ($105.75-$128.53/hourly).
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ECONOMIC DEVELOPMENT
Two vacant positions are currently classified as Economic Development Managers. By
upgrading one of them to a Senior Economic Development Manager and changing the
other to an additional Economic Development Specialist, the department will be in a
better position for recruitment as well as streamlining reporting and work efficiency.
The changes will also lead to cost saving for approximately $5,000 for the department
as outlined below.
Current breakdown:
Economic Development Manager - $117,621.96
Economic Development Manager - $117,621.96
Total Max Annual Salary: $235,243.92
New breakdown:
Economic Development Specialist - $87,198.48
Senior Economic Development Manager - $143,142.52
Total Max Annual Salary: $230,341.00
2021-2025 Strategic Targets and Goals
Approving classification and compensation plan recommendations for the City aligns
with Key Target No. 2: Focused, Aligned Leadership and Unified Community by
enabling the City to improve service delivery and function more efficiently; and Key
Target 2b: Focused, Aligned Leadership and Unified Community by building a culture
that attracts, retains, and motivates the highest quality of talent.
Fiscal Impact
There is no fiscal impact to the City’s expenditure budget.
Conclusion
Adopt Resolution No. 2025-012 of the Mayor and City Council of the City of San
Bernardino, California:
1. Establishing salary assignments for the classifications of Homeless Outreach
Specialist Homeless Outreach Coordinator, Police Records Manager, Police
Dispatch Manager, Economic Development Specialist, Senior Economic
Development Manager and Veterinarian; and
2. Amending the City-wide salary schedule for full-time, part-time, temporary, and
seasonal positions.
Attachments
Attachment 1 Resolution 2025-012
Attachment 2 Resolution 2024-012 Exhibit A – City-wide Salary
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Schedule
Ward:
All Wards
Synopsis of Previous Council Actions:
June 26, 2024 Mayor and City Council adopted Resolution No. 2024-143
amending the City-wide salary schedule for full time, part-time, temporary, and
seasonal positions.
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Resolution No. 2025-012
Resolution 2025-012
January 15, 2025
Page 1 of 3
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RESOLUTION NO. 2025-012
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING
CLASSIFICATIONS AND AMENDING THE CITYWIDE
SALARY SCHEDULE.
WHEREAS, in an effort to ensure a competitive recruitment and salary plan for new and
existing classifications, it is necessary to amend the City’s Classification and Compensation plan
from time to time to maintain a current plan which reflects the organizational structure,
workload, and to remain competitive and within market parity; and
WHEREAS, as of 2024 calendar year-end, approximately 100 positions in the Personnel
System. It is necessary to amend the City’s Classification and Compensation plan to maintain a
current plan which reflects the organizational structure, workload, and market; and
WHEREAS, in an effort to fully staff all departments and improve service delivery, it is
recommended to fix and alter job classifications including titles, descriptions, compensation and
number of positions in the Personnel System will allow for an expeditious, effective and efficient
process of improving successful recruitments and reducing job vacancies; and
WHEREAS, the salary schedule includes all adopted and approved classification and
salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement
Systems (CalPERS) pay rate reporting requirements in accordance to Government Code
Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR)
Section 570.5.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The Homeless Outreach Coordinator, Bargaining Unit: Management,
Salary Range: 532, ($7012.91 - $8,524.73/monthly); and the Homeless Outreach Specialist,
Bargaining Unit: General, Salary Range: 464, ($5126.92 - $6,231.99/monthly), are hereby
approved.
SECTION 2. The compensation updates of the Police Records Manager, Middle
Management Salary Range ($8,406.85 - $10,459.50/monthly), and the Police Dispatch Manager,
Middle Management Salary Range ($8,406.85 - $10,459.50/monthly), are hereby approved.
SECTION 3. The Veterinarian – Per Diem, Not Represented, Salary ($187.50/hourly), is
hereby approved.
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Resolution No. 2025-012
Resolution 2025-012
January 15, 2025
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SECTION 4. The reclassification of two (2) vacant Economic Development Managers,
Management Range 560 ($8,064.17 – $9,801.83/Monthly) to Senior Economic Development
Manager, Management Salary Range 600 ($9,845.21 – $11,966.66/monthly), and Economic
Development Specialist, Confidential Unit Range 500, ($5,978.32 – $7,266.54) is hereby
approved.
SECTION 5.The City-wide salary schedule for all City of San Bernardino’s
classifications attached hereto and incorporated herein as Exhibit “A”, is hereby approved.
SECTION 6. 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 7.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. 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 __________ 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-012
Resolution 2025-012
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-012, adopted at a regular meeting held on the ___ day of _______ 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page 000547
City of San Bernardino Salary Schedule
Effective 1.16.25
CLASS
CODE CLASSIFICATION TITLE UNIT SALARY
RANGE
BOTTOM
STEP TOP STEP MONTHLY/
HOURLY
30011 ACCOUNTANT I (FLEX)GEN 465 $5,152.04 $6,262.81 MONTHLY
30012 ACCOUNTANT II GEN 485 $5,693.15 $6,920.37 MONTHLY
10012 ACCOUNTANT II - PAYROLL CONF 485 $5,547.80 $6,743.69 MONTHLY
20013 ACCOUNTANT III MID MGT 520 $6,773.01 $8,233.00 MONTHLY
10860 ACCOUNTING DIVISION MANAGER (U)MGT 608 $10,245.69 $12,453.91 MONTHLY
30017 ACCOUNTING TECHNICIAN I (FLEX)GEN 399 $3,707.91 $4,505.89 MONTHLY
33017 ACCOUNTING TECHNICIAN I (FLEX) - POLICE PD GEN 399 $3,707.91 $4,505.89 MONTHLY
30018 ACCOUNTING TECHNICIAN II GEN 419 $4,096.06 $4,978.51 MONTHLY
33018 ACCOUNTING TECHNICIAN II - POLICE PD GEN 419 $4,096.06 $4,978.51 MONTHLY
30758 ACCOUNTING TECHNICIAN III GEN 437 $4,480.78 $5,446.57 MONTHLY
10508 ADMINISTRATIVE ANALYST I FLEX (U)CONF 496 $5,860.40 $7,123.04 MONTHLY
10510 ADMINISTRATIVE ANALYST II (U)CONF 526 $6,805.99 $8,273.31 MONTHLY
33603 ADMINISTRATIVE ASSISTANT GEN 400 $3,726.18 $4,528.72 MONTHLY
33709 ADMINISTRATIVE ASSISTANT - POLICE PD GEN 400 $3,726.18 $4,528.72 MONTHLY
33165 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)CONF 464 $4,996.03 $6,072.88 MONTHLY
33707 ADMINISTRATIVE ASSISTANT TO THE CITY MANAGER (U)CONF 410 $3,816.83 $4,638.93 MONTHLY
33166 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)CONF 410 $3,816.83 $4,638.93 MONTHLY
10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)CONF 430 $4,217.31 $5,125.07 MONTHLY
10534 ADMINISTRATIVE CLAIMS SPECIALIST CONF 420 $4,011.51 $4,875.88 MONTHLY
20457 ADMINISTRATIVE SERVICES SUPERVISOR MID MGT 484 $5,659.76 $6,879.09 MONTHLY
10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) MGT 535 $7,118.59 $8,652.66 MONTHLY
30140 ANIMAL CONTROL OFFICER I (FLEX)GEN 411 $3,936.23 $4,784.44 MONTHLY
30141 ANIMAL CONTROL OFFICER II GEN 424 $4,199.94 $5,105.23 MONTHLY
30092 ANIMAL LICENSE INSPECTOR GEN 370 $3,207.89 $3,899.70 MONTHLY
20320 ANIMAL SERVICES MANAGER MID MGT 526 $6,978.32 $8,482.80 MONTHLY
City of San Bernardino 24/25 Salary Schedule
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City of San Bernardino Salary Schedule
Effective 1.16.25
30130 ANIMAL SERVICES REPRESENTATIVE GEN 370 $3,207.89 $3,899.70 MONTHLY
20319 ANIMAL SERVICES SUPERVISOR MID MGT 478 $5,493.23 $6,677.20 MONTHLY
30119 ANIMAL SHELTER ATTENDANT GEN 370 $3,207.89 $3,899.70 MONTHLY
00300 APPRENTICE (PT)NA 381 $17.13 $20.82 HOURLY
20620 AQUATICS SUPERVISOR MID MGT 468 $5,225.19 $6,352.12 MONTHLY
30400 ARBORIST GEN 452 $4,828.96 $5,870.10 MONTHLY
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST GEN 500 $6,134.95 $7,456.92 MONTHLY
10492 ASSISTANT BUILDING OFFICIAL MGT 583 $9,044.25 $10,993.26 MONTHLY
30271 ASSISTANT BUYER GEN 430 $4,327.80 $5,259.35 MONTHLY
50141 ASSISTANT CHIEF OF POLICE PMA P6 $24,632.73 $24,632.73 MONTHLY
10644 ASSISTANT CITY MANAGER (U)EXEC 705 $16,621.16 $20,201.04 MONTHLY
30312 ASSISTANT LITERACY PROGRAM COORDINATOR GEN 365 $3,129.12 $3,803.81 MONTHLY
30168 ASSISTANT PLANNER (FLEX)GEN 502 $6,196.60 $7,532.27 MONTHLY
10216 ASSISTANT TO THE CITY MANAGER (U)MGT 580 $8,910.75 $10,830.84 MONTHLY
10104 ASSISTANT TO THE MAYOR I (U)MGT 430 $4,217.31 $5,125.07 MONTHLY
10105 ASSISTANT TO THE MAYOR II (U)MGT 480 $5,410.97 $6,576.82 MONTHLY
10106 ASSISTANT TO THE MAYOR III (U)MGT 530 $6,943.93 $8,440.18 MONTHLY
10107 ASSISTANT TO THE MAYOR IV (U)MGT 580 $8,910.75 $10,830.84 MONTHLY
20169 ASSOCIATE PLANNER MID MGT 530 $7,119.76 $8,653.89 MONTHLY
10042 AUDITOR I CONF 515 $6,443.33 $7,831.67 MONTHLY
10043 AUDITOR II CONF 537 $7,189.79 $8,739.43 MONTHLY
00194 BACKGROUND INVESTIGATOR (PT)NA 493 $29.94 $36.39 HOURLY
10060 BUDGET DIVISION MANAGER (U)MGT 608 $10,245.69 $12,453.91 MONTHLY
10062 BUDGET OFFICER MGT 581 $8,955.25 $10,884.24 MONTHLY
20250 BUILDING INSPECTION SUPERVISOR MID MGT 542 $7,558.90 $9,187.70 MONTHLY
30072 BUILDING INSPECTOR I (FLEX)GEN 460 $5,025.32 $6,108.70 MONTHLY
30073 BUILDING INSPECTOR II GEN 487 $5,750.23 $6,988.87 MONTHLY
City of San Bernardino 24/25 Salary Schedule
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City of San Bernardino Salary Schedule
Effective 1.16.25
30074 BUILDING INSPECTOR III GEN 511 $6,480.86 $7,878.17 MONTHLY
10500 BUILDING OFFICIAL (U)MGT 613 $10,504.90 $12,767.63 MONTHLY
30502 BUSINESS REGISTRATION INSPECTOR GEN 459 $5,000.20 $6,077.87 MONTHLY
20263 BUSINESS REGISTRATION MANAGER MID MGT 530 $7,119.76 $8,653.89 MONTHLY
30650 BUSINESS REGISTRATION REPRESENTATIVE I GEN 419 $4,096.06 $4,978.51 MONTHLY
30651 BUSINESS REGISTRATION REPRESENTATIVE II GEN 429 $4,306.11 $5,233.09 MONTHLY
20271 BUYER MID MGT 460 $5,021.01 $6,103.46 MONTHLY
10870 CAPITAL IMPROVEMENT PROJECT MANAGER MGT 591 $9,412.47 $11,441.58 MONTHLY
30292 CEMETERY CARETAKER GEN 395 $3,633.71 $4,416.85 MONTHLY
10398 CHIEF DEPUTY CITY CLERK (U)MGT 565 $8,267.75 $10,049.90 MONTHLY
50280 CHIEF OF POLICE EXEC NA $29,336.84 $29,336.84 MONTHLY
10399 CITY CLERK (U)NA 636 $10,590.00 $12,873.00 MONTHLY
00601 CITY COUNCIL NA NA $3,125.00 $3,125.00 MONTHLY
10370 CITY MANAGER (U)MGT NA $27,814.58 $27,814.58 MONTHLY
10801 CITY PLANNER (U)MGT 629 $11,377.06 $13,828.91 MONTHLY
10495 CIVIL ENGINEERING DIVISION MANAGER (U)MGT 620 $10,877.57 $13,221.51 MONTHLY
10273 CODE ENFORCEMENT DIVISION MANAGER (U)MGT 563 $8,185.43 $9,949.78 MONTHLY
30450 CODE ENFORCEMENT OFFICER I (FLEX)GEN 441 $4,570.96 $5,556.16 MONTHLY
30455 CODE ENFORCEMENT OFFICER II GEN 472 $5,335.83 $6,485.42 MONTHLY
10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR CONF 482 $5,465.48 $6,643.57 MONTHLY
30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT GEN 420 $4,116.61 $5,003.63 MONTHLY
30890 COMMUNITY DEVELOPMENT TECHNICIAN GEN 446 $4,686.26 $5,696.58 MONTHLY
30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR GEN 438 $4,503.61 $5,473.97 MONTHLY
10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)MGT 600 $9,845.21 $11,966.66 MONTHLY
30754 COMMUNITY POLICING SPECIALIST GEN 470 $5,282.18 $6,421.49 MONTHLY
20923 COMMUNITY RECREATION MANAGER MID MGT 556 $8,105.25 $9,851.54 MONTHLY
30821 COMMUNITY RECREATION PROGRAM COORDINATOR GEN 388 $3,509.27 $4,266.15 MONTHLY
City of San Bernardino 24/25 Salary Schedule
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City of San Bernardino Salary Schedule
Effective 1.16.25
20925 COMMUNITY RECREATION PROGRAM SUPERVISOR MID MGT 488 $5,773.82 $7,018.24 MONTHLY
20504 COMMUNITY SERVICES CENTER SUPERVISOR MID MGT 458 $4,971.97 $6,043.01 MONTHLY
33758 COMMUNITY SERVICES OFFICER PD GEN 427 $4,262.73 $5,181.72 MONTHLY
20781 COMMUNITY SERVICES OFFICER SUPERVISOR MID MGT 480 $5,547.98 $6,743.35 MONTHLY
30990 COMMUNITY SERVICES PROGRAM COORDINATOR GEN 438 $4,503.61 $5,473.97 MONTHLY
20424 CONSTRUCTION MANAGER MID MGT 585 $9,366.78 $11,384.54 MONTHLY
10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)CONF 506 $6,160.77 $7,487.92 MONTHLY
30604 CRIME ANALYSIS SUPPORT ASSISTANT GEN 400 $3,726.18 $4,528.72 MONTHLY
33603 CRIME ANALYST PD GEN 493 $5,924.90 $7,201.21 MONTHLY
00605 CRIME DATA TECHNICIAN (PT)NA 368 $16.05 $19.51 MONTHLY
20600 CRIME FREE PROGRAM COORDINATOR MID MGT 490 $5,832.00 $7,088.96 MONTHLY
33602 CRIMINAL INVESTIGATION OFFICER PD GEN 493 $5,924.90 $7,201.21 MONTHLY
00054 CUSTODIAL AIDE (PT)NA 368 $16.05 $19.51 HOURLY
20616 CUSTODIAL SUPERVISOR MID MGT 477 $5,465.86 $6,642.98 MONTHLY
30621 CUSTODIAN GEN 368 $3,175.93 $3,860.89 MONTHLY
30222 CUSTOMER SERVICE REPRESENTATIVE GEN 386 $3,475.03 $4,223.92 MONTHLY
30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)GEN 396 $3,651.97 $4,439.68 MONTHLY
30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)GEN 396 $3,651.97 $4,439.68 MONTHLY
30224 CUSTOMER SERVICE REPRESENTATIVE (U)GEN 386 $3,475.03 $4,223.92 MONTHLY
30100 DATA ANALYST GEN 444 $4,640.60 $5,640.64 MONTHLY
10650 DEPUTY CITY CLERK I (U)CONF 490 $5,687.97 $6,913.90 MONTHLY
10654 DEPUTY CITY CLERK II (U)MGT 530 $6,943.93 $8,440.18 MONTHLY
9372 DEPUTY CITY MANAGER (U)EXECUTIVE 700 $16,211.78 $19,704.88 MONTHLY
10675 DEPUTY DIRECTOR OF ANIMAL SERVICES (U)MGT 619 $10,823.06 $13,155.87 MONTHLY
10124 DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U)MGT 629 $11,377.06 $13,828.91 MONTHLY
10066 DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)MGT 629 $11,377.06 $13,828.91 MONTHLY
10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)MGT 629 $11,377.06 $13,828.91 MONTHLY
City of San Bernardino 24/25 Salary Schedule
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City of San Bernardino Salary Schedule
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10610 DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)MGT 629 $11,377.06 $13,828.91 MONTHLY
10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)MGT 629 $11,377.06 $13,828.91 MONTHLY
10830 DEPUTY DIRECTOR OF OPERATIONS (U)MGT 629 $11,377.06 $13,828.91 MONTHLY
10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)MGT 629 $11,377.06 $13,828.91 MONTHLY
10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)MGT 678 $14,526.41 $17,656.86 MONTHLY
10802 DEPUTY DIRECTOR/CITY PLANNER (U)MGT 662 $13,412.85 $16,303.00 MONTHLY
10400 DEPUTY LIBRARY DIRECTOR (U)MGT 575 $8,690.48 $10,563.86 MONTHLY
40466 DETECTIVE/CORPORAL POA P2 $8,983.07 $11,780.88 MONTHLY
10685 DIRECTOR OF ANIMAL SERVICES (U)EXECUTIVE 630 $11,433.79 $13,897.88 MONTHLY
09526 DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)EXECUTIVE 662 $13,412.85 $16,303.00 MONTHLY
09527 DIRECTOR OF ECONOMIC DEVELOPMENT (U)EXECUTIVE 662 $13,412.85 $16,303.00 MONTHLY
09710 DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)EXECUTIVE 692 $15,577.68 $18,933.95 MONTHLY
09665 DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)EXECUTIVE 660 $13,279.35 $16,140.58 MONTHLY
10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)EXECUTIVE 660 $13,279.35 $16,140.58 MONTHLY
10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)EXECUTIVE 662 $13,412.85 $16,303.00 MONTHLY
09753 DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)EXECUTIVE 692 $15,577.68 $18,933.95 MONTHLY
20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST MID MGT 560 $8,268.36 $10,050.01 MONTHLY
10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)MGT 590 $9,365.74 $11,384.85 MONTHLY
10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)MGT 600 $9,845.21 $11,966.66 MONTHLY
10119 ECONOMIC DEVELOPMENT MANAGER (U)MGT 560 $8,064.17 $9,801.83 MONTHLY
10127 ECONOMIC DEVELOPMENT PROJECT MANAGER MGT 560 $8,064.17 $9,801.83 MONTHLY
10120 ECONOMIC DEVELOPMENT SPECIALIST CONF 500 $5,978.32 $7,266.54 MONTHLY
30831 ELECTRICIAN I (FLEX)GEN 445 $4,663.43 $5,668.04 MONTHLY
30841 ELECTRICIAN II GEN 465 $5,152.04 $6,262.81 MONTHLY
10367 EMERGENCY OPERATIONS MANAGER MGT 565 $8,267.75 $10,049.90 MONTHLY
30432 ENGINEERING ASSISTANT I (FLEX)GEN 450 $4,781.02 $5,811.88 MONTHLY
30434 ENGINEERING ASSISTANT II GEN 475 $5,415.74 $6,583.60 MONTHLY
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30436 ENGINEERING ASSISTANT III GEN 511 $6,480.86 $7,878.17 MONTHLY
20441 ENGINEERING ASSOCIATE MID MGT 532 $7,190.48 $8,740.58 MONTHLY
10180 ENGINEERING PROJECT MANAGER MGT 590 $9,365.74 $11,384.85 MONTHLY
30445 ENGINEERING TECHNICIAN GEN 446 $4,686.26 $5,696.58 MONTHLY
10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER MGT 532 $7,012.91 $8,524.73 MONTHLY
30420 ENVIRONMENTAL PROGRAMS COORDINATOR GEN 464 $5,126.92 $6,231.99 MONTHLY
20444 ENVIRONMENTAL PROJECT MANAGER MID MGT 560 $8,268.36 $10,050.01 MONTHLY
20024 EQUIPMENT MAINTENANCE MANAGER MID MGT 551 $7,905.64 $9,609.73 MONTHLY
20025 EQUIPMENT MAINTENANCE SUPERVISOR MID MGT 523 $6,875.66 $8,357.33 MONTHLY
30921 EQUIPMENT MECHANIC I (FLEX)GEN 431 $4,348.35 $5,285.60 MONTHLY
30902 EQUIPMENT MECHANIC II GEN 450 $4,781.02 $5,811.88 MONTHLY
30943 EQUIPMENT SERVICE WORKER GEN 408 $3,878.01 $4,713.66 MONTHLY
30707 EXECUTIVE ASSISTANT GEN 430 $4,327.80 $5,259.35 MONTHLY
33707 EXECUTIVE ASSISTANT - POLICE PD GEN 430 $4,327.80 $5,259.35 MONTHLY
10707 EXECUTIVE ASSISTANT (U)CONF 430 $4,217.31 $5,125.07 MONTHLY
10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)CONF 464 $4,996.03 $6,072.88 MONTHLY
10978 EXECUTIVE ASSISTANT TO MAYOR (U)CONF 502 $6,038.40 $7,339.97 MONTHLY
10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)CONF 502 $6,038.40 $7,339.97 MONTHLY
10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)MGT 550 $7,671.48 $9,325.70 MONTHLY
00083 EXTRA RELIEF HEAVY LABORER (PT)NA 368 $16.05 $19.51 HOURLY
10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)MGT 591 $9,412.47 $11,441.58 MONTHLY
30623 FACILITIES MAINTENANCE MECHANIC GEN 420 $4,116.61 $5,003.63 MONTHLY
20092 FACILITIES MAINTENANCE SUPERVISOR MID MGT 515 $6,606.48 $8,029.97 MONTHLY
10512 FINANCIAL ANALYST MGT 532 $7,012.91 $8,524.73 MONTHLY
30506 FLEET PARTS STOREKEEPER GEN 398 $3,688.51 $4,484.20 MONTHLY
30944 FLEET PARTS TECHNICIAN GEN 438 $4,503.61 $5,473.97 MONTHLY
00259 FOOD SERVICE PROGRAM SPECIALIST (PT)NA 368 $16.05 $19.51 HOURLY
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20060 FOOD SERVICE SUPERVISOR MID MGT 478 $5,493.23 $6,677.20 MONTHLY
33165 FORENSICS SPECIALIST I (FLEX)PD GEN 448 $4,734.21 $5,753.66 MONTHLY
33166 FORENSICS SPECIALIST II PD GEN 478 $5,497.94 $6,682.92 MONTHLY
20160 FORENSICS SUPERVISOR MID MGT 543 $7,596.54 $9,233.33 MONTHLY
20490 FORESTRY SUPERVISOR MID MGT 542 $7,558.90 $9,187.70 MONTHLY
10624 GIS ADMINISTRATOR CONF 580 $8,910.75 $10,830.84 MONTHLY
10623 GIS ANALYST CONF 483 $5,492.18 $6,675.83 MONTHLY
10730 GRANT DIVISION MANAGER (U)MGT 601 $9,894.16 $12,026.73 MONTHLY
10778 GRANT WRITER CONF 506 $6,160.77 $7,487.92 MONTHLY
30133 GRANTS ANALYST GEN 476 $5,443.14 $6,616.71 MONTHLY
30136 GRANTS ASSISTANT GEN 390 $3,544.66 $4,308.39 MONTHLY
20100 GRANTS MANAGER (U)MID MGT 506 $6,316.76 $7,677.52 MONTHLY
30098 GROUNDWORKER ARBORIST GEN 392 $3,580.05 $4,351.77 MONTHLY
30516 HAZMAT TECHNICIAN GEN 452 $4,828.96 $5,870.10 MONTHLY
PENDING HOMELESS OUTREACH COORDINATOR MGT 532 $7,012.91 $8,524.73 MONTHLY
PENDING HOMELESS OUTREACH SPECIALIST GEN 464 $5,126.92 $6,231.99 MONTHLY
30699 HOMELESS SERVICES ASSISTANT GEN 420 $4,116.61 $5,003.63 MONTHLY
10700 HOMELESS SERVICES COORDINATOR MGT 556 $7,905.09 $9,608.26 MONTHLY
10699 HOMELESS SOLUTIONS MANAGER (U)MGT 601 $9,894.16 $12,026.73 MONTHLY
10121 HOUSING COMPLIANCE SPECIALIST MGT 500 $5,978.32 $7,266.54 MONTHLY
10129 HOUSING DIVISION MANAGER (U)MGT 601 $9,894.16 $12,026.73 MONTHLY
10657 HUMAN RESOURCES ANALYST CONF 518 $6,540.11 $7,949.59 MONTHLY
10683 HUMAN RESOURCES ANALYST I CONF 500 $5,978.32 $7,266.54 MONTHLY
10684 HUMAN RESOURCES ANALYST II CONF 518 $6,540.11 $7,949.59 MONTHLY
10682 HUMAN RESOURCES ANALYST TRAINEE CONF 476 $5,304.18 $6,447.78 MONTHLY
10672 HUMAN RESOURCES DIVISION MANAGER (U)MGT 590 $9,365.74 $11,384.85 MONTHLY
10673 HUMAN RESOURCES GENERALIST CONF 490 $5,687.97 $6,913.90 MONTHLY
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30207 HUMAN RESOURCES TECHNICIAN GEN 418 $4,075.51 $4,954.54 MONTHLY
30101 HVAC MECHANIC GEN 460 $5,025.32 $6,108.70 MONTHLY
10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)CONF 498 $5,919.36 $7,195.35 MONTHLY
10626 INFORMATION TECHNOLOGY ANALYST II CONF 520 $6,605.75 $8,029.69 MONTHLY
10637 INFORMATION TECHNOLOGY MANAGER MGT 599 $9,796.26 $11,906.59 MONTHLY
10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR CONF 530 $6,943.93 $8,440.18 MONTHLY
10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)CONF 430 $4,217.31 $5,125.07 MONTHLY
10159 LAND DEVELOPMENT ENGINEER MGT 590 $9,365.74 $11,384.85 MONTHLY
30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)GEN 447 $4,710.24 $5,725.12 MONTHLY
30639 LANDSCAPE & IRRIGATION INSPECTOR II GEN 467 $5,204.55 $6,325.60 MONTHLY
00308 LAW ENFORCEMENT TRAINEE NA NA $34.77 $34.77 HOURLY
30113 LEAD ANIMAL CONTROL OFFICER GEN 437 $4,480.78 $5,446.57 MONTHLY
30080 LEAD BUILDING INSPECTOR GEN 526 $6,984.30 $8,490.07 MONTHLY
30463 LEAD CODE ENFORCEMENT OFFICER GEN 498 $6,074.45 $7,383.86 MONTHLY
30311 LEAD CUSTODIAN GEN 397 $3,670.24 $4,461.37 MONTHLY
30932 LEAD EQUIPMENT MECHANIC GEN 470 $5,282.18 $6,421.49 MONTHLY
20170 LEAD FORENSICS SPECIALIST MID MGT 516 $6,639.56 $8,069.89 MONTHLY
30490 LEAD MAINTENANCE WORKER GEN 452 $4,828.96 $5,870.10 MONTHLY
30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER GEN 471 $5,309.58 $6,453.46 MONTHLY
10319 LEGAL ADMINISTRATIVE ASSISTANT (U)CONF 497 $5,889.33 $7,158.64 MONTHLY
10233 LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)MGT 593 $9,507.03 $11,556.16 MONTHLY
30335 LIBRARIAN I (FLEX)GEN 450 $4,781.02 $5,811.88 MONTHLY
30366 LIBRARIAN II GEN 479 $5,525.34 $6,716.03 MONTHLY
30341 LIBRARY ASSISTANT GEN 370 $3,207.89 $3,899.70 MONTHLY
20388 LIBRARY CIRCULATION SUPERVISOR MID MGT 460 $5,021.01 $6,103.46 MONTHLY
10401 LIBRARY DIRECTOR (U)EXECUTIVE 635 $11,723.03 $14,248.30 MONTHLY
20385 LIBRARY NETWORK ADMINISTRATOR MID MGT 492 $5,890.17 $7,159.68 MONTHLY
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30380 LIBRARY NETWORK TECHNICIAN GEN 422 $4,157.70 $5,053.86 MONTHLY
00361 LIBRARY PAGE (PT)NA 368 $16.05 $19.51 HOURLY
20387 LIBRARY PROGRAM COORDINATOR MID MGT 450 $4,776.92 $5,806.90 MONTHLY
30391 LIBRARY TECHNICIAN I (FLEX)GEN 380 $3,372.28 $4,099.48 MONTHLY
30392 LIBRARY TECHNICIAN II GEN 402 $3,762.71 $4,574.39 MONTHLY
00133 LIFEGUARD (PT)NA 377 $16.79 $20.41 HOURLY
30215 LITERACY PROGRAM COORDINATOR GEN 470 $5,282.18 $6,421.49 MONTHLY
20484 MAINTENANCE SUPERVISOR MID MGT 522 $6,841.45 $8,315.13 MONTHLY
30486 MAINTENANCE WORKER I (FLEX)GEN 393 $3,598.32 $4,373.47 MONTHLY
30487 MAINTENANCE WORKER II GEN 415 $4,015.00 $4,880.34 MONTHLY
30488 MAINTENANCE WORKER III GEN 425 $4,220.49 $5,130.35 MONTHLY
10530 MANAGEMENT ANALYST I (FLEX)MGT 476 $5,304.18 $6,447.78 MONTHLY
10531 MANAGEMENT ANALYST I (FLEX)(U)MGT 476 $5,304.18 $6,447.78 MONTHLY
10532 MANAGEMENT ANALYST II MGT 506 $6,160.77 $7,487.92 MONTHLY
10533 MANAGEMENT ANALYST II (U)MGT 506 $6,160.77 $7,487.92 MONTHLY
10516 MARKETING & MEDIA SPECIALIST CONF 476 $5,304.18 $6,447.78 MONTHLY
33515 MARKETING & PUBLIC RELATIONS SPECIALIST PD GEN 461 $5,050.43 $6,139.52 MONTHLY
00502 MAYOR NA NA $4,166.67 $4,166.67 MONTHLY
10503 MAYOR'S CHIEF OF STAFF (U)MGT 580 $8,910.75 $10,830.84 MONTHLY
10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)MGT 561 $8,104.22 $9,850.77 MONTHLY
10528 NETWORK SYSTEMS ADMINISTRATOR CONF 566 $8,308.91 $10,099.96 MONTHLY
30425 NPDES INSPECTOR I (FLEX)GEN 461 $5,050.43 $6,139.52 MONTHLY
30426 NPDES INSPECTOR II GEN 485 $5,693.15 $6,920.37 MONTHLY
20555 NPDES MANAGER MID MGT 525 $6,944.10 $8,440.60 MONTHLY
10122 OMBUDSPERSON CONF 518 $6,540.11 $7,949.59 MONTHLY
10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)MGT 591 $9,412.47 $11,441.58 MONTHLY
30178 PARK RANGER PD GEN 397 $3,670.24 $4,461.37 MONTHLY
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20178 PARK RANGER SUPERVISOR MID MGT 480 $5,547.98 $6,743.35 MONTHLY
33581 PARKING ENFORCEMENT OFFICER PD GEN 380 $3,372.28 $4,099.48 MONTHLY
20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR MID MGT 534 $7,262.33 $8,828.41 MONTHLY
30611 PARKS MAINTENANCE WORKER I (FLEX)GEN 390 $3,544.66 $4,308.39 MONTHLY
30622 PARKS MAINTENANCE WORKER II GEN 421 $4,137.15 $5,028.74 MONTHLY
10064 PAYROLL SUPERVISOR MGT 521 $6,639.12 $8,069.74 MONTHLY
10068 PAYROLL TECHNICIAN CONF 430 $4,217.31 $5,125.07 MONTHLY
20400 PERMIT SERVICES SUPERVISOR MID MGT 494 $5,949.48 $7,231.54 MONTHLY
30691 PLANNING AIDE GEN 456 $4,926.00 $5,987.69 MONTHLY
10713 PLANNING DIVISION MANAGER (U)MGT 594 $9,554.86 $11,614.01 MONTHLY
30680 PLANS EXAMINER I (FLEX)GEN 499 $6,105.27 $7,420.39 MONTHLY
30682 PLANS EXAMINER II GEN 534 $7,268.56 $8,835.98 MONTHLY
30481 PLUMBER GEN 450 $4,781.02 $5,811.88 MONTHLY
00192 POLICE CADET (PT)NA 368 $16.05 $19.51 HOURLY
00520 POLICE CALL TAKER (PT)NA 396 $19.85 $24.14 HOURLY
50283 POLICE CAPTAIN PMA P5 $20,120.63 $20,120.63 MONTHLY
20775 POLICE DISPATCH MANAGER MID MGT 528 $7,049.04 $8,568.35 MONTHLY
20772 POLICE DISPATCH SUPERVISOR MID MGT 498 $6,069.24 $7,377.54 MONTHLY
32767 POLICE DISPATCHER I (FLEX)PDA 425 $4,270.80 $5,191.49 MONTHLY
32768 POLICE DISPATCHER II PDA 456 $4,984.71 $6,059.05 MONTHLY
33848 POLICE FLEET MAINTENANCE EXPEDITOR PD GEN 398 $3,688.51 $4,484.20 MONTHLY
50402 POLICE LIEUTENANT PMA P4 $17,096.33 $17,096.33 MONTHLY
40751 POLICE OFFICER POA P1 $7,736.00 $10,331.35 MONTHLY
33218 POLICE PERSONNEL AND TRAINING TECHNICIAN PD GEN 457 $4,951.11 $6,018.51 MONTHLY
20761 POLICE RECORDS MANAGER MID MGT 528 $7,049.04 $8,568.35 MONTHLY
20765 POLICE RECORDS SUPERVISOR MID MGT 464 $5,122.53 $6,226.65 MONTHLY
33219 POLICE RECORDS TECHNICIAN I (FLEX)PD GEN 369 $3,191.91 $3,880.29 MONTHLY
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33220 POLICE RECORDS TECHNICIAN II PD GEN 390 $3,544.66 $4,308.39 MONTHLY
40332 POLICE SERGEANT POA P3 $10,165.61 $13,312.72 MONTHLY
30585 POOL MAINTENANCE COORDINATOR GEN 421 $4,137.15 $5,028.74 MONTHLY
00331 POOL MANAGER I (PT)NA 421 $20.91 $25.41 HOURLY
00333 POOL MANAGER II (PT)NA 443 $23.33 $28.36 HOURLY
20019 PRINCIPAL ACCOUNTANT MID MGT 550 $7,865.72 $9,561.83 MONTHLY
10182 PRINCIPAL CIVIL ENGINEER MGT 600 $9,845.21 $11,966.66 MONTHLY
10243 PRINCIPAL PLANNER MGT 613 $10,504.90 $12,767.63 MONTHLY
20864 PROCUREMENT CONTRACT SPECIALIST MID MGT 520 $6,773.01 $8,233.00 MONTHLY
00360 PROGRAMMING/TRAFFIC ASSISTANT NA 400 $18.83 $22.89 HOURLY
10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)MGT 550 $7,671.48 $9,325.70 MONTHLY
10639 PROJECT MANAGER/COMMUNITY SERVICES MGT 550 $7,671.48 $9,325.70 MONTHLY
20949 PROPERTY AND EVIDENCE SUPERVISOR MID MGT 494 $5,949.48 $7,231.54 MONTHLY
33947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)PD GEN 411 $3,936.23 $4,784.44 MONTHLY
33948 PROPERTY AND EVIDENCE TECHNICIAN II PD GEN 472 $5,335.83 $6,485.42 MONTHLY
10212 PUBLIC INFORMATION OFFICER (U)MGT 593 $9,507.03 $11,556.16 MONTHLY
30580 PUBLIC WORKS INSPECTOR I (FLEX)GEN 476 $5,443.14 $6,616.71 MONTHLY
30583 PUBLIC WORKS INSPECTOR II GEN 499 $6,105.27 $7,420.39 MONTHLY
30584 PUBLIC WORKS INSPECTOR III GEN 529 $7,090.47 $8,617.93 MONTHLY
10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER MGT 510 $6,284.25 $7,639.22 MONTHLY
10863 PURCHASING DIVISION MANAGER (U)MGT 598 $9,747.32 $11,847.63 MONTHLY
PENDING RANGEMASTER PD GEN 465 $5,152.04 $6,262.81 MONTHLY
10440 REAL PROPERTY MANAGER MGT 580 $8,910.75 $10,830.84 MONTHLY
10259 RECORDS MANAGEMENT SPECIALIST (U)CONF 460 $4,897.02 $5,952.74 MONTHLY
00222 RECREATION AIDE (PT)NA 368 $16.05 $19.51 HOURLY
00244 RECREATION LEADER (PT)NA 375 $16.62 $20.20 HOURLY
00230 RECREATION SPECIALIST (PT)NA 400 $18.83 $22.89 HOURLY
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00256 RECREATION SUPERVISOR (AQUATICS) (PT)NA 481 $28.20 $34.28 HOURLY
30825 RECREATION THERAPIST GEN 468 $5,229.66 $6,357.56 MONTHLY
30115 REGISTERED VETERINARY TECHNICIAN GEN 450 $4,781.02 $5,811.88 MONTHLY
10690 RISK DIVISION MANAGER (U)MGT 590 $9,365.74 $11,384.85 MONTHLY
10538 SAFETY OFFICER CONF 530 $6,943.93 $8,440.18 MONTHLY
00266 SECURITY OFFICER I (PT)NA 378 $16.88 $20.51 HOURLY
00265 SECURITY OFFICER II (PT)NA 402 $19.02 $23.12 HOURLY
10511 SENIOR ADMINISTRATIVE ANALYST (U)CONF 576 $8,733.87 $10,616.14 MONTHLY
30708 SENIOR ADMINISTRATIVE ASSISTANT GEN 420 $4,116.61 $5,003.63 MONTHLY
30229 SENIOR ANIMAL SERVICES REPRESENTATIVE GEN 390 $3,544.66 $4,308.39 MONTHLY
30410 SENIOR ARBORIST GEN 502 $6,196.60 $7,532.27 MONTHLY
10154 SENIOR CIVIL ENGINEER MGT 581 $8,955.25 $10,884.24 MONTHLY
30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE GEN 435 $4,436.25 $5,392.91 MONTHLY
30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)GEN 445 $4,663.43 $5,668.04 MONTHLY
30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)GEN 445 $4,663.43 $5,668.04 MONTHLY
10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)CONF 435 $4,322.99 $5,255.23 MONTHLY
10632 SENIOR GIS ANALYST CONF 530 $6,943.93 $8,440.18 MONTHLY
10656 SENIOR HUMAN RESOURCES TECHNICIAN CONF 461 $4,921.49 $5,982.77 MONTHLY
10622 SENIOR INFORMATION TECHNOLOGY ANALYST CONF 553 $7,787.17 $9,465.86 MONTHLY
10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN CONF 488 $5,631.24 $6,844.92 MONTHLY
00283 SENIOR LIFEGUARD (PT)NA 396 $18.46 $22.44 HOURLY
10513 SENIOR MANAGEMENT ANALYST MGT 556 $7,905.09 $9,608.26 MONTHLY
10514 SENIOR MANAGEMENT ANALYST (U)MGT 556 $7,905.09 $9,608.26 MONTHLY
10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR CONF 592 $9,460.30 $11,498.32 MONTHLY
30710 SENIOR OFFICE ASSISTANT GEN 375 $3,288.95 $3,997.88 MONTHLY
33710 SENIOR OFFICE ASSISTANT - POLICE PD GEN 375 $3,288.95 $3,997.88 MONTHLY
10223 SENIOR OFFICE ASSISTANT (U)CONF 375 $3,204.98 $3,895.81 MONTHLY
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20243 SENIOR PLANNER MID MGT 567 $8,562.64 $10,407.03 MONTHLY
00294 SENIOR RECREATION LEADER (PT)NA 382 $17.22 $20.93 HOURLY
10300 SHELTER VETERINARIAN MGT 644 $12,260.35 $14,903.54 MONTHLY
30978 SOLID WASTE FIELD INSPECTOR GEN 450 $4,781.02 $5,811.88 MONTHLY
20995 STATION MANAGER MID MGT 490 $5,832.00 $7,088.96 MONTHLY
00019 STUDENT INTERN (PT)NA 368 $16.05 $19.51 HOURLY
10689 SUPERVISING HUMAN RESOURCES ANALYST CONF 559 $8,024.13 $9,752.88 MONTHLY
20336 TECHNOLOGY LIBRARIAN MID MGT 502 $6,191.29 $7,525.82 MONTHLY
10443 TRAFFIC ENGINEER MGT 573 $8,604.83 $10,459.29 MONTHLY
20437 TRAFFIC ENGINEERING ASSOCIATE MID MGT 532 $7,190.48 $8,740.58 MONTHLY
20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST MID MGT 552 $7,945.57 $9,657.64 MONTHLY
20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR MID MGT 533 $7,226.98 $8,783.92 MONTHLY
30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)GEN 450 $4,781.02 $5,811.88 MONTHLY
30448 TRAFFIC SIGNAL TECHNICIAN II GEN 484 $5,664.61 $6,884.98 MONTHLY
30449 TRAFFIC SIGNAL TECHNICIAN III GEN 513 $6,545.93 $7,956.94 MONTHLY
30667 TREASURY ASSISTANT GEN 399 $3,707.91 $4,505.89 MONTHLY
10740 TREASURY MANAGER MGT 598 $9,747.32 $11,847.63 MONTHLY
20666 TREASURY SUPERVISOR MID MGT 502 $6,191.29 $7,525.82 MONTHLY
30125 VETERINARY ASSISTANT GEN 400 $3,726.18 $4,528.72 MONTHLY
30620 VOLUNTEER COORDINATOR GEN 358 $3,021.81 $3,672.52 MONTHLY
30000 WEED ABATEMENT COORDINATOR GEN 462 $5,075.55 $6,170.34 MONTHLY
(U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2024/2025 Salary Schedule and shall be
provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations.
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REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22
REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22
REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22
REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22
REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22
REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22
REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22
REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23
REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 6/21/23
REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/16/23
REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 10/4/23
REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 10/18/23
REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 12/6/23
REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 3/6/24
REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 4/17/24
REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 6/26/24
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
City of San Bernardino 24/25 Salary Schedule
Version Date: 1.16.25
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17. Pre-Approval of Mayor’s Reimbursable Travel for FY 2024/2025 - Yale Mayors
College & 151st CEO Caucus (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, pre-approve the Mayor’s reimbursable travel to Yale Mayors College &
151st CEO Caucus for Fiscal Year 2024/25.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Pre-Approval of Mayor’s Reimbursable Travel for FY
2024/2025 - Yale Mayors College & 151st CEO Caucus
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, pre-approve the Mayor’s reimbursable travel to Yale Mayors College & 151st
CEO Caucus for Fiscal Year 2024/25.
Executive Summary:
The Mayor is requesting the approval of travel to attend the Yale Mayors College &
151st CEO Caucus from March 9 – March 11, 2025. The Mayor is requesting a
reimbursable estimated cost of $550.00 to be used for airfare to attend the conference,
which will be reimbursed by Yale School of Management. There is no fiscal impact to
the Mayor’s annual budget for meetings and conferences.
Background
On August 18, 2021, the Mayor and City Council adopted Resolution 2021-212,
adopting the Travel Authority and Expense Policy that requires all mayoral and council
travel to be preapproved by the Mayor and City Council.
On August 7, 2024, the Mayor and City Council approved travel for elected officials to
attend all events sponsored by the following organizations during FY 2024/24:
•California League of Cities (“Cal Cities”)
•National League of Cities (“NLC”)
•Southern California Association of Governments (“SCAG”)
•San Bernardino County Transportation Authority (“SBCTA”)
•US Conference of Mayors
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•International Council of Shopping Centers (“ICSC”)
•International City/County Management Association (“ICMA”)
Discussion
The Travel Authority and Expense Policy adopted by the Mayor and City Council
requires preapproval by the Mayor and City Council for any travel by an elected
official. The Mayor is requesting to attend the Yale Mayors College & 151st CEO
Caucus from March 9 – March 11, 2025 in Washington, DC.
Registration Comped
Estimated Airfare $550*
Estimated Hotel Comped
Total Cost $550*
*Prior to reimbursement
2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity
- Create a framework for spending decisions.
Fiscal Impact
There is no financial impact to the pre-approval of travel for FY 2024/25. Each
Councilmember has an annual budget for meetings and conferences of $6,600 and
the Mayor has a budget of $6,600.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, pre-approve the Mayor’s specified travel for Fiscal Year 2024/25.
Attachments
Attachment 1 – Travel Authority and Expense Policy
Attachment 2 – Yale Mayors College & 151st CEO Caucus Invitation
Attachment 3 – Yale Mayors College & 151st CEO Caucus Confirmation
Attachment 4 – Estimated Flight Cost
Ward:
All Wards
Synopsis of Previous Council Actions:
August 7, 2024 Mayor and City Council pre-approved travel for elected
officials for FY 2024/24.
August 18, 2021 Mayor and City Council adopted Resolution No. 2021-212
approving the revised Travel Authority and Expense Policy
retroactive to July 21, 2021.
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July 22, 2021 Mayor and City Council adopted Resolution No. 2021-164
approving the Travel Authority and Expense Policy, and
repealing Resolution Nos. 9151 and 89-100.
February 3, 2021 Mayor and City Council provided conceptual support for the
development of a comprehensive administrative policy
manual to ensure that City employees and appointed
officials are operating under a clear set of guidelines that
govern the City.
April 17, 1989 Mayor and City Council adopted Resolution No. 89-100
amending Resolution No. 9151 and providing for
reimbursement for meals at the rate of forty-five dollars
($45.00) per day and repealing Resolution No. 84-226.
June 18, 1984 Mayor and City Council adopted Resolution No. 84-226
amending Resolution 9151 and providing for reimbursement
for meals at the rate of thirty-five dollars ($35.00) per day.
April 29, 1968 Mayor and City Council adopted Resolution No. 9151
establishing a policy for the attendance of City Employees
and Elected Officials at conferences or meetings and set
forth authorized expenses and allowances for expenses
incurred on official business of the City.
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City of San Bernardino
Administrative Policy Manual
Subject: Travel Authority and Expense Policy
Purpose: To set forth the policies governing reimbursement for travel expenses and to
establish certain procedures concerning travel authorization, documentation, and
accounting for all departments, employees and Elected Officials of the City of San
Bernardino. The City has two objectives when paying travel-related expenses: 1) to
provide employees sufficient funds to execute business on behalf of the City and 2) to
safeguard City funds by paying only reasonable and necessary expenses. This
administrative policy outlines what constitutes a reasonable and necessary expense.
Authority: Resolution No. 2024-105__________
Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and
Elected Officials. All such employees and officials shall comply with the provisions
outlined in this policy. For City Employees, the Director or their designee and for Elected
Officials, the Director of Finance & Management Services is ultimately responsible for
ensuring that travel expenditures comply with this administrative policy and for the
thorough review and approval of all documents necessary for the disbursement of City
funds related to employee travel. The purpose of the required documentation is to provide
sufficient evidence to anyone who reviews travel transactions that public funds were
expended in compliance with this administrative policy.
Exemption from Scope
None.
Policy:
The City of San Bernardino encourages attendance at conferences, seminars, meetings
and workshops to enhance an employee’s understanding of his/her duties and
responsibilities. The City will reimburse travel expenditures according to the procedures
outlined in this policy.
Travel is deemed to be official when such travel of City Employees and Elected Officials
are away from the City for the purpose of conducting business of the City, attending
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professional meetings, seminars, conferences, training, workshops and other related
meetings. This policy is applicable to all travels, regardless of the source of funds used
for reimbursement.
Only authorized expenses as set forth in this policy will be reimbursed. Unauthorized
expenses incurred on a City credit card will be reimbursed to the City by the Employee of
Elected Official.
Definitions
(a) Elected Official - any elected person representing the City in an official capacity
that is not considered an employee. City Council, at their discretion, may approve
travel for appointed Commissioners. For purposes of compliance with this policy,
Commissioner travel will be treated the same as that of Elected
Officials.
(b)Travel – any trip taken by a City Employee or Elected Official in the course of
performing his/her duties, including trips to conferences, seminars, meetings,
workshops and training.
(c)Local Travel - travel within a radius of seventy-five (75) miles from the employee’s
regular work site within the State of California, one way, for a one-day session or
multiple day sessions.
(d)Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s
regular work site within the State of California, that requires subsistence or actual
living expenses.
(e)Out-of-State Travel - any travel outside of the state of California within the
continental United States.
(f)Out-of-Country Travel - any travel outside of the continental United states.
(g)Mileage Allowance – reimbursement paid to a City Employee for the use of his/her
personal vehicle during travel or official City business. The reimbursement rate will
be the current rate established by the Internal Revenue Service (IRS).
(h)GSA Per Diem Rate – herein used to refer to the allowance for meals and incidental
expenses established by the U.S. General Services Administration for destinations
in the continental United States. The Per Diem allowance rates can be accessed
via the internet at www.gsa.gov/perdiem.
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Authorized Expenses
These guidelines are not intended to address every issue, exception, or contingency that
may arise in the course of travel or performance of official duties. Accordingly, the basic
standard that should always prevail is to exercise good judgment in the use and
stewardship of the City's resources. Any questions regarding the propriety of a particular
type of expense should be resolved with the Finance Department or, in the case of
Elected Officials, with the City Council, before the expense is incurred.
Elected Officials please also note: Expenses that do not fall within the scope of this policy,
and for which payment or reimbursement will be requested, must be approved by the City
Council in a public meeting before the expense is incurred.
(a) Actual and Necessary Expenses. The City will pay or City Employees and Elected
Officials will be reimbursed for the actual and necessary expenses incurred in the
performance of the official duties for their position, provided that, except as
otherwise articulated in this Policy, reimbursement shall always be at the lesser
of the actual cost or the current GSA Per Diem Rates, unless otherwise approved
by the City Council in advance or otherwise provided herein. Expenses that the
City will pay include transportation, lodging, registration fees, meals, and any
other incidental and related expenses if they are for official business and are
authorized by this policy.
(b) Authorized Events and Activities. Expenses incurred in connection with the
following types of events or activities will generally be authorized for payment or
reimbursement:
a. Attending educational seminars, conferences, or activities designed to
improve skills and information levels.
b. Participating in regional, state, national and international organizations
whose activities affect the City’s interests.
c. Activities that involve either: (a) City Employees or Elected Officials
attending as a representative of City events; or (b) City Employees, as part
of their City job duties or responsibilities, organizing or assisting with the
management or operation of events.
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d. Meetings with consultants, professionals, constituents, applicants or other
private or governmental entities or agencies, which are necessary for the
performance of their position.
(c) Unauthorized Events and Activities. Expenses incurred for personal matters will
not be paid or reimbursed. If time is taken away from official business for personal
matters, or if the return is delayed after completion of the event to attend to
personal matters, any expenses incurred for such personal matters will not be
paid or reimbursed. If a City Employee desires to combine business and personal
travel in this manner, the written approval of the City Employee’s Department
Director, or the City Manager if the City Employee is a Department Director, or
the City Council if the employee is an Elected Official, is required prior to making
travel arrangements. For City Employees, if the extended period required for
personal matters occurs during regular scheduled work hours, the time must be
counted as annual leave or leave without pay.
The following is a non-exhaustive list of prohibited purchases which includes
commonly purchased goods or services considered personal in nature, and not an
essential part of the City's business and therefore will not be a cost borne by the
City of San Bernardino:
a. Personal portion of the trip, including expenses incurred for family
member(s), friends and/or pets who accompany the City Employee or
Elected Official on City business.
b. Political contributions or events.
c. Charitable contributions.
d. Attendance at charitable events not sponsored, co-sponsored or organized
by the City.
e. Entertainment expenses not directly required as part of attending a
meeting/conference, including theater, movies (either in-room or at the
theater), sporting events (including gym, massage and/or golf-related
expenses), or other cultural events.
f. Personal automobile expenses, including traffic citations, other than
mileage and toll charges that are otherwise payable or reimbursable under
this policy.
g. Personal losses incurred while on City business.
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h. Alcoholic beverages.
i. Expenses for trips involving an overnight stay or airfare by Elected Officials
or City Employees, unless approved in advance as required by this policy.
j. Mileage or other expenses incurred when representing the City on a
regional board, commission or other agency when such board, commission
or agency allows for the payment or reimbursement by them of such mileage
or other expenses.
k. Mileage reimbursement for those receiving a monthly vehicle allowance.
l. Vehicle rental expenses when the mode of transportation to the event or
destination was not air travel.
m. The use of private aircraft for the conduct of City business is expressly
prohibited.
Prior to Trip – Advance Approval
(a) Advance Approval for City Employees. When requesting to travel either overnight
or via airplane, City Employees must request advance approval from the person
charged with approving the expenditure in compliance with this Policy. Such
request shall be submitted using the Travel Authority & Expense Request form.
Approval must be obtained prior to incurring any non-refundable expenses for the
trip, including, but not limited to, event registration, flights or hotel reservations. In
the event travel is conducted without prior approval, the employee will be held
responsible for all expenses incurred and will be required to reimburse the City.
(b) Advance Approval for Elected Officials. When requesting to travel either overnight
or via airplane, Elected Officials must request advance approval from the City
Council during a regular City Council meeting using the Travel Authority &
Expense Request form. Approval must be obtained prior to incurring any non-
refundable expenses for the trip, including, but not limited to, event registration,
flights or hotel reservations. In the event travel is conducted without prior
approval, the Elected Official will be held responsible for all expenses incurred
and will be required to reimburse the City.
(c) Travel Request Forms. The Travel Authority & Expense Request form can be
found on the Employee Intranet page.
Transportation
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The method of transportation used by individuals will be the most practical and
economical, with due consideration given to the time involved, extra meals, lodging costs
and the mission to be accomplished.
The objective of this administrative policy is to ensure the lowest reasonable cost for
travel. However, it is not intended to create hardships for employees. Therefore, each
department may consider employees’ convenience in providing flexibility to those who
travel by vehicle.
Where several employees are authorized to attend the same local conference/meeting,
the department shall coordinate travel arrangements to minimize transportation costs to
the City.
Air Travel
(a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip
airfare. Employees are expected to take advantage of discounts whenever
possible; however, employees are not required to fly at unusual times in order to
qualify for discounts. Employees may retain frequent flyer miles and similar travel
awards; however, employees shall not pay a higher price for the fare in order to
obtain frequent flyer miles.
a. Baggage Fees: The City of San Bernardino will pay for the cost of one
checked bag per employee traveling. Additional baggage fees will be
covered only with written permission of the employee’s Director.
b. Upgrades: Other upgrades such as seat selections, travel insurance, and
internet on planes may be approved at the discretion of the Director.
(b) First-Class Airfare: The City will only pay coach class fares; however, employees
may choose to upgrade their seats provided that they pay the difference between
the coach fare and the fare for the upgrade.
Vehicle Use
(a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments
should be used when available. When using City Vehicles, employees should use
their City Purchasing Card (P-Card) to purchase gasoline and/or emergency
repairs whenever practical. Employees without a City P-Card will be reimbursed
for the cost of gasoline and/or emergency repairs (receipts are required). For
additional information on P-Card usage, please see the City of San Bernardino
Purchasing Card Policy.
(b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket
insurance coverage. The appropriate size of the rental vehicles should depend on
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such factors as the number of passengers and the amount of luggage or equipment
being carried. If a car rental is approved, the employee may use a City P-Card or
request reimbursement upon return. Receipts must be provided in order to obtain
reimbursement.
(c) Car Services/Taxis/Public Transportation: The City of San Bernardino will
reimburse employee’s reasonable car fare plus gratuity for required transportation.
No more than a 20% tip will be reimbursed. Receipts must be retained and
attached to the Travel Authority & Expense Request form.
(d) Personal Vehicles: Employees may use their personal vehicle for City travel.
Supporting documentation (i.e. Google maps directions) must be attached to the
Travel Authority & Expense Request form. The City of San Bernardino will pay the
Internal Revenue Service mileage rate in effect at the time of travel. For all mileage
reimbursement, the employee’s office is to be used as the starting point. When an
employee is using his/her personal car on a trip and the destination is more than
300 miles from the employee’s office (one-way), the City will not reimburse the
employee for expenses such as lodging, meals and incidental, while in transit,
which exceed the cost of a 21-day advance round-trip coach airfare. Any travel
time that is greater than the time required to travel by scheduled airlines will be
considered vacation time. Normal travel time will not exceed one day. The City
shall reimburse the employee for the actual mileage involved in the travel.
Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal
Revenue Service for the current year. Personal car mileage reimbursements are
made based on the actual mileage. No cash advance for mileage is allowed.
a. Personal car travel reimbursement is limited to the lesser of either the cost
of making the trip by 21-day advance coach airfare or mileage
reimbursement.
b. The City will pay for additional work-related mileage at the destination. A
mileage log or other documentation (i.e. Google map) must be attached to
the Travel Authority & Expense Request form.
c. When travel is by airfare, the City will pay for airport parking expenses. For
airport parking, supporting documentation must be attached to the Travel
Authority & Expense Request form and can be obtained from the airport’s
website. Mileage reimbursement to the airport will be calculated from the
employee’s office.
d. If an employee is driving a personal vehicle outside of the City and has car
failure, the City will pay the expense of towing the vehicle to the nearest
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garage, over and above the employee’s personal towing insurance
coverage. The employee must pay for all repairs. The towing and insurance
documentation, reflecting the amount covered, must be attached to the
Travel Authority & Expense Request form.
e. Mileage will not be reimbursed to employees using City vehicles or who
receive auto allowances.
f. To drive a privately owned vehicle on City business, the employee must:
i. Possess a valid California driver’s license.
ii. Carry liability insurance, as required by the State of California.
iii. Acknowledge that any damage to the employee’s personal vehicle
and/or service or repair occurring on the trip will be the employee’s
responsibility, as these costs are included in the City’s per mile cost
reimbursement.
Employees are required to notify Human Resources, Risk Management Division at (909)
384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any
event, incident or accident related to rental cars or City vehicles. The employee must
complete the “Vehicle Accident Report” form.
Compensation for Travel Time
When travel time exceeds the normal workweek, the City's rules for overtime apply to
those City Employees eligible for overtime pursuant to applicable state and federal laws
or as outlined in the various Memorandums of Understanding. In determining overtime
compensation, normal commute time between the employee’s residence and the
employee’s work location should be deducted from the total travel time. Additionally,
normal unpaid meal periods are not considered work time while traveling. Overtime
eligibility applies equally to drivers and passengers, and should be granted whether the
travel occurs during normal workdays or on weekends or evenings. City Officials are not
compensated for travel time.
It is the responsibility of Department Heads, Division Managers and first line supervisors
to schedule travel in a manner that the use of overtime by employees is either not required
or is minimized as much as possible.
Lodging
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Actual lodging expenses will be allowed for City Employees and City Officials attending
conferences, seminars, meetings or workshops that are in excess of 75 miles from their
normal work site. Lodging at destinations that are less than 75 miles from the normal work
site will not be paid for or reimbursed by the City unless it is a multi-day conference. All
lodging must be approved in advance.
The accommodations used should be economical but practical. In general, the employee
should select the most reasonably priced accommodations available consistent with the
purpose and goals of the travel and within a reasonable distance of the event.
The City will pay no more than the cost of a single occupancy room. If an employee shares
a room with someone who is not an employee of the City or who is not traveling on City
business and the room cost is higher than the single room rate, the employee is
responsible for paying the difference in cost. Meals ordered through room service will be
subject to the GSA Per Diem Rate.
(a) Hotel Rooms
a. For events starting before noon, lodging will be provided the night prior
through the last day of the event.
b. Lodging costs may be paid to the hotel directly by the employee, by using a
City P-Card or travel advanced to the employee prior to departure if a City
P-Card is not used.
(b) Lodging expenses shall be reimbursed on an actual cost basis. If a room at a
conference/venue hotel is not available, the City Employee or Elected Official should
attach documentation showing room rates from three hotels in the vicinity for the
same dates, if available, to demonstrate the reasonableness of the lodging cost for
the locale. Printouts from hotel reservation websites are acceptable for this
purpose.
(c) When making lodging reservations, be sure to ask if a “group rate” is available.
Most companies who host seminars/conferences will offer group rates to
attendees. On average, group rates are 15-40% lower than standard rates. If there
is no group rate offered, inquire if there is a “government rate” available. Some
cities exempt travelers on government business from the local Transient
Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs
depending on the local TOT rate.
(d) Telephone: Employees should avoid using hotel-provided phones whenever
possible. It is recommended that employees who do not have access to a cell
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phone purchase a pre-paid calling card. Employees who possess City of San
Bernardino cell phones should use that phone.
(e) Internet: Internet connection fees will be reimbursed at the discretion of the
Department Director.
(f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem
Rate for meals and incidental expenses include: fees and tips given to porters,
baggage carriers, bellhops, and restaurant servers.
(g) Original, itemized receipts for lodging expenditures must be attached to the Travel
Authority & Expense Request form when submitted for processing.
Meals and Incidentals
Meal expenses incurred by City Employees or Elected Officials while traveling shall be
reimbursed according to the GSA Per Diem Rate for the destination, available at
www.gsa.gov/perdiem. If neither the city nor county is specifically listed, the rate for meals
and incidental expenses will be the standard GSA Per Diem destination rate.
The City will pay for meals at scheduled seminars, training sessions, and other meetings
but will not reimburse for meals included in the conference fee. If meals are included in
the conference fee, the Per Diem allowance will be reduced by the amount of the included
meal using the GSA Per Diem breakdown, example below.
M&IE TOTAL
Continental
Breakfast/
Breakfast Lunch Dinner Incidentals
First & Last
Day of
Travel (75%)
$55 $13 $14 $23 $5 $41.25
$56 $13 $15 $23 $5 $42.00
$61 $14 $16 $26 $5 $45.75
$66 $16 $17 $28 $5 $49.50
$71 $17 $18 $31 $5 $53.25
$76 $18 $19 $34 $5 $57.00
Note: This M&IE breakdown is an example. Please refer to the current GSA rates and
breakdown at www.gsa.gov/perdiem.
The City will pay for meals at scheduled seminars, training sessions, and other meetings
but will not reimburse for meals elsewhere if the meal cost was included in the conference
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fee. If meals are included in the conference fee, the per diem rate will be adjusted by the
GSA amount for the covered meals. A conference itinerary/schedule must be included as
supporting documentation. The City will not pay for social or recreational conference
functions that are separate ticketed events not included in the base conference
registration fee without prior approval of the Director (to be noted on Travel Authority &
Expense Request form). Meal related tips are included in the per diem rate total.
(a) Meals Paid with a Purchasing Card
a. Employees using their P-Card for travel-related meals must retain itemized
receipts and submit them as usual as part of the P-Card process. Use of a
P-Card for meals should be indicated on the Travel Authority & Expense
Request form with copies of the receipts attached.
b. P-Card payment for meals should not exceed the per diem rate established
by the GSA. Any cost in excess of the GSA established per diem rate must
be reimbursed by the employee within ten (10) business days of
reconciliation of travel documents.
c. If the per diem breakdown for a meal is higher than a P-Card payment for
that meal, the P-Card User is not entitled to receive the difference as a
reimbursement.
d. If a meal is purchased with a P-Card and the receipt is lost, or the P-Card
User does not retain the itemized receipt, the User must attach a memo to
the Travel Authority & Expense Request form explaining the lost receipt.
e. While Authorized P-Card Users may use their P-Card to purchase meals
during travel, it is recommended that travelers either request a travel
advance or pay out of pocket and request reimbursement for meals.
(b) Meals Reimbursed or Paid with a Travel Advance
a. Employees paying for meals out of pocket or with a travel advance DO NOT
need to retain receipts. Meals will be reimbursed or travel advance provided
at the GSA per diem rate.
If requesting a meal payment or reimbursement for a guest, the City Employee or City
Official must include the name and business relationship of the guest to substantiate the
expense. Only actual and necessary expenses incurred in the performance of official
duties will be paid or reimbursed. Meal expenses of family members or those with a
personal relationship with the City Official or City Employee will not be paid or reimbursed,
unless a separate and defined business relationship is established and only if such
payment or reimbursement is not prohibited by any other applicable laws, rules or
regulations.
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One-day Travel
Meal payment or reimbursement does not include meals eaten prior to or after a trip. If
travel on City business does not require a full 24-hour day, only meals that are required
as part of the trip, as determined by the City Council, Department Head, or City Manager
will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work
on the day that the expense is incurred, payment or reimbursement will not be provided
for expenses incurred for meals that would typically be eaten before the City Official or
City Employee normally leaves his or her home for work or expenses incurred for meals
that would typically be eaten after the City Official or City Employee normally arrives home
from work. Travel-related meals will be reimbursed if an overnight stay is required or if
multiple trips are required during two or more consecutive days.
If a Department Director authorizes meal reimbursement for an employee for a daytrip
related to training or other City business and the day-trip is for more than 12 hours and
less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem
Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a
day-trip that is less than 12 hours, the employee will receive reimbursement for specific
meals during the trip only. Because current IRS regulations identify day-trip meals as
taxable to the employee, any meal reimbursement for a day-trip will be reported on the
employee’s W-2 form and subject to employment taxes in accordance with these
regulations. That is, if travel does not require an overnight stay, meal expenses may be
reimbursed with Department Director approval but must also be added to the employee’s
wages for tax purposes. (IRS Pub. 5137)
Extended Travel
Employees attending training or conferences for an extended time period, more than
seven consecutive days, may elect to purchase groceries and prepare their meals during
their training/conference.
(a) Groceries reimbursed or paid with a travel advance.
a. Employees paying for groceries out of pocket or with a travel advance DO
NOT need to retain receipts. The GSA Per Diem will be calculated in the
aggregate for the extended travel time to determine the amount of the
advance or reimbursement.
b. No individual meals will be reimbursed or included in the travel advance.
c. Any meals provided during the training/conference will be deducted from the
reimbursement/advance amount at the M&IE breakdown amount.
(b) Groceries paid for with a P-Card.
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a. While P-Card users may use their P-Card to pay for groceries while
traveling, it is recommended that travelers either request a travel advance
or pay out of pocket and request reimbursement for groceries.
b. If a P-Card is used to purchase the groceries, the employee must retain and
submit grocery receipts and submit them as usual as part of the PCard
process. Use of a P-Card for groceries must be indicated on the Travel
Authority & Expense Request form with copies of the receipts attached.
c. Meals purchased in addition to groceries. If meals are also purchased on a
P-Card during extended travel, the employee must retain and submit
itemized receipts and submit them as usual as part of the P-Card process
and use of a P-Card for groceries and meals must be indicated on the Travel
Authority & Expense Request form with copies of the receipts attached. The
total cost of groceries and meals purchased may not exceed the aggregate
Per Diem.
d. Any meals provided as part of the conference/training fee will be deducted
from the aggregate Per Diem at the M&IE breakdown amount.
e. P-Card charges for groceries and meals exceeding the Per Diem rate in the
aggregate must be repaid to the City within ten (10) business days of
reconciliation of travel documents.
f. If the total paid for groceries on a P-Card is less than the aggregate Per
Diem, the P-Card User is not entitled to receive the difference as a
reimbursement.
g. An employee electing to purchase and prepare food during an extended
stay may purchase food to be consumed during the travel period only.
h. No reimbursement will be made for incidentals including kitchen utensils,
cookware, kitchen supplies and sundries, except for basic paper goods such
as napkins and paper towels or their reusable equivalent. It is incumbent
upon the traveler to verify that the hotel has an adequately stocked
kitchenette when making reservations.
(c) The City will not pay for laundry services or dry cleaning.
Payments to Vendors, Cash in Advance and Employee Reimbursement
The City will pay all legitimate travel expenses for City Employees and Elected Officials
traveling on authorized City business. These include transportation, lodging, registration
fees, meals, and other related expenses if they are for official business and fit within the
guidelines established in this policy.
(a) There are four ways to pay for travel expenses:
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a. Direct Vendor Payments - Are made by the City to an organization to pay
for specific costs related to a trip. These are usually registration fees,
lodging, or airfare and can be paid through accounts payable or through the
use of a City P-Card.
b. Cash Advance - Advanced payments may be requested for estimated
expenses for travel. Requests for advance payments, with an itemized list
of estimated expenses, shall be submitted on the Travel Authority and
Expense Request form to the Finance Department at least seven (7) days
prior to the event and must be approved by the Department Head, Director
of Finance & Management Services and City Manager or the City Council
for advance payment request from elected officials. Funds will be released
no more than seven (7) days prior to the event departure date. Travel
advances will not be issued to employees to whom City P-Cards have been
issued to. In addition, travel advances will not be issued for mileage or items
that were purchased prior to attending the event.
c. Per Diem - For City Employees or Elected Officials electing per diem
payment for meal expenses, the City shall reimburse at the fixed GSA Per
Diem Rates on a meal-by-meal basis based upon the locality of travel.
Receipts shall not be required for per diem reimbursement, provided that
records pertaining to the time, place and official business purposes of the
event or activity are submitted. City Employees or Elected Officials electing
per diem reimbursement shall not incur meal expenses on City issued
credit cards or seek actual cost reimbursement for meal expenses covered
by per diem reimbursement. Payment of the fixed GSA Per Diem Rates shall
be made after the event or activity has occurred and shall not be paid to City
Employees in advance.
d. Reimbursement - occurs when the employee or Elected Official elects to
pay for all travel related expenses first, and is reimbursed upon completion
of the travel.
(b) Upon return from the event, all expenses incurred will need to be accounted for by
completing the bottom portion of the Travel Authority & Expense Request and
return the unused portion of the cash advance within seven (7) working days.
(c) If a trip was cancelled, all advance travel payments shall be returned to the City
immediately after the employee receives a notice of cancellation.
(d) The employee will be reimbursed the difference if the actual, authorized expenses
incurred exceed the amount advanced consistent with the guidelines set forth in
this policy
Procedure:
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The following are step-by-step instructions for obtaining approval for travel requests.
Action/Responsibility: Department Travel Coordinator
(a) In as far in advance as possible but at least thirty (30) days prior to the date of
departure, prepare Part 1 of the Travel Request & Expense Request form to
include the following:
a. Details of travel: attach registration form or flyer describing the event
showing location, dates, times, costs, etc.
b. For lodging requests, attach supporting documentation related to the group
rate or government rate when offered and the Per Diem Rate for the locality
of travel.
c. Obtain approval:
i For Local Travel (within a radius of seventy-five [75] miles from the
employee's regular work site), approval from employee's Department
Head and Director of Finance & Management Services.
ii For Out-of-Town Travel (Travel over seventy-five [75] miles from
employee's regular work site within the State of California), approval
from employee's Department Head and Director of Finance &
Management Services.
iii For Out-of-State Travel, approval from employee's Department
Head, Director of Finance & Management Services, and the City
Manager.
iv Out-of-Country Travel, approval from employee's Department Head,
Director of Finance & Management Services, the City Manager, and
City Council.
v Any travel for Elected Officials, in or out-of-state, regardless of
distance, will require approval from City Council
Director of Finance & Management Services
(b) After approval, the responsible travel coordinator should make the arrangements
for the trip payable to the traveler or service provider for:
a. Transportation
b. Lodging
c. Registration / Tuition fee
d. Meals
e. Other expenses covered by this Policy
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Action/Responsibility: Department Head
(a) Assign a designated employee to function as the Department Travel Coordinator
to maintain travel request documents and to coordinate advance payment and/or
reimbursement of employees’ travel expenditures with Accounts Payable.
(b) Receive travel documents from Department Travel Coordinator and review forms
for completeness and accuracy.
(c) Approve or deny local travel requests.
Action/Responsibility: Finance Department
(a) Review all travel forms/documents for completeness and compliance with this
policy and inform Department of non-compliance issues.
(b) Process employees’ travel expenditures in accordance with this policy.
Verification
The following are step-by-step instructions for verification of travel expenses.
Action/Responsibility: Employee
Within seven (7) working days of return date to work:
(a) If less money than the travel advance was spent, submit the unspent funds made
payable to the City of San Bernardino and provide to Department Travel
Coordinator with the original receipts.
(b) If more money than the travel advance was spent, submit the receipt for the
expense along with an explanation to the Department Travel Coordinator. Subject
to the guidelines set forth in this policy, the difference may be reimbursed upon
approval
Action/Responsibility: Department’s Travel Coordinator
(a) Attach all original receipts to the original Travel Authority & Expense Request form.
Complete Part 2 of the form and submit to the employees’ Department Head and
Director of Finance & Management Services for review and approval, or for elected
Officials, submit to Director of Finance & Management Services.
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CITY OF SAN BERNARDINO
TRAVEL AUTHORITY & EXPENSE REQUEST
Part 1. Travel
Name & Title of Requestor Department Date of Request
Destination City Dates Purpose of Travel
Destination Hotel: Post Approved
Yes (Plan ) / No
Hotel Government Rate: $
N/A: Reason:
Hotel Group Rate: $
N/A: Reason:
Hotel Per Diem Rate: $
Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form.
Comments:
Signature of Requestor: Estimate Cost of Trip: $
Date: Advance Money Requested: $
Office Phone: Account number:
Indicate if travel was included in the Department Budget Yes No
APPROVED (Department Head Signature):
FUNDS AVAILABLE (Director of Finance & Management Services Signature):
APPROVED (City Manager/City Council Signature):
Part 2. Expense
EXPENSE CATEGORIES: Paid by City Paid by Traveler
Transportation: Air City Car
Private Car (Mileage )
$ $
Garage and/or Parking $ $
Lodging $ $
Registration Fees $ $
Meals $ $
Other $ $
Other $ $
TOTAL EXPENSE
$
$
Amount Paid by Traveler $
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Cash Advance – Check No: $
Balance Due to Traveler/City $
I hereby certify that this is a true
correct statement of expenditures.
Receipt or Check No:
Traveler Signature
APPROVED (Department Head Signature)
APPROVED (Director of Finance & Management Services
Signature)
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August 30, 2024
COMPLIMENTARY *** IN-PERSON ***
The Honorable Helen Tran
Mayor
San Bernardino, California
Dear Mayor Tran:
I am delighted to invite you to our in-person Yale Mayors College on Monday, March 10th and the Yale
CEO Caucus on Tuesday, March 11th. This, our 11th Yale Mayors College and 151st CEO event, will be
in Washington DC.
At past Yale Mayors Colleges we have welcomed the mayors of 100 cities such as: Akron; Albuquerque;
Anchorage; Anaheim; Atlanta; Austin; Baltimore; Buffalo; Hartford; Kansas City; Knoxville; Louisville;
Miami; Minneapolis; Nashville; New Orleans; Orlando; Phoenix; Pittsburgh; Rochester; Sacramento;
Tampa; and Tulsa.
As you may know, we launched the first school for the nation's mayors roughly a decade ago as a spinoff
of our CEO forum - the world's first school for incumbent CEOs. The Yale Mayors College will engage
you in a best-practices dialogue with your fellow mayors in an off-the-record interactive setting, gaining
an understanding of the steps they are taking to make their cities more livable. In the past, these have
included a best-practice idea-sharing session; a candid, off-the-record, and interactive roundtable; a
presentation by nationally renowned authors and policy experts; and, a discussion with a panel of
prominent CEOs. You will leave having made new connections at the academic, local government, and
corporate levels.
The Yale Mayors College opens at noon on Monday, March 10th at 101 Constitution Avenue - across
from the US Capitol, followed by a working dinner. Then, the next morning you will be joined at the same
location by 100 major CEO Caucus participants from across industries, sectors, and countries. These
unique, informal, and candid, off-the-record exchanges are unparalleled anywhere on the planet.
Your travel (air/ground), hotel, meals, and fee are complimentary.
To view executive summaries from last year’s Yale Mayors College, click
here. https://som.yale.edu/centers/chief-executive-leadership-institute/programs/mayors-college
RSVP by clicking the appropriate link:
Yes, I will join
No, unable to make it
For additional information, contact Cyndy Morris (203.506.2883/ cynthia.morris@yale.edu).
I look forward to your participation in 2025. Best wishes for the Labor Day holiday weekend!
To view this email as a web page, go here.
Packet Page 000585
Jeffrey A. Sonnenfeld
Senior Associate Dean for Leadership Studies
Lester Crown Professor in the Practice of Management
Yale School of Management
This email was sent by: Yale University
P.O. BOX 208109, New Haven, CT, 06511 USA
Packet Page 000586
November 1, 2024
The Honorable Helen Tran
Mayor
San Bernardino, California
Dear Mayor Tran:
I am pleased to confirm your registration for the YALE MAYORS COLLEGE on Monday, March 10,
2025, and the YALE WASHINGTON CEO CAUCUS on Tuesday, March 11, 2025 -- both events take
place at 101 Constitution Avenue NW, Washington DC 20001.
To complete your registration, forward a one (1) page bio-sketch and a one (1) page company/city profile
in WORD format (please NO PDFs) to Cynthia.Morris@yale.edu by December 1st.
To assist with your travel, conference times are as follows:
MAYORS COLLEGE begins at 101 Constitution at 12 noon on Monday, March 10th, followed
by afternoon sessions and a reception/dinner session Tuesday evening;
On Tuesday, March 11th, the CEO CAUCUS opens at 101 Constitution Ave., NW with an
informal breakfast prior to the welcome/first session beginning at 8:45 a.m., with the CAUCUS
ending at 12:30 p.m. An informal lunch reception follows.
Complimentary hotel accommodations will be reserved for you in your name at the YOTEL Washington
DC, located at 415 New Jersey Avenue, NW, Washington DC 20001 for Sunday and Monday evening,
checking IN on Sunday, March 9th and OUT on Tuesday, March 11th. The hotel is within a short six-
minute walk (.3 miles) to the event venue at 101 Constitution. Please let us know by December 1st if you
require a hotel room as hotel rooms are limited.
You are responsible for booking your travel to/from the event. Upon submission of scanned receipts
to Cynthia Morris at Cynthia.Morris@yale.edu you will be reimbursed. For the reimbursement
check, please provide the payee and mailing address.
A FEW DAYS PRIOR to the event, you will receive an outline agenda, hotel confirmation number, and
final details.
I look forward to welcoming you to the Yale Mayors College and Yale CEO Caucus in 2025.
Jeffrey A. Sonnenfeld
Senior Associate Dean for Leadership Studies
Lester Crown Professor in the Practice of Management
Yale School of Management
To view this email as a web page, go here.
Packet Page 000587
This email was sent by: Yale University
P.O. BOX 208109, New Haven, CT, 06511 USA
Packet Page 000588
Log in Español
MAR 9 - 11
ONT DCA
Trip & Price Details
Price Payment Confirmation
Helpful Information:
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cancel your reservation at least 10 minutes before the flight’s original scheduled departure time, any points used for booking will be forfeited, along
with any taxes and fees associated with your reward travel reservation. For Anytime or Business Select® reward travel reservations: the points used
for booking will be redeposited to the purchaser's Rapid Rewards® account, and any taxes and fees associated with the reward travel reservation will
be converted into a Transferable Flight Credit™ for future use.
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Flight Modify
Sun 3/9 7 hr 40 min
# 3344 / 1144ONT
6:20 AM
DCA
5:00 PM
1 stop Wanna Get Away
Tue 3/11 9 hr 35 min
# 3220 / 3628DCA
2:00 PM
ONT
8:35 PM
1 stop Wanna Get Away
Price per Passenger $425.82
Taxes and fees per
Passenger
Total per Passenger $506.96
Passenger(s)x1
Flight total $506.96
$81.14
or from $50/mo*
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flight11
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Upgrade departing trip for $21
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Upgrade both for $41
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Packet Page 000589
BAG FEE *0.00
SUBTOTAL 425.82
TAXES & FEES 81.14
TRIP TOTAL 506.96
No worries, your flight will remain in your cart while you search for a car.
PICK-UP LOCATION
Washington (Reagan National), DC - DCA
PICK-UP DATE
Sun, Mar 9, 2025
PICK-UP TIME
RETURN LOCATION
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RETURN DATE
Tue, Mar 11, 2025
RETURN TIME
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later without a fee. Fare di erence may apply.
11st and 2nd checked bags. Weight and size limits apply. 2Fare di erence may apply. 3Failure to cancel a
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and 10,000 Rapid Rewards® points.2
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Packet Page 000590
18. Approve the Purchase of a Mobile Stage Trailer in the amount of $191,390 for
Special and Citywide Events (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2025-013:
1. Approving the award of a Mobile Stage Trailer Agreement with Stageline
Mobile Stage in the amount of $191,390 for the purchase of a mobile stage
trailer; and
2. Authorizing the City Manager or his designee to execute the Professional
Services Agreement (PSA) between the City of San Bernardino and Stageline
Mobile Stage; and
3. Authorizing the Director of Finance & Management Services to issue a
purchase order in the amount of $ 191,390 to Stageline Mobile Stage for the
purchase of the mobile stage trailer.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Ernesto Salinas, Interim Director of Parks & Recreation and
Operations & Forestry
Department:Parks & Recreation and Operations & Forestry
Subject:Approve the Purchase of a Mobile Stage Trailer in the
amount of $191,390 for Special and Citywide Events
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2025-013:
1. Approving the award of a Mobile Stage Trailer Agreement with Stageline Mobile
Stage in the amount of $191,390 for the purchase of a mobile stage trailer; and
2. Authorizing the City Manager or his designee to execute the Professional
Services Agreement (PSA) between the City of San Bernardino and Stageline
Mobile Stage; and
3. Authorizing the Director of Finance & Management Services to issue a purchase
order in the amount of $ 191,390 to Stageline Mobile Stage for the purchase of
the mobile stage trailer.
Executive Summary
This agreement authorizes the purchase of a mobile stage trailer from Stageline Mobile
Stage. The mobile stage trailer will allow the department to have host concerts in the
park and at several locations within the city during the renovation of Roosevelt Bowl.
The mobile trailer will also afford for additional entertainment options for special events
year-round.
Background
The Parks and Recreation Department focuses on community engagement and
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provides memorable experiences year-round for residents. The department has
recently expanded its offerings to include an array of activities such as summer
concerts, movies in the park, festivals, and beloved traditions like Miracle on Court
St. and the Dia de Los Muertos event.
Staff analyzed the cost benefit of continuing to rent a stage versus purchasing a
mobile stage. Over a five-year period, the cumulative cost of such rentals amounted
to $350,000. Purchasing a stage, however, was estimated at $125,000. As a result,
staff determined it was more cost beneficial to purchase a mobile stage trailer.
In fiscal year 2023-2024 staff requested $125,000 budget increase for the purchase
of the mobile stage trailer during mid-year budget request. This request was
approved and staff was able to request for quotes for a mobile stage trailer.
Discussion
In an effort to optimize resources and provide for a more efficient, readily available
stage, the department proposes purchasing this mobile stage trailer. In collaboration
with procurement, staff submitted an RFP in of March 2024; however, the bids
submitted were rejected as they did meet the minimum requirements of the RFP. The
department then resubmitted the public bidding in June of 2024. Two sealed bids were
received as illustrated below:
Bidder City Base Bid
Monmouth Solutions, Inc.Lowell, MA $ 859,989.00
Stageline Mobile Stage L'Assomption, Quebec $ 191,390.00
Stageline Mobile Stage provided the lowest bid and met all technical specifications
required for the trailer and was therefore selected by staff. The mobile stage trailer
represents a versatile asset that can be leveraged for additional revenue streams, with
the capacity to rent out the stage to community partners for park reservations. This
supplementary income not only offsets operational costs but also contributes to the
sustainability of the department's initiatives. By seizing this opportunity, the Parks and
Recreation Department not only enhances its event management capabilities but also
reinforces its commitment to enriching the lives of residents through accessible and
inclusive recreational experiences.
2021-2025 Strategic Targets and Goals
This request aligns with Strategic Target No. 3.b. Improved Quality of Life - Increase
the ability of residents in underserved areas, as well as improve the health and
wellness through educational and outdoor recreational activities.
Fiscal Impact
There is sufficient funding in the department’s budget to cover the costs for the
trailer.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2025-013:
1. Approving the award of a Mobile Stage Trailer Agreement with Stageline Mobile
Stage in the amount of $191,390 for the purchase of a mobile stage trailer; and
2. Authorizing the City Manager or his designee to execute the Professional
Services Agreement (PSA) between the City of San Bernardino and Stageline
Mobile Stage; and
3. Authorizing the Director of Finance & Management Services to issue a purchase
order in the amount of $ 191,390 to Stageline Mobile Stage for the purchase of
the mobile stage trailer.
Attachments
Attachment 1 Resolution 2025-013
Attachment 2 PSA – Stageline Mobile Stage
Attachment 3 Mobile Stage Trailer RFP-F-24-1003
Attachment 4 ReBid Mobile Stage Trailer RFP-F-24-1008
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Resolution No. 2025-013
Resolution 2025-013
January 15, 2025
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RESOLUTION NO. 2025-013
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, TO
ACCEPT AND APPROVING THE AWARD OF A MOBILE
STAGE TRAILER AGREEMENT WITH STAGELINE
MOBILE STAGE IN THE AMOUNT OF $191,390 FOR THE
PURCHASE OF A MOBILE STAGE TRAILER; AND
AUTHORIZING THE CITY MANAGER OR THEIR
DESIGNEE TO EXECUTE THE PROFESSIONAL
SERVICES AGREEMENT (PSA) BETWEEN THE CITY OF
SAN BERNARDINO AND STAGELINE MOBILE STAGE;
AND AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO ISSUE A PURCHASE
ORDER IN THE AOUNT OF $191,390 TO STAGELINE
MOBILE STAGE FOR THE PURCHASE OF THE MOBILE
STAGE TRAILER.
WHEREAS, the Parks, Recreation and Community Services Department (PRCSD)
recognizes a demand for live entertainment at outdoor events where a stage is not present; and
WHEREAS, staff have completed a cost analysis of equipment rental for special events
over a five year period and have determined the purchase of a mobile stage unit is a cost efficient
investment; and
WHEREAS, two Requests for Proposal were completed by June 2024 and received two
responses; and
WHEREAS, Stageline Mobile Stage was the lowest qualifying bid at $191,390.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby approve the award of the mobile stage
trailer agreement with Stageline Mobile Stage in the amount of $191,390.
SECTION 3. The Mayor and City Council hereby authorize the City Manager or their
designee to execute the Professional Services Agreement with Stageline Mobile Stage.
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Resolution No. 2025-013
Resolution 2025-013
January 15, 2025
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SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to issue a purchase order in the amount of $191,390 to Stageline Mobile
Stage for the purchase of the mobile stage trailer.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-013
Resolution 2025-013
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-013, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 15th day of January 2025.
Genoveva Rocha, CMC, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND STAGELINE MOBILE STAGE INCORPORATED
This Agreement is made and entered into as of Janaury 15,2025 by and
between the City of San Bernardino (a charter city and municipal corporation
organized and operating under the laws of the State of California with its principal
place of business at Vanir Tower, 290 North D Street, San Bernardino, California
92401 (“City”), and Stageline Mobile Stage Incorporated (a Corporation with
its principal place of business at 700 Marsolais Street, L’Assomption, Québec,
Canada J5W 2G9 (“Consultant”). City and Consultant are hereinafter sometimes
referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. WHEREAS, City is a public agency of the State of California and is
in need of professional services for a Mobile Stage Trailer for the Parks,
Recreation, & Community Services Department (“Project”); and
B. WHEREAS, Consultant is duly licensed and has the necessary
qualifications to provide such services; and
C. WHEREAS, the Parties desire by this Agreement to establish the
terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct,
and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services
described in the Scope of Services attached hereto as Exhibit “A”.
3. 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
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a. Subject to paragraph 4b below, the City shall pay for such
services in accordance with the Schedule of Charges set forth in Exhibit “A”.
b. In no event shall the total amount paid for services rendered
by Consultant under this Agreement exceed the sum of $196,000.00. This amount
is to cover all related costs, and the City will not pay any additional fees for printing
expenses. Consultant may submit invoices to City for approval. Said invoice shall
be based on the total of all Consultant’s services which have been completed to
City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45)
days from the date City receives said invoice. The invoice shall describe in detail
the services performed and the associated time for completion. Any additional
services approved and performed pursuant to this Agreement shall be designated
as “Additional Services” and shall identify the number of the authorized change
order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by the Parties
and informal consultations with the other party indicate that a change is warranted,
it shall be processed by the Consultant forwarding a letter to the City outlining the
changes 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.
a. Adjustments. No retroactive price adjustments will be
considered. Additionally, no price increases will be permitted during the first year
of this Agreement unless agreed to by the Parties in writing.
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
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required hereunder within Term.
9. Delays in Performance
a. Neither City nor Consultant shall be considered in default of
this Agreement for delays in performance caused by circumstances beyond the
reasonable control of the non- performing Party. For purposes of this Agreement,
such circumstances include a Force Majeure Event. A Force Majeure Event shall
mean an event that materially affects the Consultant’s performance and is one or
more of the following: (1) Acts of God or other natural disasters occurring at the
project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and
unforeseeable delay in the issuance of permits or approvals by governmental
authorities that are required for the services); and (4) pandemics, epidemics, or
quarantine restrictions. For purposes of this section, “orders of governmental
authorities” includes ordinances, emergency proclamations and orders, rules to
protect the public health, and welfare and safety.
b. Should a Force Majeure Event occur, the non-performing
Party shall (within a reasonable time of being prevented from performing) give
written notice to the other Party describing the circumstances preventing
continued performance and the efforts being made to resume performance of this
Agreement. Delays shall not entitle Consultant to any additional compensation
regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances,
codes, and regulations of the Federal, state, and local government (including
California Division of Occupational Safety and Health Administration
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
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manner consistent with the level of care and skill ordinarily exercised by members
of the profession currently practicing under similar conditions. Consultant’s
performance shall conform in all material respects to the requirements of the
Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant
shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall
not accept payment from or employment with any person or entity which will
constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this
Agreement, obtain and maintain during the term of this Agreement a valid business
registration certificate from the City pursuant to Title 5 of the City’s Municipal Code;
and any and all other licenses, permits, qualifications, insurance, and approvals of
whatever nature that are legally required of Consultant to practice his/her
profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet,
or transfer this Agreement or any rights under or interest in this Agreement without
the written consent of the City (which may be withheld for any reason). Any attempt
to so assign or so transfer without such consent shall be void and without legal
effect and shall constitute grounds for termination. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this
Agreement. Nothing contained herein shall prevent Consultant from employing
independent associates and subconsultants as Consultant may deem appropriate
to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant
shall become an employee of City. The work to be performed shall be in
accordance with the work described in this Agreement, subject to such directions
and amendments from City as herein provided. Any personnel performing the
work governed by this Agreement on behalf of Consultant shall at all times be
under Consultant’s exclusive direction and control. Consultant shall pay all wages,
salaries, and other amounts due such personnel in connection with their
performance under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such personnel (including but
not limited to social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance).
16. Insurance. Consultant shall not commence work for the City until it
has provided evidence satisfactory to the City it has secured all insurance required
under this section. In addition, Consultant shall not allow any subcontractor to
commence work on any subcontract until it has secured all insurance required
under this section.
a. Additional Insured
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The City of San Bernardino (its officials, officers, employees, agents,
and volunteers) shall be named as additional insureds on Consultant’s and its
subconsultants’ policies of commercial general liability and automobile liability
insurance using the endorsements and forms specified herein or exact
equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain Commercial
General Liability Insurance in a form and with insurance companies acceptable to
the City during the performance of all work under this Agreement in amounts not
less than specified herein.
(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 provided that such deductibles shall not apply to
the City as an additional insured.
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c. Automobile Liability
(i) 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 at all times during the performance of the work under this Agreement.
(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. To
the extent Consultant has employees at any time during the term of 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 at all times during the performance of the work (all in accordance with
the “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of
the State of California and any acts amendatory thereof, and Employer’s Liability
Coverage) in amounts indicated herein. Consultant shall require all subconsultants
to obtain and maintain workers’ compensation coverage of the same type and
limits as specified in this section for the period required by this Agreement.
e. 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
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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
(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.
f. 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.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement,
except that the Consultant shall provide at least ten (10) days prior written notice
of cancellation of any such policy due to non-payment of the premium. If any of
the required coverage is cancelled or expires during the term of this Agreement,
the Consultant shall deliver renewal certificate(s) including the General Liability
Additional Insured Endorsement to the City at least ten (10) days prior to the
effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and
Automobile Policy shall each contain a provision stating that Consultant’s policy is
primary insurance and that any insurance, self-insurance, or other coverage
maintained by the City or any named insureds shall not be called upon to
contribute to any loss.
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(iii) The retroactive date (if any) of each policy is to be no
later than the effective date of this Agreement. Consultant shall maintain such
coverage continuously for a period of at least three years after the completion of
the work under this Agreement. Consultant shall purchase a one (1) year
extended reporting period (a) if the retroactive date is advanced past the
effective date of this Agreement; (b) if the policy is cancelled or not renewed; or
(c) if the policy is replaced by another claims-made policy with a retroactive date
subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the
professional liability coverage, shall contain or be endorsed to provide waiver of
subrogation in favor of the City (its officials, officers, employees, agents, and
volunteers) or shall specifically allow Consultant or others providing insurance
evidence in compliance with these specifications to waive their right of recovery
prior to a loss. Consultant hereby waives its own right of recovery against City
and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(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. 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.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable
insurance companies, as determined by the City, which satisfy the following
minimum requirements: Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A: VII and admitted to transact in
the business of insurance in the State of California, or otherwise allowed to place
insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any Federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits
of insurance coverage to be maintained by Consultant (and any approval of said
insurance by the City) is not intended to and shall not in any manner limit or qualify
the liabilities and obligations otherwise assumed by the Consultant pursuant to
this Agreement (including but not limited to the provisions concerning
indemnification).
(ii) If at any time during the life of the Agreement any
policy of insurance required under this Agreement does not comply with these
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specifications or is canceled and not replaced, City has the right but not the duty
to obtain the insurance it deems necessary; and any premium paid by City will be
promptly reimbursed by Consultant or City will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, City may cancel this
Agreement.
(iii) The City may require the Consultant to provide
complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council (nor any member
of the City Council or any of the City’s officials, officers, employees, agents, or
volunteers) shall be personally responsible for any liability arising under or by
virtue of this Agreement.
m. Subconsultant Insurance Requirements. Consultant shall not
allow any subcontractors or subconsultants to commence work on any
subcontract until they have provided evidence satisfactory to the City that they
have secured all insurance required under this section. Policies of commercial
general liability insurance provided by such subcontractors or subconsultants
shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested
by Consultant, City may approve different scopes or minimum limits of insurance
for particular subcontractors or subconsultants.
17. Indemnification
a. 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 (“Claims”)) to
the fullest extent permitted by law in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant (its officials, officers, employees, subcontractors, consultants, or
agents) in connection with the performance of the Consultant’s services, the
Project, or this Agreement (including without limitation the payment of all damages,
expert witness fees, attorneys’ fees, and other related costs and expenses). This
indemnification clause excludes Claims arising from the sole negligence or willful
misconduct of the City. Consultant's obligation to indemnify shall not be restricted
to insurance proceeds (if any) received by the City (the City Council, members of
the City Council, its employees, or authorized volunteers). Consultant’s
indemnification obligation shall survive the expiration or earlier termination of this
Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as
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that term is defined under Civil Code section 2782.8), then (and only to the extent
required by Civil Code section 2782.8, which is fully incorporated herein)
Consultant’s indemnification obligation shall be limited to the extent which the
Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant in the performance of the services or this Agreement;
and upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim (including the cost to defend) shall
not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (as
well as California Code of Regulations, Title 8, Section 16000, et seq.) ("Prevailing
Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project as defined by the Prevailing Wage Laws,
Consultant agrees to fully comply with such Prevailing Wage Laws if applicable.
Consultant shall defend, indemnify and hold the City (its elected officials, officers,
employees, and agents) free and harmless from any claims, liabilities, costs,
penalties or interest arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. It shall be mandatory upon the Consultant and all
subcontractors to comply with all California Labor Code provisions which include
but are not limited to prevailing wages (Labor Code Sections 1771, 1774, and
1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815), and debarment of contractors and subcontractors
(Labor Code Section 1777.1).
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of
state and Federal law respecting the employment of undocumented aliens
(including but not limited to the Immigration Reform and Control Act of 1986, as
may be amended from time to time) and shall require all subconsultants and sub-
subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance
with the laws of the State of California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall be brought in a state or
Federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. The City reserves the right to terminate this agreement by
providing written notice to the Consultant at least thirty (30) days prior to the
commencement of the assembly of the personalized mobile stage. 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
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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 the Parties 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. All original field notes, written reports, Drawings and
Specifications, and other documents produced or developed for the Project shall
be furnished to and become the property of the City upon payment in full for the
services described in this Agreement, except as otherwise provided in the
“Termination or Abandonment” section above.
27. Organization. Consultant shall assign Marc Brousseau as Project
Manager. The Project Manager shall not be removed from the Project or reassigned
without the prior written consent of the City.
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28. Limitation of Agreement. This Agreement is limited to and includes
only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by
this Agreement may be given or delivered by depositing the same in any United
States Post Office (certified mail, return receipt requested, and postage prepaid),
addressed to the following addresses and shall be effective upon receipt thereof:
CITY: CONSULTANT:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rochelle Clayton
Acting City Manager
With Copy To:
City Attorney
Stageline Mobile Stage, Inc.
700 Marsolais Street,
L’Assomption, Québec,
Canada J5W 2G9
Attn: Marc Brousseau
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 the Parties as to those matters contained herein; and
supersedes and cancels any prior or contemporaneous oral or written
understanding, promises, or representations with respect to those matters covered
hereunder. Each Party acknowledges that no representations, inducements,
promises, or agreements have been made by any person which are not
incorporated herein; and that any other agreements shall be void. This is an
integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a
court of competent jurisdiction to be invalid, illegal, or unenforceable for any
reason, such determination shall not affect the validity or enforceability of the
remaining terms and provisions hereof or of the offending provision in any other
circumstance; and the remaining provisions of this Agreement shall remain in full
force and effect.
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34. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors in interest, executors, administrators,
and assigns of each Party to this Agreement. However, Consultant shall not
assign or transfer by operation of law or otherwise any or all of its rights, burdens,
duties, or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or
agreements shall in no way be deemed a waiver of those rights to require such
performance or compliance. No waiver of any provision of this Agreement shall
be effective unless in writing and signed by a duly authorized representative of the
Party against whom enforcement of a waiver is sought. The waiver of any right or
remedy with respect to any occurrence or event shall not be deemed a waiver of
any right or remedy with respect to any other occurrence or event, nor shall any
waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every
provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify,
explain, or to be a full or accurate description of the content thereof; and shall not
in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or
their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves the 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. No official, officer, or employee of City shall
have any direct interest in this Agreement during the term of his or her service with
City for the term of this Agreement; or obtain any present or anticipated material
benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more
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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.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be
considered as an original signature for all purposes and shall have the same force
and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND STAGELINE MOBILE STAGE INCORPORATED
IN WITNESS WHEREOF, the Parties have executed this Agreement as of
the date first written above.
CITY OF SAN BERNARDINO STAGELINE MOBILE
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Signature
Name
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO
FORM:
Title
Best Best & Krieger LLP
City Attorney
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EXHBIIT A
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Packet Page 000613
Standard Equipment * …………… $ 140 000
Options & accessories …………… $ 31 350
Services …………… $ 20 040
Sub-Total …………… $ 191 390
Total ……………
All prices are in USD
$ 191 390
Taxes not included (if applicable)
STANDARD EQUIPMENT *
Stageline Mobile Stage Inc. Page 1 / 3
Stageline SL100 Sales Quote 2024
16-Jul-24 City of San Bernardino REV. 0
Stageline SL100 Mobile Stage
Floor Size: 24' x 20'
Wind Resistance: 115 mph without windwalls
Trailer Weight: 9,990 lb
Payment terms: 30% to confirm, balance prior to departure
Approval
Date:
Signature:
Name:
EIN # (if applicable):
ROOF STRUCTURE & RIGGING
4 Built-in trusses / aluminum 2" diameter tube trussing Compatible with industry clamps
24 Built-in rigging points - 4 movable rigging brackets included Capacity: up to 1,500lb
Rigging bar / 14' - spans 2 rigging points from left to right Capacity: 30 lb / ft
2 side overhang rigging trusses 6' Capacity: 1500 lb per side
Rigging points in front of corner posts Capacity: 1500 lb per side
4 Aluminum corner posts Added roof stability and safety
Fiberglass roof molded and wrapped around structure - black roof
Rigging load capacity tested at twice the working load
Total roof load capacity with sound wings: 11,400 lb
Galvanized steel column - one on each side System safely hoists rigged loads
Reversible as standard Downstage will reverse in difficult to access venues
HYDRAULICS
Double mast lifting mechanism (for a fully hydraulic set up of the stage, Lifting Capacity: 3,800 lb - balanced load
roof, sound, lighting and other equipment)
High power integrated hydraulic system Equipped with safety valves on all cylinders
4 Hydraulic stabilizers / stage levels from 3' 6'' to 4' 3'' No tools required
Vertical support capacity (each): 15,000 lb
Lateral support capacity (each): 2,000 lb
Gas engine No other power source required
STAGE
Plywood, black finish, non slip / quick levelling legs 24' x 20'
Multifunctional extruded aluminum deck edges To install decks, skirts, guardrails & staircases
Guardrails (stage model) / aluminum 5 x 5' 9" + 2 x 2' 8"
Support brackets built-in for Stageline platforms Full perimeter
Aluminum stairway - 7 steps - adjustable - 35" wide - with handrails
4 LED work lights 2 in the roof, 2 on the chassis
Spares kit
TRAILER
Drawbar with pintle eye
2 Leaf spring axles Capacity: 14,990 lb
4 Tires 0.40 m (16")
Electric brakes on all wheels
Emergency breakaway system DOT requirement
Spare wheel / full-size rim / integrated storage
2 Storage bumpers Protects structure
10 Equipment tie-downs
Storage weight capacity GVWR:15,000 lb - adaptable to your requirements
Storage space capacity 23' 10'' x 5' 6'' x 5' 6'' = 720 ft³
STANDARDS & CERTIFICATIONS
Applicable regulations IBC, SAE, DOT, NFPA, CBC, NBC & CWB
Vertical load: Floor: 7.18 KPa (150 psf) / Roof: 1 KPa (20 psf)
Wind resistance: 115 mph without windwalls
77 mph with windwalls
Certificate stamped by professional engineers
All technical documents supplied
24/7 service support +1(800) 267-8243
Packet Page 000614
Stageline SL100 Sales Quote 2024
16-Jul-24 City of San Bernardino REV. 0
OPTIONS & ACCESSORIES
A WINDWALLS - SKIRTS VINYL/
SCRIM Price (USD) Quantity
a1 Upstage fire retardant windwall - 44' long x full height (with doors) (keder aluminum track
system for easy installation) - black
Vinyl $ 5 200 1 $ 5 200
a2 Backdrop (with doors) - 24' x 15' - black $ 2 350
a3 Downstage windwall extensions - 10' 3'' x 15' (with doors) - (Set of 2) - black $ 2 850
a4 Skirting - 40' x 4' 9" - black Vinyl $ 1 350 1 $ 1 350
a5 Skirt extension - 8' 6" - black - (set of 2) $ 600
* for options a1 to a5, select material - also available in grey - fabrication delay
* if option a3 selected, f1 (keder for windwalls on downstage roof panels) must be selected
B SOUND WINGS & RIGGING Price (USD) Quantity
b1 Extension platforms (black non-slip) & accessories - 4' x 8' - (sugg'td qty: 4) $ 1 300 4 $ 5 200
b2 Guardrails (platform model) / aluminum - 3' 8" - (sugg'td qty: 8) $ 205 8 $ 1 640
b3 Reinforced flybays with line array and screen rigging points (set of 2) $ 2 010 1 $ 2 010
b4 FOH pipes - capacity: 700 lb - (set of 2) $ 2 105 1 $ 2 105
b5 Movable rigging brackets - (set of 2) $ 175
b6 2 Cylinder locks (corner post substitute) $ 575
b7 PA Extension bars (set of 2) $ 520 1 $ 520
b8 Additional rigging bar / 14' - spans 2 rigging points from left to right $ 410
C BANNER SUPPORTS Price (USD) Quantity
c1 Rooftop banner support posts - 37' x 4' $ 835 1 $ 835
c2 Banner framing bars $ 520 1 $ 520
c3 Lateral banner supports - 6' x 15' 10'' - includes pulley rigging points for retractable banner
system
$ 920 1 $ 920
c4 2 Lateral tightening bars / stage level $ 1 035 1 $ 1 035
D
EXTEND TO 24' x 24'
Price (USD)
Quantity
d1 3 Extension platforms & accessories - 4' x 24' - upstage $ 3 900
d2 8 Guardrails (platform model) / aluminum - 3' 8" - upstage $ 1 640
d3 Bracing system for extension platforms - upstage $ 930
d4 Windwall to cover increased area - upstage $ 620
d5 Roof extension - vinyl canopy & hardware - 4' 9" / downstage - (b4 required) $ 3 680
E
HYDRAULICS
Price (USD)
Quantity
e1 Hydraulic quick connectors $ 520
e2 Electric motor, 1 hp, 110 V, hydraulic connections and pump for dual power (storage
compartment included)
$ 3 735
e3 Safety cut off switch $ 775
F
ENHANCED REVERSIBILITY OPTIONS
Price (USD)
Quantity
f1 Keder for windwalls on downstage roof panels $ 400 1 $ 400
f2 Multi-purpose, heavy-duty structural connectors for side overhang rigging beams and lateral
banners. FOH pipe sliders included.
$ 2 485 1 $ 2 485
f3 Reinforced 6’ flybay trusses (b3) with all hinged and articulated components on
upstage roof panel (set of 2) – f2* required
$ 4 945
Note: Options f1, f2 and f3 need to be selected for full reversibility
H TRAILER HITCH Price (USD) Quantity
h1 Gooseneck with kingpin for 5th wheel hookup (instead of drawbar with pintle eye) $ 2 415 1 $ 2 415
h2 Gooseneck with 2 5/16’’ ball hitch hookup (instead of drawbar with pintle eye) $ 2 415
h3 Hydraulic gooseneck option for h1 or h2 $ 3 910
h4 Drawbar with pintle hitch (in addition to gooseneck) $ 2 760
h5 Ball hitch (attachment only) $ 1 265
h6 Drawbar with 2 5/16” ball coupler (instead of drawbar with pintle eye) -
I
ACCESSORIES
Price (USD)
Quantity
i1 Aluminum stairway - 7 steps - adjustable - 35" wide - with handrails $ 1 725
i2 Loading ramp / aluminum - 3' x 12' $ 1 840 1 $ 1 840
i3 Underfloor storage for loading ramp (2nd storage compartment recommended) $ 775
i4 ADA lift - up to 5' - 600 lb max load - portable - access from all sides $ 13 500
i5 Extension platform (black non-slip) & accessories - 4' x 8' $ 1 300
i5a Cutout gooseneck extension platform (black non-slip) & accessories - 4' x 8' $ 1 720
i5b Cutout engine extension platform (black non-slip) & accessories - 4' x 8' $ 1 720
i6 Extension platform (black non-slip) & accessories - 4' x 4' $ 1 040
i7 Guardrail (platform model) / aluminum - 3' 8" $ 205
i8 Guardrail (stage model) / aluminum - 2' 8'' $ 185
i9 Guardrail (stage model) / aluminum - 5' 9" $ 370
i10 Guardrail (stage model) / aluminum - 5 x 5' 9" + 2 x 2' 8" $ 2 185
i11 Quick shelter. polyester roof and walls - 8' x 8' $ 1 840
i12 Quick shelter. polyester roof and walls - 10' x 10' $ 2 070
i13 Storage compartment / aluminum checker plate - 14" x 16" x 36" - up to 3 $ 1 005 1 INCLUDED
i14 Additional spares kit $ 490
i15 Underfloor storage system for options and accessories $ 2 875 1 $ 2 875
i16 Skids/skis $ 7 645
i17 Aluminum mags - 16" x 6" 8/6.5 bolt pattern $ 1 840
i18 10 or 4 x heated pads - 2' x 2' - winter conditions on hard standing $ 1 150
i19 10 or 4 x spiked pads - 2' x 2'- winter conditions on grass (i18 required) $ 500
i20 Storage container for heated pads $ 4 000
Stageline Mobile Stage Inc. Page 2 / 3
Packet Page 000615
Stageline Mobile Stage Inc.
700 Marsolais Street, L'Assomption, Quebec, Canada J5W 2G9
Tel.: (450) 589-1063, Fax: (450) 589-1711
www.stageline.com
Stageline Mobile Stage Inc. Page 3 / 3
Stageline SL100 Sales Quote 2024
16-Jul-24 City of San Bernardino REV. 0
OPTIONS & ACCESSORIES
K
TRAILER GRAPHICS
Price (USD)
Quantity
k1 Logo only TBD
k2 Full graphic trailer wrap - (2 x (24’ 7” x 7’ 2”) - 2 x (4’ 11” x 7’)) $ 5 620
Customized scrim* banners - printed graphics - 4 color process
k3 Rooftop header banner - 24' x 3' 10" $ 970
k4 Rooftop header banner - 37' x 3' 10" - spans lateral banners $ 1 390
k5 Lateral banners - 6' 6" x 15' 9" (Set of 2) $ 1 045
k6 Rear banner - 23' 4" x 12' 11" - installs full size, with or without backdrop $ 2 725
*available in vinyl - prices vary
L MISCELLANEOUS Price (USD) Quantity
l1 * Black fiberglass $ 2 010
l2 Misc_2 TBD
* Possible production delay
Total for Options & Accessories $ 31 350
SERVICES
SERVICES
Price (USD)
Quantity
m1 Trailer shrink wrap $ 700
m2 Transport (estimate only) $ 13 000 1 $ 13 000
m2a Transport to Champlain, NY - includes customs paperwork $ 1 500
m3 Training course - 3 day comprehensive (subject to options chosen) - maximum 4 technicians $ 2 890 1 $ 2 890
m4 Trainer expenses - to, in & from training site (n/a when training given at Stageline) $ 4 150 1 $ 4 150
Total for Services $ 20 040
*Quote valid for 10 business days
*Prices & specifications subject to change without notice Stageline SL100 - Sales Quote 2024
Costs related to transportation, training and trainer expenses (travel, accommodation and per diem) not included.
EXW: L'Assomption, Quebec, Canada
Packet Page 000616
Bid Detail
Pre-Bid Meeting Information
Mobile Stage Trailer RFP F-24 -1003
Project Title Mobile Stage Trailer
Invitation #RFP F-24 -1003
Bid Posting Date 03/25/2024 4:58 PM (PDT)
Project Stage Canceled
Bid Due Date 04/18/2024 3:00 PM (PDT)
Response Format Electronic
Project Type RFP (Request for Proposal)
Response Types Line Items
Cost File
Response File
General Attachment
Type of Award Lump Sum
Categories 321991 - Manufactured Home (Mobile Home) Manufacturing
333924 - Industrial Truck, Tractor, Trailer, and Stacker Machinery
Manufacturing
336212 - Truck Trailer Manufacturing
336214 - Travel Trailer and Camper Manufacturing
453930 - Manufactured (Mobile) Home Dealers
532120 - Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and
Leasing
License Requirements
Department Finance
Address 290 North "D" Street
San Bernardino, California
92401
County San Bernardino
Bid Valid
Liquidated Damages
Estimated Bid Value
Start/Delivery Date
Project Duration
Pre-Bid Meeting No Packet Page 000617
Online Q&A
Contact Information
Description
Online Q&A Yes
Q&A Deadline 04/02/2024 3:00 PM (PDT)
Contact Info Michelle Parra 909-384-5083
parra_mi@sbcity.org
Bids to
Owner's Agent
Scope of Services The City of San Bernardino Parks, Recreation and Community Services
Department would like the Mobile Stage will be able to handle all types of
events and performances. It will include a hydraulically operated canopy for
sun and rain protection during performances and extra security when closed.
Weather and vandal resistant materials must be used throughout the rugged
stage body. The low-maintenance materials will provide highly durable, non-
corrosive exterior body panels, frame, and a non-skid weather-resistant stage
oor.
The size speci cations are listed in a range. If the unit offers a different
feature that functions as the described speci cation, must indicate how that
speci cation meets the requirements in the proposal.
GENERAL SPECIFICATIONS:
• Stage shall feature fast set-up with minimal labor.
• Stage shall open in one continuous motion, raising and extending the roof
canopy, and lowering two stage deck sections, by push-button hydraulic
actuation.
• Stage shall feature auto leveling capabilities.
• Audience sightlines shall be open and unobstructed through the elimination
of corner support columns and an open doorway roof support structure.
• Stage deck size shall be between the sizes of 20ft. long by 16ft. deep and
40 ft. long by 24 ft. deep.
• Roof canopy shall extend beyond main stage edges on all sides. Roof
canopy shall be pitched away from audience for controlled rainwater run-off.
• Roof shall be capable of rapid lowering in the event of sudden severe
weather. A simpli ed operation design shall provide faster raising and
lowering times.
• Stage operation shall be electrically powered for quiet, environmentally
friendly, and safe operation.
• Weather-resistant materials shall be used throughout the stage, including a
non-steel surface stage deck.Packet Page 000618
• Stage shall meet D.O.T. regulations established for over-the-road vehicles.
• Two sets of wide portable stairs with handrails will be removable, without
tools, for storage. Stairs must meet ADA Code for the rise, run and enclosed
risers to be acceptable.
Other Details
Notes
Special Notices
Local Programs & Policies
Packet Page 000619
Bid Detail
Pre-Bid Meeting Information
Re-bid Mobile Stage Trailer RFP F-24-1008
Project Title Re-bid Mobile Stage Trailer
Invitation #RFP F-24-1008
Bid Posting Date 06/12/2024 4:43 PM (PDT)
Project Stage Closed
Bid Due Date 07/16/2024 3:00 PM (PDT)
Response Format Electronic
Project Type RFP (Request for Proposal)
Response Types Line Items
Cost File
Response File
General Attachment
Type of Award Lump Sum
Categories 321991 - Manufactured Home (Mobile Home) Manufacturing
333924 - Industrial Truck, Tractor, Trailer, and Stacker Machinery
Manufacturing
336212 - Truck Trailer Manufacturing
336214 - Travel Trailer and Camper Manufacturing
453930 - Manufactured (Mobile) Home Dealers
532120 - Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and
Leasing
License Requirements
Department Finance
Address 290 North "D" Street
San Bernardino, California
92401
County San Bernardino
Bid Valid
Liquidated Damages
Estimated Bid Value
Start/Delivery Date
Project Duration
Pre-Bid Meeting Yes - Not Mandatory Packet Page 000620
Online Q&A
Contact Information
Description
Pre-Bid Meeting Date 06/26/2024 9:00 AM (PDT)
Pre-Bid Meeting Location A NON-MANDATORY Pre-Bid Conference is scheduled for Wednesday, June
26, 2024, at 9:00 a.m. via Microsoft Teams. The link is below: Microsoft
Teams Need help? Join the meeting now Meeting ID: 293 075 541 461
Passcode: noRgVu
Online Q&A Yes
Q&A Deadline 07/03/2024 3:00 PM (PDT)
Contact Info Michelle Parra 909-384-5083
parra_mi@sbcity.org
Bids to
Owner's Agent
Scope of Services The City of San Bernardino Parks, Recreation and Community Services
Department would like the Mobile Stage will be able to handle all types of
events and performances. It will include a hydraulically operated canopy for
sun and rain protection during performances and extra security when closed.
Weather and vandal resistant materials must be used throughout the rugged
stage body. The low-maintenance materials will provide highly durable, non-
corrosive exterior body panels, frame, and a non-skid weather-resistant stage
oor.
The size speci cations are listed in a range. If the unit offers a different
feature that functions as the described speci cation, must indicate how that
speci cation meets the requirements in the proposal.
GENERAL SPECIFICATIONS:
• Stage shall feature fast set-up with minimal labor.
• Stage shall open in one continuous motion, raising and extending the roof
canopy, and lowering two stage deck sections, by push-button hydraulic
actuation.
• Stage shall feature auto leveling capabilities.
• Audience sightlines shall be open and unobstructed through the elimination
of corner support columns and an open doorway roof support structure.
• Stage deck size shall be between the sizes of 20ft. long by 16ft. deep and
40 ft. long by 24 ft. deep.
• Roof canopy shall extend beyond main stage edges on all sides. Roof
canopy shall be pitched away from audience for controlled rainwater run-off.
• Roof shall be capable of rapid lowering in the event of sudden severe
Packet Page 000621
weather. A simpli ed operation design shall provide faster raising and
lowering times.
• Stage operation shall be electrically powered for quiet, environmentally
friendly, and safe operation.
• Weather-resistant materials shall be used throughout the stage, including a
non-steel surface stage deck.
• Stage shall meet D.O.T. regulations established for over-the-road vehicles.
• Two sets of wide portable stairs with handrails will be removable, without
tools, for storage. Stairs must meet ADA Code for the rise, run and enclosed
risers to be acceptable.
Other Details
Notes
Special Notices
Local Programs & Policies
Packet Page 000622
19. Accept the Kaiser Permanente California Community Foundation Grant in the
amount of $60,000, and Appropriate Funds for the Operation Splash 2024 and
2025 Summer Aquatics Programs in the Amount of $60,000 for FY’s 2024-2026
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2025-014:
1. Authorizing the City Manager to accept the grant award from Kaiser
Permanente in the amount of $60,000; and
2. Authorizing the City Manager or their designee to conduct all negotiations,
signing and submittals of necessary documents to receive grant awards; and
3. Authorizing the Director of Finance & Management Services to amend the FY
2024/25 Operating Budget by appropriating $60,000 of grant funds in both
revenue and expenditures.
Packet Page 000623
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, City Manager;
Ernesto Salinas, Interim Director of Parks & Recreation and
Operations & Forestry
Department:Parks & Recreation and Operations & Forestry
Subject:Accept the Kaiser Permanente California Community
Foundation Grant in the amount of $60,000, and
Appropriate Funds for the Operation Splash 2024 and
2025 Summer Aquatics Programs in the Amount of
$60,000 for FY’s 2024-2026 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2025-014:
1. Authorizing the City Manager to accept the grant award from Kaiser Permanente
in the amount of $60,000; and
2. Authorizing the City Manager or their designee to conduct all negotiations, signing
and submittals of necessary documents to receive grant awards; and
3. Authorizing the Director of Finance & Management Services to amend the FY
2024/25 Operating Budget by appropriating $60,000 of grant funds in both revenue
and expenditures.
Executive Summary
The Aquatics Division has received notification of grant award in the amount of $60,000
for fiscal years 2024/25 and 2025/26. This grant will be used for swim classes and the
Re-Think Your Drink Campaign for the community for fiscal year 2024/2025 and fiscal
year 2025/2026.
Packet Page 000624
Background
The Parks and Recreation department has been the recipient of grants from the Kaiser
Fontana & Ontario Medical Center and Kaiser Southern California Regional
Headquarters consistently since 2009. In the course of the past fifteen years, this
department has in total been awarded $367,250 as of today. The grants have ranged
from $20,000 to $60,000, depending on the year. These grants enable the swimming
pools at Nunez Park, Hernandez Community Center, Delmann Heights Community
Center, and Jerry Lewis Swim Center to expand services to the low-income community
throughout the summer season. The Department has successfully met or exceeded
annual target funding objectives, as noted in the Progress and Final Reports.
In September of 2023, staff submitted an online application with the Regional Kaiser
Office and the contribution was subsequently awarded on December 6, 2023. As a
result of this grant, the department has achieved several objectives. These include:
•Awarding over 80 swim passes for both summer 2022 & 2023
•More than 324 students gained swimming skills both summer 2022 & 2023
•Twenty students ages 11-15 completed the junior lifeguard training
•The Rethink Your Drink program reached more than 60,000 residents
Discussion
Kaiser has awarded the department annual grants for the upcoming two summer
seasons. This contribution comes solely from the Southern California Regional
Headquarters and will cover 18 months of operation, or two summer cycles (2024 and
2025).
The award in the amount of $60,000 will allow the department to offer low-income
youth, ages 6-17, the opportunity to learn how to swim or to advance their swimming
skills at no cost. Lessons and programs will take place at several city pools over the
course of two summers. It will also allow the department to continue to offer the Junior
Lifeguard Program for the summer of 2024 and 2025. In addition, this grant allows for
swim passes for the community.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target 3.c. Constantly evaluate public safety service
delivery models to enhance the quality of service.
Fiscal Impact
There is no fiscal impact to the General Fund for this project. The Fiscal Year 2024/25
Operating Budget will be amended to recognize $60,000 in grant funding in both
revenue and expenditures.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2025-014:
Packet Page 000625
1. Authorizing the City Manager to accept the grant award from Kaiser Permanente
in the amount of $60,000; and
2. Authorizing the City Manager or their designee to conduct all negotiations, signing
and submittals of necessary documents to receive grant awards; and
3. Authorizing the Director of Finance & Management Services to amend the FY
2024/25 Operating Budget by appropriating $60,000 of grant funds in both revenue
and expenditures.
Attachments
Attachment 1 Resolution 2025-014
Attachment 2 Kaiser Grant 2024-2026 Invite to Apply
Attachment 3 Kaiser Grant 2024-2026 Operation Splash Grant Application
Attachment 4 Kaiser Splash Grant 2024-2026 Award EM
Attachment 5 Kaiser Grant 2024-2026 Award Distribution
Ward:
All Wards
Synopsis of Previous Council Actions:
January 19,2022 - Mayor and City Council ratified the submittal of a grant
application to Kaiser Permanente Operation Splash Regional
Community Benefit Grants Program for the funding amount of
$59,000 to augment Parks, Recreation and Community
Services Department.
June 19, 2019 - Mayor and Common Council ratified the submission of an
application for, accepted a Contribution Sponsorship from
Kaiser Permanente Operation Splash Regional Community
Benefit Grant Program in the amount of $29,750 for each of
the 2019 and 2020 summer aquatics programs, and allocated
$29,750 in grant funds to each of the FY 2019-2020 and FY
2020-2021 budgets to fund the Summer aquatics programs.
June 7, 2017 - Mayor and Common Council ratified the submission of an
application for, accepted a Contribution Sponsorship from
Kaiser Permanente Operation Splash Regional Community
Benefit Grant Program in the amount of $39,750 for each of
the 2017 and 2018 summer aquatics programs, and allocated
$39,750 in grant funds to each of the FY 2017-2018 and FY
2018-2019 budgets to fund the Summer aquatics programs.
Packet Page 000626
June 15, 2016 - Mayor and Common Council ratified the submission of an
application for, accepted a Contribution Sponsorship from
Kaiser Permanente Operation Splash Regional Community
Benefit Grant Program for, and appropriated additional
General Fund Expenditures in the Amount of $27,000 for the
2016 Summer Aquatics Program.
June 15, 2015 - Mayor and Common Council ratified the submission of an
application for, accepted a Contribution Sponsorship from
Kaiser Permanente Operation Splash Regional Community
Benefit Grant Program for, and appropriated additional
General Fund Expenditures in the Amount of $27,000 for the
2015 Summer Aquatics Program.
May 5, 2014 -Mayor and Common Council accepted a $30,000 Grant
Award (Contribution Sponsorship) from California Community
Foundation and authorized the appropriation of $30,000 in
additional grant expenditures for the parks, Recreation and
Community Services Department’s 2014 Summer Aquatics
Program.
May 6, 2013 -Mayor and Common Council accepted a grant award from
Kaiser Permanente Operation Splash Regional Community
Benefit Grant Program for funding in the amount of $30,000
and ratified the submittal of an on-line grant application upon
invite to Kaiser Permanente Fontana and Ontario Medical
Centers Community Benefit Grant Program for funding in the
amount of $25,000 to provide for the Parks, Recreation and
Community Services Department for the 2013 Summer
Aquatics Season.
March 19, 2012 - Mayor and Common Council ratified the submittal of an on-
line grant application to Kaiser Permanente Regional
Operation Splash Community Benefit Grant Program in the
amount of $30,000 for funding of aquatics programs in 2012
December 20, 2010 - Mayor and Council ratified submittal of a grant application to
Kaiser Permanente Operation Splash Regional Community
Benefits Grants Program in the amount of $20,000.00 to
Parks, Recreation and Community Services Department
December 21, 2009 - Mayor and Council ratified the submittal of a Letter of Interest
to Kaiser Permanente Fontana Medical Center Community
Benefit Grants Program for funding in the amount of
$25,000.00 to Parks, Recreation and Community Services
Department
Packet Page 000627
August 3, 2009 - Mayor and Council ratified the submittal of a grant application
to Kaiser Permanente Operation Splash Regional Community
Benefit Grants Program for the funding amount of 20,000.00
to augment Parks, Recreation and Community Services
Department.
Packet Page 000628
Resolution No. 2025-014
Resolution 2025-014
December 18, 2024
Page 1 of 3
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RESOLUTION NO. 2025-014
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARD FROM KAISER PERMANENTE IN THE
AMOUNT OF $60,000, AUTHORIZE THE CITY MANAGER
OR THEIR DESIGNEE TO CONDUCT ALL
NEGOTIATIONS, SIGNING AND SUBMITTALS OF
NECESSARY DOCUMENTS TO RECEIVE GRANT
AWARDS, AND AUTHORIZE THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO AMEND
THE OPERATING BUDGET FOR REVENUE AND
EXPENDITURES FOR FY2024/2025 AND FY 2025/2026.
WHEREAS, the City submitted an application entitled Operation Splash 2025 & 2026 in
September 2023 from the Kaiser Permanente Regional Community Health Contributions Program
(“Kaiser Grants Program”) to support the 2025 and 2026 Summer Aquatics Programs; and
WHEREAS, the Notice of Grant Award from Kaiser Permanente California Community
Foundation in the amount of $60,000 was received by the Parks, Recreation and Community
Services Department on December 6, 2023; and
WHEREAS, the City has received through the Kaiser Permanente Regional Community
and Fontana/Ontario Medical Centers Operation Splash Health Contributions Program since 2009;
and
WHEREAS, individuals of all ages and abilities participate in various aquatics programs
at multiple City pool locations.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to accept
the grant award from Kaiser Permanente in the amount of $60,000.
SECTION 3. The Mayor and City Council hereby authorize the City Manager or their
designee to conduct all negotiations, signing and submittals of necessary documents to receive
grant awards.
SECTION 4.The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the operating budget for revenue and expenditures for FY
2024/2025 and FY 2025/2026.
Packet Page 000629
Resolution No. 2025-014
Resolution 2025-014
December 18, 2024
Page 2 of 3
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SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-014
Resolution 2025-014
December 18, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-014, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ___ 2025.
Genoveva Rocha, CMC, City Clerk
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20. Accept the FY 2023 $175,000 Department of Justice Project Safe Neighborhoods
Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-015 authorizing:
1. The City Manager or designee to accept the FY 2023 Department of Justice, Project
Safe Neighborhoods grant funding.
2. The Interim Director of Finance and Management Services to amend FY 2024/25
Adopted Budget appropriating $175,000 in both revenue and expenditures.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department:Police
Subject:Accept the FY 2023 $175,000 Department of Justice
Project Safe Neighborhoods Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-015 authorizing:
1. The City Manager or designee to accept the FY 2023 Department of Justice,
Project Safe Neighborhoods grant funding.
2. The Interim Director of Finance and Management Services to amend FY
2024/25 Adopted Budget appropriating $175,000 in both revenue and
expenditures.
Executive Summary
The Department was awarded $175,000 through the Project Safe Neighborhoods
Program Grant by the U.S. Department of Justice. This grant funding will be used to
staff overtime shifts focused on reducing violent crime and fostering safer
neighborhoods.
Background
The Project Safe Neighborhoods (PSN) program is administered by the U.S.
Department of Justice (DOJ), Bureau of Justice Assistance (BJA), through the United
States Attorney’s Office for the Central District of California (USAO-CDCA), with the
San Diego Association of Governments (SANDAG) serving as the fiscal agent. The
PSN Grant is awarded through a competitive process. Most recently, the Department
received PSN Grant funds (PSN22) for fiscal year 2023-24 to fund overtime for officers
conducting proactive patrols within the City. Subsequently, on June 4, 2024, the
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Department submitted a grant proposal to compete for FY 2023 PSN grant funding
(PSN23). On November 19, 2024, the Department was notified of its award of an
additional $175,000 to support the proposed program.
Discussion
The PSN program is designed to create and foster safer neighborhoods through a
sustained reduction in violent crime. The program combines proactive law
enforcement efforts with intervention and prevention specialists, in a multifaceted
approach to address violent offenders and the underlying drivers of violent crime and
gun violence. The grant funding has been authorized to be used by the Department to
fund overtime for Focused Intelligence Rapid Enforcement Violent Crime Impact
Teams. The grant has a term of up to three years, or until the funds have been
expended. There are no matching funds for this grant. The Department hopes to
accomplish the following goals:
Goal 1 - Crime Reduction:
Achieve a 10% reduction in violent crimes, including homicides and aggravated
assaults, in targeted high-crime areas by the end of the grant term.
Goal 2 - Firearm Seizures:
Recover at least 25 illegal firearms, including ghost guns and modified firearms,
through targeted operations by September 30, 2025.
Goal 3 - Youth Engagement:
Enroll 50 at-risk youth in mentoring programs and life skills workshops, with 25%
reporting improved confidence and reduced interest in gang involvement in post-
program surveys.
Goal 4 - Law Enforcement Deployments:
Conduct deployments of Emergency Response and Proactive Enforcement Teams in
high-crime areas, increasing during peak periods such as the summer months.
Goal 5 - Gang Activity Suppression:
Reduce reported gang-related incidents in the city by 10% through targeted
enforcement and community outreach efforts.
Goal 6 - Community Engagement:
Host at least 4 community events during the grant period to foster trust and
collaboration between residents and law enforcement, with a 15% increase in
attendance compared to 2024 events.
Goal 7 - Collaborative Prosecutions:
Refer at least 20 high-risk individuals for federal or state prosecution through
partnerships with ATF, FBI, and US Marshals.
Goal 8 - Data-Driven Strategies:
Use hotspot analysis to direct enforcement teams, ensuring deployments target
identified high-crime areas.
The Department was awarded PSN funds most recently for FY 2023/24, enabling the
deployment of officers on an overtime basis for data-driven proactive patrols aimed at
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reducing gang activity and violent crime citywide. In 2023, PSN grant-funded patrols
contributed to the recovery of a record-breaking number of firearms. The ongoing
PSN22 grant-funded initiatives, expected to conclude in early 2025, have so far
facilitated 28 operations, resulting in 190 arrests (166 felonies, 5 misdemeanors, and
19 warrant-related arrests). These efforts have also led to the recovery of 90 firearms,
20 pounds of methamphetamine, the execution of 25 search warrants, and the closure
of 5 illegal net cafés.
Year-to-date, the City has seen a 28% reduction in homicides and a 31% decline in
gang-related shootings, and PSN-funded activities have contributed to these
significant decreases in violent crime.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the FY 2023 Project
Safe Neighborhoods Grant aligns with Key Target No. 1c: Improved Operational &
Financial Capacity - Implement, maintain, and update a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact to the General Fund with the acceptance of this grant, as
there are no matching requirements. The FY 2024/25 Adopted Budget will be
amended in both revenues and expenditures by $175,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2025-015 authorizing:
1. The City Manager or designee to accept the FY 2023 Department of
Justice, Project Safe Neighborhoods grant funding.
2. The Interim Director of Finance and Management Services to amend FY
2024/25 adopted Budget appropriating $175,000 in both revenue and
expenditures.
Attachments
Attachment 1 Resolution 2025-015
Attachment 2 Award Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
Jan 17, 2024 Mayor and City Council adopted resolution No. 2024-020,
authorizing the City Manager to accept the FY 2022 Project
Safe Neighborhoods. Grant and the Director of Finance to
amend the FY 2023/2024 adopted budget approving $175,000
in both revenue and expenditures.
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Dec 07, 2022 Mayor and City Council adopted resolution No. 2022-243
authorizing the City Manager to accept the FY 2019 Project
Safe Neighborhoods Grant and the Director of Finance to
amend the FY 2022/2023 adopted budget approving
$177,154.51 in both revenue and expenditures.
Sept 21, 2022 Mayor and City Council adopted resolution No. 2022-192
authorizing the City Manager to accept the FY 2021 Project
Safe Neighborhoods Grant and the Director of Finance to
amend the FY 2022/2023 adopted budget approving $200,000
in both revenue and expenditures.
June 6, 2021 Mayor and City Council adopted resolution No. 2021-132
authorizing the City Manager to accept the FY 2020 Project
Safe Neighborhoods Grant and the Director of Finance to
amend the FY 2020/21 adopted budget appropriating $174,496
in both revenue and expenditures.
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RESOLUTION NO. 2025-015
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY 2023 DEPARTMENT OF JUSTICE, PROJECT SAFE
NEIGHBORHOODS GRANT FUNDING AND AUTHORIZE
THE INTERIM DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
ADOPTED BUDGET APPROPRIATING $175,000 IN BOTH
REVENUE AND EXPENDITURES.
WHEREAS, the City of San Bernardino has been awarded the FY 2023 Project Safe
Neighborhoods Grant funding in the amount of $175,000.00; and,
WHEREAS, The City will utilize grant funding to deploy Violent Crime Impact Teams,
which will use data-driven intelligence to guide their patrols and help reduce violent crime across
the City.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS:
SECTION 1.Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Acceptance of PSN Grant. The City Manager is hereby authorized to
execute the grant agreement between the City of San Bernardino and the San Diego Association
of Governments and accept the FY 2023 Project Safe Neighborhoods Grant in the amount of
$175,000.00.
SECTION 3. Amendment of Adopted Budget. The Agency Director of Administrative
Services is hereby authorized to amend the FY 2024/25 Adopted Budget increasing revenue and
expenditures by $175,000.00.
SECTION 4.California Environmental Quality Act (“CEQA”). 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 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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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-015, adopted at a regular meeting held on the ___ day of _______ 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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SUBAWARD INFORMATION
Federal Award Identification U.S. Department of Justice (US DOJ), Office of Justice Programs (OJP),
Bureau of Justice Assistance (BJA)
Subrecipient City of San Bernardino - San Bernardino Police Department (SBPD)
Subrecipient’s Unique Entity Identifier HRJPGFZSC3H6
Subaward Number and Project Title FY2023 PSN Gang and Gun Crime Reduction Program
Federal Award Identification Number (FAIN)15PBJA-23-GG-02435-GUNP
Federal Award Date 09/25/2023
Subaward Period of Performance Start and
End Dates
10/01/2023 – 09/30/2026
Subaward Budget Period Start and End
Dates
10/01/2023 – 09/30/2026
Amount of Federal Funds Obligated by this
action by SANDAG to the Subrecipient
$175,000
Total Amount of Federal Funds Obligated to
the Subrecipient by SANDAG including the
current financial obligation
$175,000
Total Amount of the Federal Award
committed to the Subrecipient by SANDAG
$175,000
Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency
Act (FFATA)
This project is supported under Fiscal Year 2023 (BJA – Project Safe
Neighborhoods Award) 34 USC 60701-05. Project Safe Neighborhoods
(PSN) is designed to create and foster safer communities through a
sustained reduction in violent crime. The program's effectiveness depends
upon the ongoing coordination, cooperation, and partnerships of local,
state, tribal, and federal law enforcement agencies and community
organizations working together with the communities they serve —
engaged in a unified approach coordinated by the U.S. Attorney (USA) in
all 94 districts.
Federal awarding agency U.S. Department of Justice (DOJ), Office of Justice Programs (OJP),
Bureau of Justice Assistance (BJA)
Fiscal Agent and contact information of
awarding official
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
(619) 699-1900
grantsapplication@sandag.org
Catalog of Federal Domestic Assistance
(CFDA)
16.609 – Project Safe Neighborhoods
Is this Subaward for Research and
Development?
No
Indirect cost rate for the Federal award per 2
CFR 200.414
N/A
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FY 2023 PROJECT SAFE NEIGHBORHOODS
SUBAWARD GRANT AGREEMENT
BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND SAN BERNARDINO POLICE DEPARTMENT (SBPD)
AGREEMENT NO. INSERT NUMBER
This Subaward Grant Agreement No. Insert Number (AGREEMENT), executed as of the date of the last
signature shown on the signature page, is between the San Diego Association of Governments, 401 B
Street, Suite 800, San Diego, California 92101 (SANDAG), and City of San Bernardino - San Bernardino
Police Department, 710 N. D Street, San Bernardino, CA 92410 (hereinafter referred to as
“SUBRECIPIENT”). SANDAG and SUBRECIPIENT are also hereinafter collectively referred to as “the
Parties.”
RECITALS
WHEREAS, SUBRECIPIENT submitted a proposal in response to the Office of the United States
Attorney (USAO), Southern District of California solicitation for innovative, multi-disciplinary, multi-agency
approaches to address violent crime through the cultivation of collaborative relationships; and
WHEREAS, SANDAG is the fiscal agent of the grant for the FY 2023 Project Safe Neighborhood
(PSN), (CFDA Number 16.609) (the “Master Agreement” or “Grant”) from the U.S. Department of Justice
(DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA);
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
I. GRANT AWARD AND TERM OF AGREEMENT
A.The total amount payable to SUBRECIPIENT pursuant to this AGREEMENT by SANDAG shall
not exceed the amount shown on the first page of this AGREEMENT (Fund Limit). It is agreed
and understood that this Fund Limit is a ceiling and that SANDAG will only reimburse the
allowable cost of services actually rendered in accordance with the AGREEMENT. The actual
amount reimbursed by SANDAG may be less than the Fund Limit.
B.The effective date is the Subaward Period of Performance Start Date shown on the first page of
this AGREEMENT. SANDAG authorizes RECIPIENT to begin working on the Project, and
SUBRECIPIENT agrees to undertake Project work, promptly after receiving a written Notice to
Proceed from SANDAG. SUBRECIPIENT shall not proceed with the Project, and shall not be
eligible to receive payment for work performed, prior to SANDAG issuance of a written Notice to
Proceed.
C.This AGREEMENT shall terminate on the Subaward Period of Performance End Date shown on
the first page of this AGREEMENT unless it is amended in writing by the Parties.
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II. NOTIFICATION OF PARTIES
All notices herein provided to be given, or which may be given, by either party to the other, shall be
deemed to have been fully given when made in writing and received by the parties at their respective
addresses:
SANDAG:San Diego Association of Governments
Attention: Dr. Octavio Rodriguez Ferreira
401 B Street, Suite 800
San Diego, CA 92101
Octavio.RodriguezFerreira@sandag.org
SUBRECIPIENT:City of San Bernardino - San Bernardino
Police Department (SBPD)
Attention Lieutenant Jason King
710 N. D Street
San Bernardino, CA 92410
King_ja@sbcity.org
III. SCOPE OF PERFORMANCE
A.SUBRECIPIENT agrees to complete the Project as described in the Statement of Work attached
as Exhibit A to this AGREEMENT using the awarded federal funds provided under the
AGREEMENT solely for the Project.
B.This AGREEMENT was awarded based on the application submitted by SUBRECIPIENT with the
intention that the awarded funds would be used to implement the Project as described in the
Statement of Work. Any substantive deviation from the Statement of Work must be approved in
advance by written amendment if grant funds are to be used for such changes. If
SUBRECIPIENT believes substantive changes need to be made to the Project, SUBRECIPIENT
will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is
still consistent with the overall objectives of the relevant federal funding program and whether the
changes would have negatively affected the Project ranking during the grant application process.
SANDAG reserves the right to have AGREEMENT funding withheld or refunded due to
substantive Project changes.
C.Any adjustments to the budget that result in a change of 10% or less of the total contract value
shall not require a formal contract amendment. Such modifications may be approved and
documented by mutual written agreement between the parties and shall be deemed valid without
the need for further revision of this contract.
D.SUBRECIPIENT shall make diligent and timely progress toward completion of the Project within
the timelines set forth in the Project Schedule, if any, included in the Statement of Work.
E.In the event SUBRECIPIENT encounters or anticipates difficulty in meeting the Project Schedule,
SUBRECIPIENT shall immediately notify SANDAG in writing and shall provide pertinent details,
including the reason(s) for the delay in performance and the date by which SUBRECIPIENT
expects to complete performance. SUBRECIPIENT’s notification shall be informational in
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character only and SANDAG’s receipt of it shall not be construed as a waiver by SANDAG of a
project delivery schedule or date, or any rights or remedies provided by this AGREEMENT.
IV. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200,
as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this FY 2023 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2023
award supplements funds previously awarded by OJP under the same award number (e.g., funds
awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all
funds under that award number (regardless of the award date, and regardless of whether derived from
the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY
2023 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards
and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that SUBRECIPIENT must retain -- typically
for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a
different retention period applies -- and to which SUBRECIPIENT must provide access, include
performance measurement information, in addition to the financial records, supporting documents,
statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part
200 Uniform Requirements, SUBRECIPIENT is to contact SANDAG promptly to seek clarification from
OJP.
V. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the
OJP website (https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be
posted during the period of performance. SUBRECIPIENT agrees to comply with the DOJ Grants
Financial Guide.
VI. COMPLIANCE WITH GENERAL APPROPRIATIONS LAW RESTRICTIONS ON THE USE OF
FEDERAL FUNDS (FY 2023)
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable restrictions on the use
of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various
"general provisions" in the Consolidated Appropriations Act, 2023, are set out at
https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated by reference
here.
Should a question arise as to whether a particular use of federal funds by SUBRECIPIENT would or
might fall within the scope of an appropriations-law restriction, SUBRECIPIENT is to contact SANDAG
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promptly to seek guidance from OJP and may not proceed without the express prior written approval of
OJP.
VII. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34 OF THE
UNITED STATES CODE
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP
awards (that is, OJP grants and cooperative agreements), including many provisions previously codified
in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory
provision as reclassified to Title 34. This rule of construction specifically includes references set out in
award conditions, references set out in material incorporated by reference through award conditions, and
references set out in other award requirements.
VIII. FUNDING REQUIREMENTS
A.It is mutually understood between the parties that this AGREEMENT may have been written for
the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if
the AGREEMENT was executed only after ascertaining the availability and appropriation of funds.
B.This AGREEMENT is valid and enforceable only if sufficient funds are made available to
SANDAG by the United States Government for the purpose of this Project. In addition, this
AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute
enacted by the SANDAG Board of Directors, Congress or the State Legislature that may affect
the provisions, terms, or funding of this AGREEMENT in any manner.
C.It is mutually agreed that, if the Congress does not appropriate sufficient funds for the program
and Project, this AGREEMENT shall be amended to reflect any reduction in funds.
D.SANDAG has the option to void this AGREEMENT under the termination clause or to amend this
AGREEMENT to reflect any reduction of funds. In the event of an unscheduled termination,
SANDAG may reimburse or offset SUBRECIPIENT costs in accordance with the provisions of
this AGREEMENT.
IX. PAYMENT
A.The method of payment for this AGREEMENT will be based upon actual allowable costs.
SANDAG will reimburse SUBRECIPIENT for expended actual allowable direct and indirect costs,
including, but not limited to, labor costs, employee benefits, and travel and third-party contract
costs incurred by SUBRECIPIENT in performance of the Project work, not to exceed the Fund
Limit set forth in this AGREEMENT.
B.A subrecipient that is eligible under the Part 200 Uniform Requirements and other applicable law
to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use
the "de minimis" indirect cost rate, must advise SANDAG and OJP in writing of both its eligibility
and its election, and must comply with all associated requirements in the Part 200 Uniform
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Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC)
as defined by the Part 200 Uniform Requirements.
C.Federal funds must be used to supplement existing State and local funds for program activities
and must not supplant (replace) those funds that have been appropriated for the same purpose.
D.SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and
reporting requirements, where applicable) governing the use of federal funds for expenses related
to conferences (as that term is defined by DOJ), including the provision of food and/or beverages
at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
E.Reimbursement of SUBRECIPIENT expenditures will be authorized only for those allowable costs
actually incurred by SUBRECIPIENT in the performance of the Project work. SUBRECIPIENT
must have incurred the expenditures on or after receiving the SANDAG Notice to Proceed and
before the Termination Date of this AGREEMENT, and also must have paid for those costs to
claim any reimbursement.
F.Approval of this award does not indicate approval of any consultant rate in excess of $650 per
day. A detailed justification must be submitted to and approved by the OJP program office prior to
obligation or expenditure of such funds.
G.With respect to any award of more than $250,000 made under a solicitation, a recipient may not
use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of
the recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a
member of the federal government's Senior Executive Service (SES) at an agency with a
Certified SES Performance Appraisal System for that year. The 2023 salary table for SES
employees is available on the Office of Personnel Management website.
OJP does not apply this limitation on the use of award funds to the nonprofit organizations listed
in Appendix VIII to 2 C.F.R. Part 200. See the DOJ Financial Guide for more information on
Employee Compensation.
H.SUBRECIPIENT shall submit invoices no more frequently than monthly, and no less frequently
than every 90 calendar days. SANDAG will reimburse SUBRECIPIENT for all allowable Project
costs no more frequently than monthly, and no less frequently than every 90 calendar days, in
arrears as promptly as SANDAG fiscal procedures permit upon receipt of itemized signed
invoices. The standardized SUBRECIPIENT invoice and reporting forms will be provided by
SANDAG. Invoices shall reference this AGREEMENT, and shall be signed and submitted to
SANDAG at the following address or as may be otherwise indicated by SANDAG in the event it
transitions to an electronic invoicing process:
San Diego Association of Governments
Attention: Kami Leone
401 B Street, Suite 800
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San Diego, CA 92101
Kami.Leone@sandag.org
X. COST PRINCIPLES
A.SUBRECIPIENT agrees to comply with 2 CFR 200, including but not limited to the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements and the DOJ Grants
Financial Guide, as applicable.
B.Any Project costs for which SUBRECIPIENT has received payment or credit that are determined
by subsequent audit to be unallowable under 2 CFR 200 or the DOJ Grants Financial Guide are
subject to repayment by SUBRECIPIENT to SANDAG by offset or other means approved by
SANDAG. Should SUBRECIPIENT fail to reimburse moneys due SANDAG within 30 calendar
days of discovery or demand, or within such other period as may be agreed to in writing between
the Parties hereto, SANDAG is authorized to intercept and withhold future payments due
SUBRECIPIENT from SANDAG.
C.If SUBRECIPIENT currently has other active awards of federal funds, or if SUBRECIPIENT
receives any other award of federal funds during the period of performance for this award,
SUBRECIPIENT promptly must determine whether funds from any of those other federal awards
have been, are being, or are to be used (in whole or in part) for one or more of the identical cost
items for which funds are provided under this award. If so, SUBRECIPIENT must promptly notify
SANDAG and the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential
duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification
or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate
duplication of funding.
XI. RESTRICTIONS ON “LOBBYING”
In general, as a matter of federal law, federal funds awarded by OJP may not be used by
SUBRECIPIENT, or its subrecipients at any tier, either directly or indirectly, to support or oppose the
enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government.
See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes
certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by
SUBRECIPIENT, or its subrecipients at any tier, to pay any person to influence (or attempt to influence) a
federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with
respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or
loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C.
1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a subrecipient would or might
fall within the scope of these prohibitions, SUBRECIPIENT is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
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XII. INDEMNIFICATION AND LIABILITY
A.Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or
rights in third parties to this AGREEMENT or effect the legal liability of either party to the
AGREEMENT by imposing any standard of care with respect to operation, maintenance, or repair
different from the standard of care imposed by law or this AGREEMENT. In connection with the
Project, SUBRECIPIENT agrees that SANDAG shall not be subject to any obligations or liabilities
to any subrecipient, or other person or entity that is not a party to this AGREEMENT.
Notwithstanding that SANDAG may have concurred in or approved any subaward or contract at
any tier, SANDAG has no obligations or liabilities to any entity other than the SUBRECIPIENT,
including any subrecipient at any tier.
B.Neither SANDAG nor any officer or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by SUBRECIPIENT or its
subrecipients or subcontractors under or in connection with any work, authority, or jurisdiction
arising from or related to this AGREEMENT. SUBRECIPIENT, its subrecipients and
subcontractors shall fully defend, indemnify, and save harmless SANDAG, its officers and
employees from all claims, suits, or actions of every name, kind, and description occurring by
reason of anything done or omitted to be done by SUBRECIPIENT, its subrecipients and
subcontractors under or in connection with any work, authority, or jurisdiction arising under this
AGREEMENT.
XIII. INSURANCE
SUBRECIPIENT shall procure and maintain, and shall cause its subrecipients to maintain, during the
period of performance of this AGREEMENT, and for 12 months following the termination date of this
AGREEMENT, policies of insurance from insurance companies authorized to do business in the State of
California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general
aggregate for personal and bodily injury, including death, and broad form property damage. The
policy must include an acceptable “Waiver of Transfer Rights of Recovery Against Others
Endorsement.” The policy must name SANDAG as an additional insured in the endorsement. A
deductible or retention may be utilized, subject to approval by SANDAG.
B. Automobile Liability. For personal and bodily injury, including death, and property damage in an
amount not less than $1,000,000. Third-party contractor shall include SANDAG as a loss payee
on its policy.
C. Workers’ Compensation and Employer’s Liability. Policy must comply with the laws of the
State of California. The policy must include an acceptable “Waiver of Right to Recover From
Others Endorsement”.
SUBRECIPIENT shall furnish satisfactory proof by one or more certificates that it has the foregoing
insurance. These policies shall be primary insurance as to SANDAG so that any other coverage held by
SANDAG shall not contribute to any loss under insurance procured and maintained by SUBRECIPIENT
required under this AGREEMENT. Each insurance policy shall contain a clause, which provides that the
policy may not be canceled without first giving 30 days’ advance written notice to SANDAG. For purposes
of this notice requirement, any material change in the policy prior to its expiration shall be considered a
cancellation.
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SUBRECIPIENT shall maintain sufficient insurance or a self-insurance program approved by SANDAG to
cover all casualty losses and ensure the repair or replacement of federally funded Property. In the event a
piece of Property is not replaced or repaired, SUBRECIPIENT agrees to transfer any insurance proceeds
received to SANDAG for remitting the federal share.
XIV. NON-DISCRIMINATION
A.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
38
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any
applicable requirements regarding written notice to program beneficiaries and prospective
program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to subrecipient organizations that engage in or conduct explicitly
religious activities, as well as rules and requirements that pertain subrecipients that are faith-
based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
B.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
42
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R.
Part 42 that relate to an equal employment opportunity program.
C.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
54
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education
programs."
D.SUBRECIPIENT, and its subrecipients at any tier, shall not unlawfully discriminate, harass, or
allow harassment, against any employee or applicant for employment because of race, color,
religion, creed, national origin, ancestry, age (over 40), gender identity or expression, sex
(including pregnancy, childbirth, breastfeeding or related medical conditions), medical condition,
physical or mental disability, genetic information, sexual orientation, marital status, military or
veteran status or any other category protected under federal, state or local law. SUBRECIPIENT
and its third-party contractors shall ensure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment.
SUBRECIPIENT and its third-party contractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code section 12900 et seq.) and the applicable
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regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the
California Code of Regulations, are incorporated into this AGREEMENT by this reference and are
made a part hereof as if set forth in full. SUBRECIPIENT and its third-party contractor shall give
written notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement.
E.SUBRECIPIENT certifies that Limited English Proficiency persons have meaningful access to the
services under this program(s). National origin discrimination includes discrimination on the basis
of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act,
subrecipients are required to take reasonable steps to ensure that LEP persons have meaningful
access to their programs. Meaningful access may entail providing language assistance services,
including oral and written translation when necessary. The U.S. Department of Justice has issued
guidance for grantees to help them comply with Title VI requirements. The guidance document
can be accessed on the Internet at www.lep.gov.
F.SUBRECIPIENT shall include the nondiscrimination and compliance provisions of this Section in
all subawards under this AGREEMENT.
G.SUBRECIPIENT shall sign and submit to SANDAG the following forms attached to this
AGREEMENT, prior to, or concurrently with, this AGREEMENT: “Certificate of Nondiscrimination
Assurances,” and “Equal Employment Opportunity Certificate of Compliance.”
XV. ALL SUBAWARDS MUST HAVE SPECIFIC FEDERAL AUTHORIZATION
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a
procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization) and are incorporated by reference here.
Although SUBRECIPIENT may delegate any or almost all Project responsibilities to one or more
subrecipients at any tier, SUBRECIPIENT agrees that it, rather than any subrecipients, is ultimately
responsible for compliance with all applicable laws, regulations, and this AGREEMENT.
XVI. PURCHASES BY SUBRECIPIENT
A.Prior authorization in writing by SANDAG shall be required before SUBRECIPIENT enters into
any non-budgeted third-party contracts exceeding the then-prevailing federal micropurchase
threshold for supplies, equipment, or consultant services. SUBRECIPIENT shall provide an
evaluation of the necessity or desirability of incurring such costs.
B.For the purchase of any item, service, or consulting work not covered in the Statement of Work
and exceeding the then-prevailing federal micropurchase threshold, SUBRECIPIENT must
competitively bid the work, or the absence of bidding must be adequately justified, and prior
authorization must be obtained from SANDAG.
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1. Specific to procurement contracts that would exceed the Simplified Acquisition Threshold,
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable
requirements to obtain specific advance approval from the federal funding agency to use
a noncompetitive process. This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract"
(and therefore does not consider a subaward).
2. The details of the requirement for advance approval to use a noncompetitive approach in
a procurement contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition:
Specific post-award approval required to use a noncompetitive approach in a
procurement contract (if contract would exceed $250,000)) and are incorporated by
reference here.
C.SUBRECIPIENT shall maintain ownership of any real or personal property purchased using
AGREEMENT funding (Property) and shall use such Property only for the purposes set forth in
this AGREEMENT. The parties agree to meet and confer in good faith to ensure the continued
use of the Property for the purposes intended.
D.SUBRECIPIENT shall maintain, or cause to be maintained, the Property at a high level of
cleanliness, safety, and if applicable, mechanical soundness, under maintenance procedures,
which SUBRECIPIENT must create and implement, consistent with the purposes for which they
were intended. SANDAG and the OJP shall have the right to conduct periodic maintenance
inspections for the purpose of confirming the existence, condition, and proper maintenance of the
Property. SUBRECIPIENT agrees to make all maintenance records available to SANDAG and
include as applicable in progress or other reports.
E.Any Property purchased as a result of this AGREEMENT is subject to the following:
1. SUBRECIPIENT shall maintain an inventory record for each piece of non-expendable
Property purchased or built with funds provided under the terms of this AGREEMENT.
2. The inventory record of each piece of such Property shall include, but not be limited to,
the description, I.D. number, acquisition date, cost, grant-funded percentage, grant
number, useful life, location, use and condition, disposition action, title holder, and/or any
other information necessary to identify said Property. (2 CFR 200).
3. Non-expendable Property so inventoried are those items of Property that have a normal
life expectancy of one year or more and an approximate unit price of $5,000 or more. In
addition, theft-sensitive items of Property costing less than $5,000 shall be inventoried. A
copy of the inventory record must be submitted to SANDAG upon request by SANDAG.
F.2 CFR 200 requires a credit to Federal funds when participating Property with a fair market value
greater than $5,000 is credited to the Project.
XVII. EMPLOYMENT VERIFICATION FOR HIRING UNDER THE AWARD
A.SUBRECIPIENT, and its subrecipients must--
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1. Ensure that, as part of the hiring process for any position within the United States that is
or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient)
properly verifies the employment eligibility of the individual who is being hired, consistent
with the provisions of 8 U.S.C. 1324a(a)(1).
2. Notify all persons associated with the recipient (or any subrecipient) who are or will be
involved in activities under this award of both—
a. this award requirement for verification of employment eligibility, and
b. the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make
it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
3. Provide training (to the extent necessary) to those persons required by this condition to
be notified of the award requirement for employment eligibility verification and of the
associated provisions of 8 U.S.C. 1324a(a)(1).
4. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to
compliance with this award condition in accordance with Form I-9 record retention
requirements, as well as records of all pertinent notifications and trainings.
B.Monitoring
SUBRECIPIENT’s monitoring responsibilities include monitoring of its subrecipients’ compliance
with this condition.
C.Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds
may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed
to ensure compliance with this condition.
D.Rules of construction
1. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this
award" specifically includes (without limitation) any and all recipient (or any subrecipient)
officials or other staff who are or will be involved in the hiring process with respect to a
position that is or will be funded (in whole or in part) with award funds.
2. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the recipient (or any subrecipient) may choose to participate in,
and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act
on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify
procedures, including in the event of a "Tentative Nonconfirmation" or a "Final
Nonconfirmation") to confirm employment eligibility for each hiring for a position in the
United States that is or will be funded (in whole or in part) with award funds.
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3. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the
Virgin Islands of the United States, and the Commonwealth of the Northern Mariana
Islands.
4. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including
any applicable civil rights or nondiscrimination law.
5. Nothing in this condition, including in the paragraph titled “Employment eligibility
confirmation with E-Verify”, shall be understood to relieve any subrecipient at any tier, or
any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C.
1324a(a)(1).
6. Questions about E-Verify should be directed to DHS. For more information about E-Verify
visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-
Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
7. Questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
XVIII. ETHICS
A.Written Code of Conduct
SUBRECIPIENT agrees to maintain a written code of conduct or standards of conduct that shall
govern the actions of its officers, employees, board members, or agents engaged in the award or
administration of subawards or contracts supported with funding provided under this
AGREEMENT. SANDAG has established policies concerning potential conflicts of interest. These
policies apply to SUBRECIPIENT.
B.Conflicts of Interest
For all awards by SANDAG or SUBRECIPIENT, any practices which might result in unlawful
activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful
considerations. SANDAG and SUBRECIPIENT staffs are specifically prohibited from participating
in the selection process for a procurement when those staff have a close personal relationship,
family relationship, or past (within the last 12 months), present, or potential business or
employment relationship with a person or business entity seeking a contract. It is unlawful for any
contract to be made by SANDAG or SUBRECIPIENT if one of their respective board members or
staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or
accepting gratuities from any organization seeking funding from SANDAG or SUBRECIPIENT.
Neither SANDAG nor SUBRECIPIENT’s officers, employees, agents, and board members shall
solicit or accept gifts, gratuities, favors, or anything of monetary value from contractors, potential
contractors, or parties to subagreements.
By signing this AGREEMENT, SUBRECIPIENT affirms that it has no knowledge of an ethical
violation by SANDAG or SUBRECIPIENT staff. If SUBRECIPIENT has any reason to believe a
conflict of interest exists with regard to the AGREEMENT or the Project, it should notify the
SANDAG Office of General Counsel immediately.
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C.Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
SUBRECIPIENT, and its subrecipients at any tier, must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient,
contractor, subcontractor, or other person has, in connection with funds under this award-- (1)
submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation
of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed
to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:
Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
D.Restrictions and Certifications Regarding Non-disclosure Agreements and Related Matters
No subrecipient under this award, or entity that receives a procurement contract or subcontract
with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit
or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or
law enforcement representative of a federal department or agency authorized to receive such
information.
The foregoing is not intended and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any other
form issued by a federal department or agency governing the nondisclosure of classified
information.
1. In accepting this award, SUBRECIPIENT--
a. represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit
or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise
restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as
described above, it will immediately stop any further obligations of award funds,
will provide prompt written notification to the federal agency making this award,
and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If SUBRECIPIENT does or is authorized under this award to make subawards,
procurement contracts, or both--
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a. it represents that--
i. it has determined that no other entity that the recipient's application
proposes may or will receive award funds (whether through a subaward,
procurement contract, or subcontract under a procurement contract)
either requires or has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above;
and
ii. it has made appropriate inquiry, or otherwise has an adequate factual
basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring
its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of
award funds to or by that entity, will provide prompt written notification to the
federal agency making this award, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by that agency.
E.Compliance with 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees)
SUBRECIPIENT, and its subrecipients at any tier, must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under
specified circumstances, discrimination against an employee as reprisal for the employee's
disclosure of information related to gross mismanagement of a federal grant, a gross waste of
federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
SUBRECIPIENT also must inform its employees, in writing (and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award,
SUBRECIPIENT is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for
guidance.
XIX. RECORDS RETENTION AND AUDITS
A.SUBRECIPIENT and its subrecipients at any tier shall establish and maintain an accounting
system and records that properly accumulate and segregate incurred Project costs and matching
funds by line item for the Project. The accounting system of SUBRECIPIENT, and its third-party
contractors at any tier shall conform to Generally Accepted Accounting Principles (GAAP), enable
the determination of incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices. All accounting records and other supporting
papers of SUBRECIPIENT and its subrecipients at any tier connected with Project performance
under this AGREEMENT shall be maintained for a minimum of three years from the date of the
SANDAG final payment to SUBRECIPIENT and shall be held open to inspection, copying, and
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audit by representatives of SANDAG and auditors representing the federal government. Copies
thereof will be furnished by SUBRECIPIENT and its subrecipients at any tier upon receipt of any
request made by SANDAG or its agents.
B.SUBRECIPIENT and its subrecipients at any tier will permit access to all records of employment,
employment advertisements, employment application forms, and other pertinent data and records
by the State Fair Employment Practices and Housing Commission, or any other agency of the
State of California designated by SANDAG for the purpose of any investigation to ascertain
compliance with this AGREEMENT.
C.SUBRECIPIENT understands and agrees that the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if (as
determined by the DOJ awarding agency) SUBRECIPIENT does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
XX. HIGH-RISK GRANTEE LIST
A.If SUBRECIPIENT is designated "high risk" by a federal grant-making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award,
SUBRECIPIENT must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReporting@ojp.usdoj.gov and SANDAG at the email address specified for
receiving notices under this AGREEMENT. For purposes of this disclosure, high risk includes any
status under which a federal awarding agency provides additional oversight due to
SUBRECIPIENT's past performance, or other programmatic or financial concerns with
SUBRECIPIENT. SUBRECIPIENT's disclosure must include the following: 1. The federal
awarding agency that currently designates SUBRECIPIENT high risk, 2. The date
SUBRECIPIENT was designated high risk, 3. The high-risk point of contact at that federal
awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk
status, as set out by the federal awarding agency.
B.SUBRECIPIENT agrees to comply with any additional requirements that may be imposed by the
DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this
award, if SUBRECIPIENT is designated as "high-risk" for purposes of the DOJ high-risk grantee
list.
XXI. MONITORING AND COMPLIANCE
SUBRECIPIENT agrees to comply with SANDAG and OJP grant monitoring guidelines, protocols, and
procedures, and to cooperate with SANDAG, BJA and OCFO on all grant monitoring requests, including
requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits.
SUBRECIPIENT agrees to provide to SANDAG, BJA and OCFO all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made under this
AGREEMENT. Further, SUBRECIPIENT agrees to abide by reasonable deadlines set by SANDAG, BJA
and OCFO for providing the requested documents.
SANDAG will engage in a formal written process to notify the SUBRECIPIENT of corrective actions
needed to come into compliance. If SUBRECIPIENT does not take corrective action or does not come
into compliance with the provisions in this AGREEMENT, or fails to cooperate with SANDAG’s, BJA's, or
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OCFO's grant monitoring activities, it may result in sanctions affecting SUBRECIPIENT's DOJ awards,
including, but not limited to: withholdings and/or other restrictions on SUBRECIPIENT's access to grant
funds; referral to the Office of the Inspector General for audit review; designation of SUBRECIPIENT as a
DOJ High Risk grantee; or termination of an award(s).
If SUBRECIPIENT enters into a subaward, the subaward shall contain provisions permitting SANDAG,
BJA, or OCFO to perform all monitoring of that subaward in accordance with this AGREEMENT and the
Federal Uniform Guidance.
XXII. REPORTS AND DATA COLLECTION
A.SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness
of work under this award. The data must be provided to SANDAG in the manner (including within
the timeframes) specified by SANDAG and/or OJP in the program solicitation or other applicable
written guidance. Data collection supports compliance with the Government Performance and
Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
B.SUBRECIPIENT shall submit written progress reports no less frequently than quarterly to allow
SANDAG to determine if SUBRECIPIENT is performing to expectations, is on schedule, is within
funding cost limitations, to communicate interim findings, and to afford occasions for airing
difficulties respecting special problems encountered so that remedies can be developed.
C.SUBRECIPIENT understands and agrees that quarterly Federal Financial Reports (SF-425) and
semi-annual performance reports must be submitted through JustGrants (justgrants.usdoj.gov),
and that quarterly performance metrics reports must be submitted through BJA's Performance
Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed information on
reporting and other requirements, refer to BJA's website. Failure to submit required reports by
established deadlines may result in the freezing of grant funds and High Risk designation.
D.SUBRECIPIENT also agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this Project.
XXIII. COPYRIGHT; DATA RIGHTS
SUBRECIPIENT acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license
to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in
connection with derivative works), for Federal purposes: (1) any work subject to copyright developed
under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or
subrecipient (at any tier) purchases ownership with Federal support.
SUBRECIPIENT acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use
the data first produced under any such award or subaward; and (2) authorize others to receive,
reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in
Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General).
It is the responsibility of SUBRECIPIENT, and of its subrecipients at any tier, to ensure that the provisions
of this condition are included in any subaward (at any tier) under this award.
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SUBRECIPIENT has the responsibility to obtain from subrecipients, contractors, and subcontractors (if
any) all rights and data necessary to fulfill SUBRECIPIENT’s obligations to the Government under this
award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the
Government such rights, SUBRECIPIENT shall promptly bring such refusal to the attention of the OJP
program manager for the award and not proceed with the agreement in question without further
authorization from the OJP program office.
XXIV. CONFIDENTIALITY
A.SUBRECIPIENT, and its subrecipients at any tier, must comply with all confidentiality
requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and
revelation of data or information. SUBRECIPIENT further agrees, as a condition of award
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22
and, in particular, 28 C.F.R. 22.23.
B.SUBRECIPIENT, and its subrecipients at any tier, must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) --
(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded
program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130).
SUBRECIPIENT's breach procedures must include a requirement to report actual or imminent
breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual
breach, or the detection of an imminent breach.
XXV. COMPLIANCE WITH OTHER AWARD REQUIREMENTS
A.RECIPIENT represents and warrants to SANDAG that it has all necessary licenses, permits,
qualifications and approvals, of whatever nature, that are legally required for it to operate legally.
RECIPIENT further represents and warrants to SANDAG that it shall keep in effect at all times
during the term of this AGREEMENT any licenses, permits, and approvals that are required for it
to perform under this AGREEMENT.
B.OJP Training Guiding Principles
Any training or training materials that SUBRECIPIENT, or its subrecipients at any tier, develops
or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for
Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
A.SUBRECIPIENT agrees to submit to BJA for review and approval any curricula, training
materials, proposed publications, reports, or any other written materials that will be published,
including web-based materials and web site content, through funds from this grant at least thirty
(30) working days prior to the targeted dissemination date. Any written, visual, or audio
publications, with the exception of press releases, whether published at SUBRECIPIENT's or
government's expense, shall contain the following statements: "This project was supported by
Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of
Justice Assistance is a component of the Department of Justice's Office of Justice Programs,
which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of
Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily
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represent the official position or policies of the U.S. Department of Justice." The current edition of
the DOJ Grants Financial Guide provides guidance on allowable printing and publication
activities.
B.Media and Community Outreach Coordination
SUBRECIPIENT agrees to submit to SANDAG, which will forward to DOJ for review and
approval, any proposal or plan for Project Safe Neighborhoods media-related outreach. DOJ
approval must be received prior to any obligation or expenditure of grant funds related to the
development of media-related outreach projects.
C.Any website that is funded in whole or in part under this award must include the following
statement on the home page, on all major entry pages (i.e., pages (exclusive of documents)
whose primary purpose is to navigate the user to interior content), and on any pages from which
a visitor may access or use a web-based service, including any pages that provide results or
outputs from the service: "This Web site is funded in whole or in part through a grant from the
Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the
U.S. Department of Justice nor any of its components operate, control, are responsible for, or
necessarily endorse, this Web site (including, without limitation, its content, technical
infrastructure, and policies, and any services or tools provided)." The full text of the foregoing
statement must be clearly visible on the home page. On other pages, the statement may be
included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full
text of the statement.
D.Safe Policing and Law Enforcement Subrecipients
If SUBRECIPIENT is a State, local, college, or university law enforcement agency, it affirms that it
has been certified by an approved independent credentialing body or has started the certification
process. This requirement also applies to subrecipients at any tier which are a State, local,
college, or university law enforcement agency. To become certified, law enforcement agencies
must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all
applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit
chokeholds except in situations where use of deadly force is allowed by law. For detailed
information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
E.Determination of Suitability to Interact with Participating Minors
This condition applies to this award if it is indicated -- in the application for the award (as
approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
the activities to be carried out under the award (whether by SUBRECIPIENT, or its subrecipients
at any tier) is to benefit a set of individuals under 18 years of age.
SUBRECIPIENT, and its subrecipients at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless of
an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability
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required, in advance, for certain individuals who may interact with participating minors), and are
incorporated by reference here.
F.Encouragement of Policies to Ban Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages subrecipients to adopt and
enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this award, and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted
drivers.
G.Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including
Reporting Requirements and OJP Authority to Terminate Award)
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the
trafficking of persons, whether on the part of recipients, subrecipients, or individuals defined (for
purposes of this condition) as "employees" of SUBRECIPIENT or of any subrecipient.
The details of SUBRECIPIENT's obligations pertaining to prohibited conduct related to trafficking
in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to terminate award)),
and are incorporated by reference here.
H.Required Attendance at BJA-sponsored Events
SUBRECIPIENT, and its subrecipients at any tier, must participate in BJA-sponsored training
events, technical assistance events, or conferences held by BJA or its designees, upon BJA's
request.
I.SUBRECIPIENT agrees to comply with the requirements of 28 CFR Part 46 and all other
DOJ/OJP policies and procedures regarding the protection of human research subjects, including
informed consent procedures and obtainment of Institutional Review Board (IRB) approval, if
appropriate.
J.SUBRECIPIENT agrees to coordinate the Project with the U.S. Attorney and Project Safe
Neighborhoods Task Force for the district covered by the award. SUBRECIPIENT also is
encouraged to coordinate with other community justice initiatives, and other ongoing, local gun
prosecution and law enforcement strategies.
K.SUBRECIPIENT must report the names and total compensation of the five most highly
compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of
award funds. The details of this condition, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
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This condition, including its reporting requirement, does not apply to-- (1) an award of less than
$30,000, or (2) an award made to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or
her name).
XXVI. CHANGES IN TERMS OR CONDITIONS
A.This AGREEMENT may be amended or modified only by mutual written agreement of the Parties.
B.SUBRECIPIENT agrees to notify SANDAG immediately, in writing, of any change in local law,
conditions (including its legal, financial, or technical capacity), or any other event that may
adversely affect SUBRECIPIENT’s ability to perform the Project in accordance with the terms of
this AGREEMENT. SUBRECIPIENT also agrees to notify SANDAG immediately, in writing, of
any current or prospective major dispute, breach, default, or litigation that may adversely affect
SANDAG interests in the Project or SUBRECIPIENT’s ability to carry out the Project; and agrees
to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason,
in any forum. At a minimum, SUBRECIPIENT agrees to send each notice to SANDAG required
by this subsection to the SANDAG Office of General Counsel.
XXVII. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR
MATERIALLY FALSE STATEMENTS
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of SUBRECIPIENT that relate to conduct during the period of
performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, DOJ may determine that it will not enforce, or
enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions
regarding enforcement, including any such exceptions made during the period of performance, are (or will
be during the period of performance) set out through the OJP webpage entitled "Legal Notices: Special
circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-
AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of SUBRECIPIENT, the authorized recipient official
accepts all material requirements of the award, and specifically adopts, as if personally executed by the
authorized recipient official, all assurances or certifications submitted by or on behalf of SUBRECIPIENT
that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full in the
AGREEMENT, a condition incorporated by reference, or an assurance or certification related to conduct
during the award period -- may result in OJP taking appropriate action with respect to SUBRECIPIENT
and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or
terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under
18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil
penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730
and 3801-3812).
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Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,
that provision shall first be applied with a limited construction so as to give it the maximum effect
permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such
provision shall be deemed severable from this award.
XXVIII. DISPUTES
A.Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of
by agreement shall be finally decided by the SANDAG Chief Executive Officer or delegate, who
may or may not consider any written or verbal evidence submitted by SUBRECIPIENT, in the
Chief Executive Officer’s or delegate’s sole discretion.
B.Neither the pendency of a dispute nor its consideration by SANDAG will excuse either party from
full and timely performance in accordance with the terms of the AGREEMENT.
C.The above dispute resolution procedure does not apply in the event of a dispute resulting in
termination of this AGREEMENT, in which case the procedures set forth in the Part 200 Uniform
Requirements or the DOJ Grants Financial Guide take precedence.
XXIX. EARLY TERMINATION OF THIS AGREEMENT
A Federal award may be terminated in whole or in part as follows:
•By the DOJ awarding agency or SANDAG for failure to comply with the terms and conditions of
an award;
•By the DOJ awarding agency or SANDAG for cause;
•By the DOJ awarding agency or SANDAG with consent of the SUBRECIPIENT, in which case the
two parties must agree upon termination conditions, including the effective date, and in the case
of partial termination, the portion to be terminated; or
•By the SUBRECIPIENT upon sending the DOJ awarding agency or SANDAG written notification
including the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. However, if the DOJ awarding agency determines that
partial termination of the award will not accomplish the purposes for which the award was made,
then DOJ may terminate the award in its entirety.
The awarding agency or SANDAG will provide SUBRECIPIENT with notice of termination. If the award is
terminated for failure to comply with the statutes, regulations, or terms and conditions of the award, the
termination decision may be considered in evaluating future applications received from SUBRECIPIENT.
When an award is terminated or partially terminated, SUBRECIPIENT remains responsible for
compliance with the requirements in 2 C.F.R. § 200.343 (Closeout) and 2 C.F.R. § 200.344 (Post-
closeout adjustments and continuing responsibilities).
XXX. PROJECT CLOSE OUT
The Subaward Period of Performance End Date of this AGREEMENT refers to the last date for
SUBRECIPIENT to incur valid Project costs or credits. SUBRECIPIENT has 60 days after the termination
date of this AGREEMENT to make final allowable payments to its subrecipients or subcontractors,
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prepare and submit Project closeout reports, and submit the final invoice to SANDAG for reimbursement
for allowable Project costs. Any unexpended Project funds invoiced after 90 days post the termination
date of this AGREEMENT will be forfeited and will no longer be accessible by SUBRECIPIENT to
reimburse for Project expenses. See the requirements in 2 C.F.R. § 200.343 (Closeout) and the DOJ
Grants Financial Guide for additional information.
XXXI. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is executed by and between two independent entities
and that this is not intended to, and shall not be construed to, create the relationship of agent, servant,
employee, partnership, joint venture or association, or any other relationship whatsoever other than that
of an independent party.
XXXII. INTEGRATION AND SEVERABILITY
This AGREEMENT represents the entire understanding of SANDAG and SUBRECIPIENT as to those
matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered hereunder. This AGREEMENT may not be modified or altered except in writing,
signed by SANDAG. If any provision of the AGREEMENT is determined invalid, the remainder of the
AGREEMENT shall not be affected if that remainder would continue to conform to the requirements of
applicable laws or regulations. All Attachments to this AGREEMENT are hereby incorporated as though
set forth in full herein.
XXXIII. FORCE MAJEURE
Either party is excused from performance hereunder if such non-performance results from acts of God,
epidemics, war, riots, acts of governmental authorities, or any other cause that could not have been
overcome by the exercise of due diligence or planning by the non-performing party. In the event of the
occurrence of a force majeure event, the party unable to perform shall promptly notify the other party
within five calendar days and provide an explanation describing why the inability to perform is not due in
whole or in part to its actions or inaction. It shall further pursue its best efforts to resume performance as
quickly as possible and shall suspend performance only for such period of time as is necessary as a
result of the force majeure event.
XXXIV. SURVIVAL
The rights, obligations and conditions set forth in the Sections of this AGREEMENT entitled
Indemnification and Liability, Insurance, Notices, Cost Principles, and any right, obligation or condition
that, by its express terms or nature and context is intended to survive the termination or expiration of this
AGREEMENT, shall survive until the last applicable statute of limitations expires.
XXXV. WAIVER
Neither the SANDAG review, approval, or acceptance of, nor payment for, any of the work required under
this AGREEMENT shall be construed to operate as a waiver of any rights under this AGREEMENT by
SANDAG.
XXXVI. NO THIRD PARTY RIGHTS
The federal government shall not be subject to any obligations or liabilities to any third-party contractor or
any other person not a party to the agreement between SANDAG and the DOJ awarding agency.
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Notwithstanding any concurrence provided by the federal government in or approval of any solicitation,
subagreement, or third-party contract, the federal government continues to have no obligations or
liabilities to any party, including SUBRECIPIENT or any other third-party contractor.
XXXVII.ATTACHMENTS
The following attachments are incorporated into and are made part of this AGREEMENT by this reference
and attachment. In the event of conflicting provisions, the following order of precedence will apply:
(1) Part 200 Uniform Requirements; (2) DOJ Grants Financial Guide; (3) the body of this AGREEMENT
excluding attachments; and (4) the attachments to this AGREEMENT.
•Statement of Work
•Project Schedule
•Project Budget
•Indirect Cost Rate Certification Form
•Certificate of Nondiscrimination Assurances
•Equal Employment Opportunity Certificate of Compliance
XXXVIII. SIGNATURES
The persons below assert that they are authorized to execute this AGREEMENT and have executed it as
of the date of the last signature below. This AGREEMENT may be executed in any number of separate
counterparts, each of which shall be deemed an original but all of which when taken together shall
constitute one and the same instrument. The parties hereby agree to the use of electronic signatures to
create mutually binding contractual agreements.
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
CITY OF SAN BERNARDINO - SAN
BERNARDINO POLICE DEPARTMENT
Grace Mino
Interim Senior Director, Data Science Rochelle Clayton
Acting City Manager
APPROVED AS TO FORM:
Office of General Counsel
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EXHIBIT A – STATEMENT OF WORK
Program Description
The Violent Gang and Gun Crime Reduction Program aims to reduce violent crime in San Bernardino by
deploying strategic enforcement, prevention, and intervention efforts. The program will focus on
dismantling violent gangs, reducing illegal firearm circulation, and building positive relationships with at-
risk youth to prevent future violence.
Objectives
Goal 1 - Crime Reduction:
Achieve a 10% reduction in violent crimes, including homicides and aggravated assaults, in targeted
high-crime areas by the end of the grant term.
Goal 2 - Firearm Seizures:
Recover at least 25 illegal firearms, including ghost guns and modified firearms, through targeted
operations by September 30, 2025.
Goal 3 - Youth Engagement:
Enroll 50 at-risk youth in mentoring programs and life skills workshops, with 25% reporting improved
confidence and reduced interest in gang involvement in post-program surveys.
Goal 4 - Law Enforcement Deployments:
Conduct deployments of Emergency Response and Proactive Enforcement Teams in high-crime areas,
increasing during peak periods such as the summer months.
Goal 5 - Gang Activity Suppression:
Reduce reported gang-related incidents in the city by 10% through targeted enforcement and
community outreach efforts.
Goal 6 - Community Engagement:
Host at least 4 community events during the grant period to foster trust and collaboration between
residents and law enforcement, with a 15% increase in attendance compared to 2024 events.
Goal 7 - Collaborative Prosecutions:
Refer at least 20 high-risk individuals for federal or state prosecution through partnerships with ATF, FBI,
and US Marshals.
Goal 8 - Data-Driven Strategies:
Use hotspot analysis to direct enforcement teams, ensuring deployments target identified high-crime
areas.
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Project Budget
Budget Summary
Year 1 Year 2
(if needed)
Year 3
(if needed)
Budget Category
Fe
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)
A. Personnel $167,419 $0 $0 $0 $0 $0 $167,419
B. Fringe Benefits $7,581 $0 $0 $0 $0 $0 $7,581
C. Travel $0 $0 $0 $0 $0 $0 $0
D. Equipment $0 $0 $0 $0 $0 $0 $0
E. Supplies $0 $0 $0 $0 $0 $0 $0
F. Construction $0 $0 $0 $0 $0 $0 $0
G. Subawards
(Subgrants)$0 $0 $0 $0 $0 $0 $0
H. Procurement
Contracts $0 $0 $0 $0 $0 $0 $0
I. Other $0 $0 $0 $0 $0 $0 $0
Total Direct Costs $175,000 $0 $0 $0 $0 $0 $175,000
J. Indirect Costs $0 $0 $0 $0 $0 $0 $0
Total Project Costs $175,000 $0 $0 $0 $0 $0 $175,000
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars,
symposia, and training activities? - Y/N No
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EEOP Certification Form
High Risk Status Disclosure
Disclosure of Lobbying Activities Form
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Certification of De Minimis Indirect Cost Rate Form
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21. Authorize the City Manager to Execute a 6th Amendment with Dignity Health
Corporation for a Police Services Agreement at Community Hospital San
Bernardino and St. Bernardine’s Medical Center. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a 6th Amendment with Dignity Health
Corporation, entering into a Police Services Agreement until December 31, 2027.
2. Authorize the Interim Director of Finance and Management Services to amend the
FY 2024/25 Operating Budget by appropriating $188,801 in both revenue and
expenditures accordingly.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department:Police
Subject:Authorize the City Manager to Execute a 6th Amendment
with Dignity Health Corporation for a Police Services
Agreement at Community Hospital San Bernardino and
St. Bernardine’s Medical Center. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a 6th Amendment with Dignity Health
Corporation, entering into a Police Services Agreement until December 31, 2027.
2. Authorize the Interim Director of Finance and Management Services to amend the
FY 2024/25 Operating Budget by appropriating $188,801 in both revenue and
expenditures accordingly.
Executive Summary
Since 2017, Dignity Health Corporation and the City of San Bernardino have had
agreements for police services in the emergency rooms of St. Bernardine’s Hospital
and Community Hospital. In 2019, Dignity Health began funding fully burdened police
officer positions, and it has provided valuable police resources for both staff and
citizens visiting the emergency rooms. The current agreement (5th Amendment)
expired on December 31, 2024, and Dignity Health is desirous of continuing this
partnership through the approval of a 6th Amendment to the original agreement. This
will continue the funding of two fully burdened police officer positions until December
31, 2027.
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Background
On December 20, 2017, Mayor and City Council adopted Resolution No. 2017-214,
authorizing the City Manager to execute an agreement with Dignity Health Corporation
and the City of San Bernardino Police Department, to provide police services to
Community Hospital and St. Bernardine’s Hospital. The agreement stipulated Dignity
Health would fund two full-time sworn Police Officer or Police Detective overtime
positions, assigning a Police Officer in each emergency room, two days per week.
A renewed agreement spanning January 1, 2019, to December 31, 2021, was
executed on February 19, 2019, under Resolution No. 2019-008, and signed by then
City Manager Andrea Miller. This agreement provided Dignity Health would fund two
full-time sworn Police Officer positions, one at Community Hospital and one at St.
Bernardine’s Hospital, Thursday through Sunday, 1400-2400 hours. This agreement
expired on December 31, 2021; however, extension amendments were agreed upon
until June 30, 2022.The current Dignity Health agreement (5th Amendment), funds two
full-time sworn Police Officers, stationed in Community Hospital and St. Bernardine’s
Hospital emergency rooms, 40 hours per week, expired on December 31, 2024.
During the span of these contracts, officers have handled hundreds of incidents that
would have traditionally required a police patrol response. The location of these officers
has proven valuable to the San Bernardino Police Department, providing for more
Police Officers to remain available for incidents throughout the city.
Discussion
Dignity Health is desirous of continuing a Policing Services Agreement until December
31, 2027, agreeing to fund the fully burdened rate of two full-time sworn Police Officer
positions. Additionally, Dignity Health is desirous of funding one overtime Police Officer
position in the emergency room of St. Bernardine’s, three days per week. Officers
would work the overtime shifts on the days where the regular fully burdened rate officer
is not in the emergency room at St. Bernardine’s. This effectively gives St. Bernardine’s
7-day coverage of the emergency room at the hospital. This overtime position only
extends to St. Bernardine’s and not Community Hospital.
The fully burdened Police Officers would continue to provide four days of coverage to
Community Hospital and St. Bernardine’s. Dignity Health funding will comprehensively
include salary, benefit costs, and overtime costs. For FY 24/25, the budgeted expense
already to Dignity Health has been $188,801, and for the remainder of FY 24/25, the
expense will be an additional $188,801 accordingly. Based on projected cost-of-living
adjustments, the expense to Dignity Health increases to $390,642 by December 31,
2027. The City will continue to bill Dignity Health quarterly for the actual costs incurred.
Packet Page 000692
Hourly Rate
(with
benefits)
Overtime Hourly
Rate
Overtime Hourly
Rate- including
20% admin
overhead fee
Effective Jan 1, 2025 –
Jun 30, 2026
90.77 95.03 114.04
Effective July 1, 2026 –
Jun 30, 2027
92.81 97.44 116.93
Effective July 1, 2027 –
Dec 31, 2027
94.91 99.92 119.90
The table above indicates the pay and benefits costs for the P-1 Police Officer position.
These pay and benefits costs are calculated at an approximate 2.3% increase, ending
December 31, 2027. This is based on cost-of-living adjustments and future projections.
The actual costs for FY 2026/2027 may vary based on the POA labor negotiations and
approved agreement.
2021-2025 Strategic Targets and Goals
The funding of these positions by Dignity Health is aligned with Key Target Goal No.1,
Financial Stability. The ability to “Secure a long-term revenue source,” aligns with
this Agreement. Dignity Health will fund the positions for a period of 3 years, causing
no fiscal impact to the City. This continues the funding of two fully burdened Police
Officer positions.
The request to renew an agreement with Dignity Health is aligned with Key Target
Goal No. 3 ”Improved Quality of Life.” The constant evaluation of public safety
services and the vessel for which it is provided, synthesizes to this agreement. Police
Officers assigned to the emergency rooms, during peak hours, provides immediate
police presence, for incidents traditionally requiring a police patrol response. These
positions mitigate the necessity for a patrol officer to respond to an emergency room
for policing service.
Fiscal Impact
There is no fiscal impact to the General Fund. The Fiscal Year 2024/25 Operating
Budget will be amended to recognize $188,801, in both revenues and expenditures,
from Dignity Health Corporation, for the two fully burdened P-1 Police Officers,
including overtime costs.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a 6th Amendment with Dignity Health
Corporation, entering into a Police Services Agreement until December 31, 2027.
2. Authorize the Interim Director of Finance and Management Services to amend the
Packet Page 000693
FY 2024/25 Operating Budget by appropriating $188,801 in both revenue and
expenditures accordingly.
Attachments
Attachment 1 Dignity Health Sixth Amendment
Attachment 2 Dignity Health Fifth Amendment
Attachment 3 Dignity Health Fourth Amendment
Attachment 4 Dignity Health Third Amendment
Attachment 5 Dignity Health Second Amendment
Attachment 6 Dignity Health First Amendment
Agreement 7 Dignity Health Policing Services Agreement 2019-2022
Attachment 8 Resolution No. 2019-8
Attachment 9 Resolution No. 2017-245
Ward:
All Wards
Synopsis of Previous Council Actions:
July 19, 2022 -Mayor and City Council authorized the City Manager to execute the
Proposed Fifth Amendment with Dignity Health Corporation for Police Services at two
locations.
February 19, 2022 -Amendment to the FY 18/19 Budget, Adopting Resolution No.
2019-8, to transfer funds to increase personnel and the authorization for the City
Manager to execute a Police Services Agreement with Dignity Health Corporation.
December 20, 2017 -The Mayor and City Council adopted Resolution No. 2017-245,
authorizing the City Manager to execute an Agreement between Dignity Health
Corporation and the San Bernardino Police Department and amend the Adopted FY
17/18 Budget.
Packet Page 000694
[210782]291073.1598368 Page 1 of 2
SIXTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT
Neighborhood Policing Program Services
THIS SIXTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT (“Sixth
Amendment”) is entered into effective January 1, 2025 (“Renewal Effective Date”), by and among Dignity
Health, a California nonprofit public benefit corporation, d/b/a St. Bernardine Medical Center; Community
Hospital of San Bernardino, a California nonprofit public benefit corporation; and City of San Bernardino, a
charter city and municipal corporation, on behalf of the City of San Bernardino Police Department, amending
that certain Independent Contractor Agreement entered into among the Parties effective January 1, 2019, as
amended (collectively, the “Agreement”).
THE PARTIES agree as follows:
1. The Parties amend Section E of the Key Informational Terms of the Agreement to read as follows:
“Term. Notwithstanding the initial Effective Date and Expiration Date, this Agreement shall
be renewed on the Renewal Effective Date set forth in the Sixth Amendment. This Agreement
shall expire on December 31, 2027 (the “Expiration Date”).”
2. Part II (Services and Fees) is deleted and replaced with the attached amended Part II.
3. All other terms and conditions of the Agreement remain unchanged, and except as expressly
modified by this Sixth Amendment, the Agreement shall remain in full force and effect. This Sixth Amendment
may be executed by the Parties in any number of separate counterparts and all of said counterparts taken
together shall be deemed to constitute one and the same instrument. Capitalized terms not otherwise defined
herein shall have the meaning set forth in the Agreement.
IN WITNESS WHEREOF, this Sixth Amendment has been executed by and on behalf of the Parties.
AFFILIATE
Dignity Health, a California nonprofit public benefit
corporation, d/b/a St. Bernardine Medical Center
Printed Name:
Title:
Date:
CONTRACTOR
City of San Bernardino, a charter city and municipal
corporation, on behalf of the City of San Bernardino
Police Department
Printed Name:
Title:
Date:
Community Hospital of San Bernardino, a California
nonprofit public benefit corporation
Printed Name:
Title:
Date:
Packet Page 000695
[210782]291073.1598368 Page 2 of 2
Part II
INDEPENDENT CONTRACTOR AGREEMENT
SERVICES AND FEES
a. Description of Services. Contractor shall cause the City of San Bernardino Police Department (“Police
Department”) to provide the Services:
(1) Program Goals. The goal of the Neighborhood Policing Program (“Program”) is to implement a
comprehensive facility policing program with Hospital.
(2) Program Objectives and Deliverables.
o Police Department shall provide two (2) full-time Officers such that one (1) full-time Officer will be
stationed at each Hospital’s emergency department a minimum of four (4) days a week for a total of
40 hours weekly, Thursday through Sunday, at a timeframe to be mutually determined by the Parties.
Officers will dedicate all of their time on the Hospital campuses in the emergency department waiting
rooms or as otherwise mutually agreed upon by Hospital and Police Department.
o Police Department shall provide additional coverage Monday through Wednesday at St. Bernardine
Medical Center (“SBMC”), based on Officer availability and Officer request for assignment. Such
additional coverage is not guaranteed and will be scheduled during timeframes mutually agreed upon
by SBMC and Police Department. Officers will dedicate all of their time during such additional
coverage at the SBMC campus in the emergency department waiting room or as otherwise mutually
agreed upon by SBMC and Police Department. Additional coverage shifts will be compensated at a
special rate (overtime hourly rate plus 20% overhead) as set forth in Section b(3) below.
o Police Department will provide periodic training seminars to enhance personal safety and awareness
as mutually agreed to by Police Department and each Hospital in writing.
o Police Department will assist Hospitals’ security staff in providing police services for the Hospitals’
campuses and immediate area.
b. Fees.
(1) Affiliate agrees to compensate Contractor in the amount not to exceed $220,000 annually per full-time
Officer, which amount shall include any overtime expenditures. The compensation per full-time Officer
will be based on the seniority level of the Officer who provides the Services and will be billed quarterly.
(2) Contractor shall invoice Affiliate on a fiscal year quarter basis (itemized by month). The compensation
billed quarterly shall be prorated based on the number of days this Agreement is in effect in the case of any
partial month or fiscal year quarter at the beginning or the end of the term of this Agreement. Contractor
shall only invoice Affiliate for any applicable pro-rata period for a partial fiscal year quarter. Contractor
shall submit an invoice to Affiliate at the end of each fiscal year quarter or applicable pro-rata period.
(3) Any overtime expenditures that are directly related to the Services must be approved in advance by
Affiliate. Such overtime expenditures will be calculated at 1.5 times the specific Officer’s hourly salary,
will be paid by Affiliate, and will be no greater than:
Hourly Rate Overtime Hourly Rate Overtime Hourly Rate- for
Additional Coverage
Effective January 1, 2025 $90.77 $95.03 $114.04
Effective July 1, 2026 $92.81 $97.44 $116.93
Effective July 1, 2027 $94.91 $99.92 $119.90
Reasonable Expenses. Affiliate shall reimburse Contractor for: (a) reasonable and necessary business expenses incurred in
connection with the performance of the Services if: (i) Affiliate approves the expenses in writing, in advance; (ii) the expenses
relate directly to Contractor’s performance of Services; (iii) the expenses meet the requirements for reimbursement under the
Affiliate Rules; and (iv) Contractor submits receipts to Affiliate within 60 days of incurring the expenses.
Packet Page 000696
Packet Page 000697
Packet Page 000698
[210782]260093.1386911 Page 1 of 1
FOURTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT
Neighborhood Policing Program Services
THIS FOURTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT (“Fourth
Amendment”) is entered into effective June 1, 2022, by and among Dignity Health, a California nonprofit public
benefit corporation, d/b/a St. Bernardine Medical Center; Community Hospital of San Bernardino, a California
nonprofit public benefit corporation; and City of San Bernardino, a charter city and municipal corporation, on
behalf of the City of San Bernardino Police Department, amending that certain Independent Contractor
Agreement entered into among the Parties effective January 1, 2019, as amended (collectively, the
“Agreement”).
THE PARTIES agree as follows:
1. The Parties amend Section E of the Key Informational Terms of the Agreement to read as follows:
“Term. Notwithstanding the initial Effective Date and Expiration Date, the term of this
Agreement shall be extended to June 30, 2022 (the “Expiration Date”).”
2. All other terms and conditions of the Agreement remain unchanged, and except as expressly
modified by this Fourth Amendment, the Agreement shall remain in full force and effect. This Fourth
Amendment may be executed by the Parties in any number of separate counterparts and all of said counterparts
taken together shall be deemed to constitute one and the same instrument. Capitalized terms not otherwise
defined herein shall have the meaning set forth in the Agreement.
IN WITNESS WHEREOF, this Fourth Amendment has been executed by and on behalf of the Parties.
AFFILIATE
Dignity Health, a California nonprofit public benefit
corporation, d/b/a St. Bernardine Medical Center
Printed Name:
Title:
Date:
CONTRACTOR
City of San Bernardino, a charter city and municipal
corporation, on behalf of the City of San Bernardino
Police Department
Printed Name:
Title:
Date:
Community Hospital of San Bernardino, a California
nonprofit public benefit corporation
Printed Name:
Title:
Date:
City Manager
Robert D. Field
President
June Collison
President
Douglas Kleam
DocuSign Envelope ID: 6054021B-E8C8-48EA-AFD7-82AB3FF0E1A8
May 31, 2022
May 31, 2022
Packet Page 000699
Certificate Of Completion
Envelope Id: 6054021BE8C848EAAFD782AB3FF0E1A8 Status: Completed
Subject: Please DocuSign: SBPD Extension
Source Envelope:
Document Pages: 1 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Corrina Sanchez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2101 North Waterman Ave
San Bernardino, CA 92404
corrina.sanchez@dignityhealth.org
IP Address: 162.135.0.63
Record Tracking
Status: Original
5/31/2022 3:30:58 PM
Holder: Corrina Sanchez
corrina.sanchez@dignityhealth.org
Location: DocuSign
Signer Events Signature Timestamp
Douglas Kleam
douglas.kleam@dignityhealth.org
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Signed by link sent to
douglas.kleam@dignityhealth.org
Using IP Address: 97.93.83.78
Signed using mobile
Sent: 5/31/2022 4:11:13 PM
Viewed: 5/31/2022 6:59:08 PM
Signed: 5/31/2022 6:59:17 PM
Electronic Record and Signature Disclosure:
Accepted: 5/31/2022 6:59:08 PM
ID: 1ffd1629-cbca-4c80-bff4-0d487059c7a7
June Collison
june.collison@dignityhealth.org
President
Dignity Health SSRM
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to
june.collison@dignityhealth.org
Using IP Address: 162.135.0.6
Sent: 5/31/2022 4:11:14 PM
Viewed: 5/31/2022 4:13:41 PM
Signed: 5/31/2022 4:20:27 PM
Electronic Record and Signature Disclosure:
Accepted: 8/31/2020 4:28:01 PM
ID: bf728aa6-359a-4772-866d-6f53b68b340e
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Packet Page 000700
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/31/2022 4:11:14 PM
Certified Delivered Security Checked 5/31/2022 4:13:41 PM
Signing Complete Security Checked 5/31/2022 4:20:27 PM
Completed Security Checked 5/31/2022 6:59:17 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Packet Page 000701
Consent to Electronic Signatures and Communications
Under certain laws, Dignity Health (including its subsidiaries and affiliated entities and
collectively referred to as “Dignity Health” in this Consent) is required to obtain your
authorization and consent to obtain your electronic signature on documents related to your
interactions with Dignity Health (the “Interactions”) and to receive electronically copies of such
documents. As a result, we are providing this notice to you in order to obtain your agreement and
consent to conduct our business with you electronically, including your consent to electronically
sign documents arising from Interactions with Dignity Health and to confirm your consent to
provide you with electronic copies of the same.
Please note that we will not provide you with a paper copy of your documents, but we will email
a copy to you and you may otherwise print or save a copy of these documents for your records.
Scope of Your Consent
An "electronic signature" may be clicking a check box, orally stating "I Agree", or otherwise
taking any other action that indicates your agreement to and receipt of a document. By indicating
your consent below, you are agreeing that any electronic signatures that you may provide
are legally binding signatures with the full legal force of a handwritten signature, which
does not need to be verified, validated or certified by any third party. By indicating your
consent below you are also agreeing that we can send you and you will receive electronically
disclosures, communications, notices, forms, applications, policies and modifications to the
same, which we choose to provide you electronically, unless and until you withdraw your
consent as set forth below.
This Consent is voluntary and you may refuse to sign this Consent, but your ability to submit
your request for services electronically will be restricted and potentially delayed.
If you (1) do not wish to consent to electronic signatures in connection with the Services, (2) do
not consent to the electronic submission and receipt of disclosures, communications, notices,
forms, applications, policies and modifications related to the Services or (3) otherwise wish not
to engage in electronic transactions, you may contact us at
management.contract@dignityhealth.org for alternatives to submit your paperwork.
In the event that we elect to discontinue the provision of any electronic communications or
change the terms and conditions on which we provide electronic communications, we will
provide you with any notice of such discontinuance or changes as required by law.
Obtaining a Paper Copy
Your copy of this Consent and all disclosures and communications related to this Consent,
including documents in relation to the Service, will be sent and received electronically as set
forth below. We reserve the right, but assume no obligation except as set forth in this Consent to
provide a paper copy of any communication that you have authorized us to provide
electronically.
blectronic oecord and pignature aisclosure created onW 8/2S/2M2M 12W14W59 mM
marties agreed toW aouglas hleamI gune Collison
Packet Page 000702
You may save a paper copy of certain disclosures and communications by printing them. You
may obtain additional paper copies by contacting us at:
management.contract@dignityhealth.org. There will be no additional charge for obtaining
paper copies.
Accessing Your Electronic Records
In order to receive documents electronically, you need a valid email address, Internet access and
a computer that meets the following minimum hardware and software requirements.
Required hardware and software
Operating
Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Browsers:
Final release versions of Internet Explorer® 6.0 or above (Windows only);
Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above
(Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files
Screen
Resolution: 800 x 600 minimum
Enabled Security
Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
In addition, if you wish to print copies of your documents or otherwise retain your own soft
copy, you will need to have a printer attached to the computer you are using or access to a hard
drive or other electronic storage device, such as a hard drive or USB drive.
By signing below, you are representing that you have access to the minimum requirements
above.
All communications and disclosures related to the Service provided to you electronically will be
provided either via email or via download of a file that contains the electronic record
Withdrawing Your Consent
You may withdraw your consent to engage in electronic communications and transactions as
described in this Consent at any time by contacting Dignity Health’s Supply and Service
Resource Management Department at: management.contract@dignityhealth.org. Any
withdrawal of consent will be effective only after we have a reasonable period of time for us to
process your withdrawal.
There is no charge for withdrawing your consent. However, in the event you withdraw your
consent, you will not be able to receive electronically information and materials related to the
Service. Withdrawing your consent does not invalidate any electronic signatures you have
Packet Page 000703
previously executed, which remain valid and enforceable as electronic signatures and you
authorize us to continue to take action in reliance on such electronic signatures and the activities
authorized by the same, unless and until you direct us otherwise. In addition, we have no
obligation to provide you paper copies of documents that you previously consented to receive
electronically, although you may request additional paper copies as set forth above.
Updating Your Records
In order to ensure that you will continue to receive electronic communications from us, you must
notify us of any updates to your email address. You may update your electronic contact
information that we have on file by contacting us at management.contract@dignityhealth.org.
If you provide us with an invalid email address or your email address ceases to function, we may
consider such occurrence as a withdrawal of your consent to receive electronic communications
and transactions.
Electronic Signature
You understand that by signing this document, you are confirming your agreement to sign
this Consent electronically. A copy of this consent will be made available to you via email.
You will receive only an electronic copy of your signature to this Consent. You are also
confirming your agreement to use electronic signatures and receive electronic
communications and records from Dignity Health and that you have access to a computer
that meets the minimum requirements previously mentioned. Your act of clicking “I
Agree” below is your legally binding electronic signature and agreement to the above
terms, consents and disclosures. If you agree, please check “I Agree”. If you do not agree,
you may not proceed with the electronic application, but may contact us to alternatively
submit your paperwork.
Packet Page 000704
Packet Page 000705
SECOND AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT
This Second Amendment (“Second Amendment”) to the Independent Contractor
Agreement dated January 1, 2019 as amended by the First Amendment dated January 1, 2022
(collectively, the “Agreement”) is made and entered into by and between the City of San
Bernardino, a charter city and municipal corporation, and Dignity Health, a California nonprofit
public benefit corporation d/b/a St. Bernardine Medical Center; Community Hospital of San
Bernardino, a California nonprofit public benefit corporation as of February __, 2022.
The Parties agree as follow:
1. The Parties amend Section E of the Key Informational Terms of the Agreement to
extend the Term through December 31, 2024.
2. The Parties amend Part II (Services and Fees), Section b, Subsection 3 of the
Agreement to include the following additional rows in the table:
Police Officer
Annual Cost
Police Officer Hr.
Rate with Benefits
Overtime Hourly
Rate
Effective September 1,
2021
$170,891 $82.16 $84.70
Effective July 1, 2022 $174,735 $84.00 $88.66
Effective July 1, 2023 $178,680 $85.90 $90.96
Effective July 1, 2024 $182,745 $87.86 $93.30
3. Parties delete Part I, Section 1.7 of the Agreement.
4. Parties amend the last sentence of Part I, Section 1.2 to read as follows:
“Contractor shall select the Personnel to perform the Services under this Agreement. If
Affiliate requests alternative Personnel be assigned to perform the Services, the Parties
agree to meet and confer in good faith regarding the request. Contractor may reassign or
replace Personnel at its sole and absolute discretion. Affiliate’s sole remedy for
Contractor’s refusal to reassign or replace Personnel shall be to terminate this Agreement
without cause.”
5. Parties delete the final bullet point of Part II, Section a, Subsection (2) of the
Agreement .
6. Except as modified by this Second Amendment, all provisions of the Agreement
shall remain in full force and effect for the term thereof. Capitalized terms not otherwise defined
herein shall have the meaning set forth in the Agreement.
7. This Second Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
SIGNATURES ON FOLLOWING PAGE
Packet Page 000706
SIGNATURE PAGE TO
SECOND AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT
IN WITNESS WHEREOF, this Second Amendment has been executed on behalf of the
Parties.
AFFILIATE
Dignity Health, a California nonprofit public benefit corporation d/b/a St. Bernardine
Medical Center
dated: February __, 2022 ____________________________________
By: ________________________________
Its: ________________________________
Community Hospital of San Bernardino, a California nonprofit public benefit corporation
dated: February __, 2022 ____________________________________
By: ________________________________
Its: ________________________________
CONTRACTOR
City of San Bernardino, a charter city and municipal corporation
Dated: February __, 2022 ____________________________________
By: Robert D. Field
Its: City Manager
Packet Page 000707
Dave Evans
CFO
Douglas Kleam
President
DocuSign Envelope ID: 7F301F8E-2667-4697-992F-F014AB7EBE19
Dec 28, 2021
Dec 27, 2021
Packet Page 000708
Certificate Of Completion
Envelope Id: 7F301F8E26674697992FF014AB7EBE19 Status: Completed
Subject: Please DocuSign: SBPD MFIE Policing Agreement A1 PAS-210782-254294.pdf
Source Envelope:
Document Pages: 1 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Corrina Sanchez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2101 North Waterman Ave
San Bernardino, CA 92404
corrina.sanchez@dignityhealth.org
IP Address: 162.135.0.60
Record Tracking
Status: Original
12/27/2021 3:31:34 PM
Holder: Corrina Sanchez
corrina.sanchez@dignityhealth.org
Location: DocuSign
Signer Events Signature Timestamp
Dave Evans
dave.evans@dignityhealth.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 162.135.0.59
Sent: 12/27/2021 3:32:28 PM
Viewed: 12/28/2021 11:14:18 AM
Signed: 12/28/2021 11:14:20 AM
Electronic Record and Signature Disclosure:
Accepted: 9/25/2020 3:50:08 PM
ID: eb4490a9-39fe-45c5-9b9e-69ebcf93407a
Douglas Kleam
douglas.kleam@dignityhealth.org
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 76.86.196.151
Signed using mobile
Sent: 12/27/2021 3:32:27 PM
Viewed: 12/27/2021 3:40:58 PM
Signed: 12/27/2021 3:41:09 PM
Electronic Record and Signature Disclosure:
Accepted: 12/27/2021 3:40:58 PM
ID: 8713d1eb-fe4b-4e23-9d17-8aad38ce8624
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/27/2021 3:32:28 PM
Certified Delivered Security Checked 12/27/2021 3:40:58 PM
Packet Page 000709
Envelope Summary Events Status Timestamps
Signing Complete Security Checked 12/27/2021 3:41:09 PM
Completed Security Checked 12/28/2021 11:14:20 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Packet Page 000710
Consent to Electronic Signatures and Communications
Under certain laws, Dignity Health (including its subsidiaries and affiliated entities and
collectively referred to as “Dignity Health” in this Consent) is required to obtain your
authorization and consent to obtain your electronic signature on documents related to your
interactions with Dignity Health (the “Interactions”) and to receive electronically copies of such
documents. As a result, we are providing this notice to you in order to obtain your agreement and
consent to conduct our business with you electronically, including your consent to electronically
sign documents arising from Interactions with Dignity Health and to confirm your consent to
provide you with electronic copies of the same.
Please note that we will not provide you with a paper copy of your documents, but we will email
a copy to you and you may otherwise print or save a copy of these documents for your records.
Scope of Your Consent
An "electronic signature" may be clicking a check box, orally stating "I Agree", or otherwise
taking any other action that indicates your agreement to and receipt of a document. By indicating
your consent below, you are agreeing that any electronic signatures that you may provide
are legally binding signatures with the full legal force of a handwritten signature, which
does not need to be verified, validated or certified by any third party. By indicating your
consent below you are also agreeing that we can send you and you will receive electronically
disclosures, communications, notices, forms, applications, policies and modifications to the
same, which we choose to provide you electronically, unless and until you withdraw your
consent as set forth below.
This Consent is voluntary and you may refuse to sign this Consent, but your ability to submit
your request for services electronically will be restricted and potentially delayed.
If you (1) do not wish to consent to electronic signatures in connection with the Services, (2) do
not consent to the electronic submission and receipt of disclosures, communications, notices,
forms, applications, policies and modifications related to the Services or (3) otherwise wish not
to engage in electronic transactions, you may contact us at
management.contract@dignityhealth.org for alternatives to submit your paperwork.
In the event that we elect to discontinue the provision of any electronic communications or
change the terms and conditions on which we provide electronic communications, we will
provide you with any notice of such discontinuance or changes as required by law.
Obtaining a Paper Copy
Your copy of this Consent and all disclosures and communications related to this Consent,
including documents in relation to the Service, will be sent and received electronically as set
forth below. We reserve the right, but assume no obligation except as set forth in this Consent to
provide a paper copy of any communication that you have authorized us to provide
electronically.
blectronic oecord and pignature aisclosure created onW 8/2S/2M2M 12W14W59 mM
marties agreed toW aave bvansI aouglas hleam
Packet Page 000711
You may save a paper copy of certain disclosures and communications by printing them. You
may obtain additional paper copies by contacting us at:
management.contract@dignityhealth.org. There will be no additional charge for obtaining
paper copies.
Accessing Your Electronic Records
In order to receive documents electronically, you need a valid email address, Internet access and
a computer that meets the following minimum hardware and software requirements.
Required hardware and software
Operating
Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Browsers:
Final release versions of Internet Explorer® 6.0 or above (Windows only);
Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above
(Mac only)
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In addition, if you wish to print copies of your documents or otherwise retain your own soft
copy, you will need to have a printer attached to the computer you are using or access to a hard
drive or other electronic storage device, such as a hard drive or USB drive.
By signing below, you are representing that you have access to the minimum requirements
above.
All communications and disclosures related to the Service provided to you electronically will be
provided either via email or via download of a file that contains the electronic record
Withdrawing Your Consent
You may withdraw your consent to engage in electronic communications and transactions as
described in this Consent at any time by contacting Dignity Health’s Supply and Service
Resource Management Department at: management.contract@dignityhealth.org. Any
withdrawal of consent will be effective only after we have a reasonable period of time for us to
process your withdrawal.
There is no charge for withdrawing your consent. However, in the event you withdraw your
consent, you will not be able to receive electronically information and materials related to the
Service. Withdrawing your consent does not invalidate any electronic signatures you have
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previously executed, which remain valid and enforceable as electronic signatures and you
authorize us to continue to take action in reliance on such electronic signatures and the activities
authorized by the same, unless and until you direct us otherwise. In addition, we have no
obligation to provide you paper copies of documents that you previously consented to receive
electronically, although you may request additional paper copies as set forth above.
Updating Your Records
In order to ensure that you will continue to receive electronic communications from us, you must
notify us of any updates to your email address. You may update your electronic contact
information that we have on file by contacting us at management.contract@dignityhealth.org.
If you provide us with an invalid email address or your email address ceases to function, we may
consider such occurrence as a withdrawal of your consent to receive electronic communications
and transactions.
Electronic Signature
You understand that by signing this document, you are confirming your agreement to sign
this Consent electronically. A copy of this consent will be made available to you via email.
You will receive only an electronic copy of your signature to this Consent. You are also
confirming your agreement to use electronic signatures and receive electronic
communications and records from Dignity Health and that you have access to a computer
that meets the minimum requirements previously mentioned. Your act of clicking “I
Agree” below is your legally binding electronic signature and agreement to the above
terms, consents and disclosures. If you agree, please check “I Agree”. If you do not agree,
you may not proceed with the electronic application, but may contact us to alternatively
submit your paperwork.
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INDEPENDENT CONTRACTOR AGREEMENT
Neighborhood Policing Program Services
THIS INDEPENDENT CONTRACTOR AGREEMENT ("Agreement") is made and entered into by and between
the Dignity Health affiliated entities identified in the Key Infmmational Te1ms below (each and collectively, an
"Affiliate" or "Hospital"), and the independent contractor identified in the Key Informational Terms below
("Contractor"). Contractor and Affiliate (each a "Party " and collectively the "Parties") agree as follows:
KEY INFORMATIONAL TERMS
A. Dignity Health Affiliate(s).
Dignity Health, a California nonprofit public
benefit corporation, doing business as St.
Bernardine Medical Center
Community Hospital of San Bernardino , a
California nonprofit public benefit corporation
State in which Affiliates are located : California
("State")
C. Contractor's Name and Description.
City of San Bernardino, a charter city and
municipal corporation, on behalfofthe City of
San Bernardino Police Department
E . Term. This Agreement commences on January I,
2019 (the "Effective Date") and expires on
December 31 , 2021 (the "Expiration Date").
G. Parts. This Agreement is comprised of the
following parts:
(i) Part I Dignity Health Terms and Conditions.
(ii) Part II Services and Fees .
(iii) Part III HIPAA Compliance.
(iv) Part IV Insurance Requirements
(210782]. l 097300
B. Affiliate Notice Address.
St. Bernardine Medical Center
210 I North Waterman Avenue
San Bernardino, California 92404
Community Hospital of San Bernardino
1805 Medical Center Drive
San Bernardino, California 92411
Copy to: Dignity Health Legal Department
185 Berry Street, Suite 300
San Francisco, CA 94107
D. Contractor's Notice Address.
710 No1ih D Street
San Bernardino, California 9240 I
Copy to: City of San Bernardino
290 No1ih D Street
San Bernardino, CA 92401
Attn : City Attorney
F . Without Cause Termination. Number of days '
notice required for without cause termination: 180
H. HIP AA Terms and Conditions. As set forth in Paii
llI HIP AA Compliance, the Parties agree that the
following HIPAA Terms and Conditions apply to
this Agreement:
[:gj Contractor shall not have access to protected
health information ("PHI") under this
Agreement.
D Contractor shall be treated as a member of
Affiliate 's workforce for purposes ofHIPAA
compliance.
D Contractor shall be a business associate of
Affiliate .
Page 1 of 9
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IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the Parties.
AFFILIATE
Dignity Health, a California nonprofit public benefit
corporation, doing business as St. Bernardine
Medical Center
Community Hospital of San Bernardino, a
California nonprofit public benefit corporation
PrintedName:Oa AJ !d k\Jt\ k1S'
Titlo \IP Ir~
Date : ·2-J 2-{)_____tj_
[210782]. l 097300
CONTRACTOR
PrintedName: ANu1ZilA /'11t.t...l'Z/Z
Title : _ _.:C=-c/=--...:...'-'/'----'-/11_.::_A_,_/,_;tt.....:6:::..:~ 1..::1 ..:..../=--{. ____ _
Date: :2. -If -I 2
Page 2 of9
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Part I
I NDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF)
DIGNITY HEAL TH TERMS AND CONDITIONS
1. CONTRACTOR'S OBLIGATIONS
1.1 Services. Contractor and/or employees or agents of Contractor ("Personnef') shall perform the services set
forth in Part II (the "Services") in accordance with the terms of this Agreement.
1.2 Time and Manner of Performance. Contractor shall ensure that only fully qualified Personnel perform
Services under this Agreement, and such Personnel shall perform Services diligently and in a timely manner, according
to the highest applicable standards. Affiliate reserves the right to refuse to use any Personnel assigned to provide
Services under this Agreement and to have removed from its premises any Personnel.
1.3 Warranties. Contractor represents and warrants that:
a . Contractor and Personnel , if applicable, have and shall maintain all licenses and certifications necessary to
do business and perfonn the Services in the State . Contractor shall provide Affiliate with a copy of such l icense(s)
upon request and shall promptly notify Affiliate in the event of any limitation or loss of such license(s) and
certification (s ).
b . Contractor represents and warrants that Contractor and Personnel are not and at no time have been excluded
from partic ipating in Medicare, Medicaid , or any other Federal hea lthcare program, as defined at 42 U .S.C. Section
l 320a-7b (f) (each , a " Federal Healthcare Program"). Contractor shall within 30 days prior to the Effective Date and
no less than monthly thereafter check the OIG List of Excluded Contractors and the General Services Administration
list of pa1iies excluded from participation in Federal Healthcare Programs to ensure that neither Contractor nor any
P ersonne l appear on said lists. Contractor shall immediately notify Affiliate of any threatened or actual exclus ion from
any Federal Healthcare Program . In the event that Contractor or any Personnel is excluded from participating in any
Federal Healthcare Program, this Agreement shall automatically terminate as of the date of such exclusion (unless
such Personnel is immediately removed from performing Services under this Agreement). Contractor shall indemnify
and hold harmless Affil iate for, from , and against any and all claims, liabilities , losses , damages , penalties, and costs,
including reasonable attorneys ' fees and costs, incurred by Affiliate arising directly or indirectly, out of any violati on
of this Section by Contractor, or due to the exclusion of Contractor or any Personnel from any Federal Healthcare
P ro gram .
c . Contractor represents and warrants that prior to the Effective Date, Contractor conducted background
screenings and Contractor and Personnel successfully passed in accordance with the standards required by L aw and
consistent with the California Background Investigation Manual. Contractor shall provide proof of compliance with
this Section prior to commencing Services and no less than annually thereafter.
d . No doctor of medicine, osteopathy, podiatry, optometry, dentistry , or chiropractic (or any immediate fam il y
member thereof) possesses any form of ownership or investment interest in Contractor. Contractor has no
compensation arrangement with any of the aforementioned medical professionals that in any way varies based upon
the value or volume of referrals or other business generated by such medical professional (or any immediate family
member) to Affiliate.
1.4 Laws and Standards. Contractor shall comply with the following, as amended from time to time, to the
extent applicable to the provision of Services under this Agreement: (a ) Affiliate 's corporate integrity program and
any Dignity Health Corporate Integrity Agreement(s); (b) Dignity Health 's Standards of Conduct; (c) all appl icable
federal, state, and local laws and regulations (collectively , "Laws"); and (d) the policies, procedures, and rules of
Affiliate (the "Affiliate Rules").
1.5 Medicare Records. To the extent required by Laws, Contractor shall make available, upon written request
from Affiliate, the Secretary of Health and Human Services, the Comptroller General of the United States , or any
other autho rized agency , this Agreement and Contractor's books, documents, and records ("Contractor 's Records").
Contractor shall preserve and make available Contractor's Records for a period of four years after the end of the term
of this Agreement. If Contractor is requested to disclose Contractor's Records pursuant to this Section, Contracto r
[210782]. l 097300 Page 3 of9
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shall notify Affiliate of the nature and scope of such request, and Contractor shall make available to Affiliate all such
Contractor's Records.
1.6 Use of Affiliate's Premises. Contractor shall not use any part of the Affiliate's premises as an office for
private business. Contractor and Personnel shall only enter those areas of Affiliate 's facility that are necessary for the
performance of Contractor's Services.
1. 7 Health Screening and Immuniz ation. If the provision of Services requires Contractor and/or Personnel to
be present in patient care areas or to have direct contact with patients, Contractor, at Contractor's expense, shall assure
that Contractor and all Personnel have met all health screening and immunization requirements in accordance with
Affiliate's policies prior to providing Services . If applicable, Contactor shall provide written documentation of
compliance with this Section prior to commencing Services and at least annually thereafter.
2. COMPENSATION
2 .1 Reports. Contractor shall submit to Affiliate, on a periodic basis, a report in a form reasonably acceptable to
Affiliate that accurately documents Services provided by Contractor (the "Report').
2.2 Pavment. Affiliate shall, within 30 days after receiving an undisputed Report, pay to Contractor the fees set
forth in Part II for Services performed by Contractor.
2.3 Sole Compensation. Contractor agrees that the compensation, as specified above, is the sole and exclusive
compensation for Services provided pursuant to this Agreement.
3. TERMINATION
3. I Termination Without Cause. Each Party may tetminate this Agreement without cause, expense, or penalty
effective upon expiration of the number of days' prior written notice set forth in Section F of the Key Informational
Terms above.
3 .2 Termination Upon Breach. Each Party may terminate this Agreement upon any breach by the other Party
if such breach is not cured to the satisfaction of the non -breaching Party within 15 days after written notice of such
breach is given by the non -breaching Party.
3.3 Effect of Termination or Expiration. Upon termination or expiration of this Agreement, all rights and
obligations of the Parties shall cease except those rights and obligations that have accrued and remain unsatisfied prior
to the date of termination or expiration, and those rights and obligations that expressly survive termination or
expiration of this Agreement. The followi ng Sections of this Part I shall survive expiration or termination of the
Agreement: 1.5 (Medicare Records), 4 (Protected Information), 5 (Insurance and Indemnification), 6.3 (Dispute
Resolution), and 6.8 (Notices).
4. PROTECTED INFORMATION
4.1 HIPAA. Contractor shall comply with the HIPAA provision set forth in Part III.
4.2 Confidential Information. Contractor shall not use or disclose any Confidential Information (as defined
below) for any purpose not expressly permitted by this Agreement without the prior written consent of Affiliate.
Contractor shall protect Confidential Information from unauthorized use , access, or disclosure with no less than
reasonable care. "Confidential Information" means any proprietary or confidential information of Affiliate or any
other Dignity Health affiliate, any Affiliate patient's protected health infotmation , as defined by HIPAA, and any
information, records , and proceedings of Affiliate and/or Medical Staff committees and peer review bodies.
Confidential Information also includes proprietary or confidential information of any third party that may be in
Affiliate 's possession .
4.3 Work Product. Contractor acknowledges and agrees that Affiliate shall have sole title to and exclusive
ownership of all reports, deliverables, and other work product (collectively the "Work Product'). The Work Product
shall be deemed a "work made for hire" as that term is defined under Section IO 1 of the U.S . Copyright Act and
Affiliate shall be considered the person for whom the work was prepared for the purpose of determining authorship
of any copyright in the Work Product. To the extent a Work Product is not a work made for hire under U.S law or any
(2 I 0782]. l 097300 Page 4 of9
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other jurisdiction, Contractor hereby assigns all right, title , and interest in the Work Product to Affiliate and retains
no interest therein. Contractor agrees to execute any instruments requested by Affiliate during or after completion of
the Services to (i) transfer to Affiliate any rights Contractor may retain in the Work Product, and (ii) enable Affiliate
perfect its rights, title, and interest in the Work Product. For purposes of this section, police reports and other
investigative documents completed by Officers during the course of their duties shall not be construed as Work
Product.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Requirements. Contractor shall comply with the insurance requirements set forth in Part JV of
this Agreement.
5.2 Mutual Indemnification . Each Party shall indemnify and hold the other Party harmless for, from , and
against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys' fees and
costs , incurred by the indemnified Party and arising out of or resulting from the negligent or willful acts or omissions
or breach of this Agreement by the indemnifying Party or the indemnifying Party's employees or agents.
6 . MISCELLANEOUS PROVISIONS
6.1 Assignment. Contractor may not assign Contractor's rights or obligations under this Agreement without
Affiliate's prior written consent.
6.2 Counterparts, Signatures. This Agreement may be executed in multiple counterparts , each of which shall
be deemed an original but all of which together shall constitute one and the same instrument. When signed in pen ink ,
this Agreement may be delivered by facsimile or by scanned email attachment, and said copies shall be treated as
original. Amendments to this Agreement shall be similarly executed by the Parties.
6.3 Entire Agreement, Amendment. This Agreement is the entire understanding and agreement of the Parties
regarding its subject matter, and supersedes any prior oral or written agreements, representations, or discussions
between the Parties with respect to such subject matter. This Agreement may be amended only by mutual agreement
set forth in writing, signed , and dated by the Parties.
6.4 Independent Contractor. The Parties shall at all times be independent contractors in performing under this
Agreement.
6.5 No Conflicting Obligations. Contractor represents and warrants that it is not a party to any arrangement that
may materially interfere with Contractor's obligations under this Agreement, and Contractor shall immediately notify
Affiliate if Contractor becomes involved in any such arrangement.
6.6 Non-Discrimination. Contractor and Affiliate shall be in full compliance with Section 504 of the
Rehabilitation Act of 1973, Titles VI and VII of the 1964 Civil Rights Act, and regulations issued pursuant thereto.
Neither Contractor nor Affiliate shall differentiate or discriminate in the provision of services on any basis prohibited
by Laws or Affiliate Rules.
6. 7 Notices. Notices under this Agreement shall be given in writing and delivered by either: (a) personal delivery ,
in which case such notice shall be deemed given on the date of delivery ; (b) next business day courier service (e .g.,
FedEx, UPS , or similar service), in which case such notice shall be deemed given on the business day following the
date of deposit with the courier service; or (c) U.S. mail, first class, postage prepaid, registered or certified, return
receipt requested , in which case such notice shall be deemed given on the third business day following the date of
deposit with the United States Postal Service. Notices shall be delivered to the notice addresses set forth in the Key
Information Terms above.
6.8 Referrals. Nothing in this Agreement or in any other written or oral agreement between Affiliate and
Contractor contemplates or requires the admission or referral of any patients or business to Affiliate or any affiliate of
Affiliate .
6.9 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a
waiver of such provision or any other provision. Any waiver granted by a Party must be in writing and shall apply
solely to the specific instance expressly stated .
[210782].1097300 Page 5 of9
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6.10 Title 22 Compliance. If Affiliate is an acute care hospital located in California only: Without limiting the
obligations of Contractor, Affiliate shall reta in administrative responsibility for its operation, as required by Title 22,
California Code of Regulations, Section 70713.
6.11 California Non -resident Withholding. For Services rendered in California by nonresident Contractors only:
Contractor shall, prior to commencing Services, complete all documentation requested by Affiliate in order to assist
Affiliate's compliance with California tax withholding requirements, including California Revenue and Taxation Code
Section 18662. Such documentation may include: (i) California Franchise Tax Board Fotm 587 (Nonresident
Withholding Allocation Worksheet), or (ii) California Franchise Tax Board Form 590 (Withholding Exemption
Certificate). Contractor shall be solely responsible for filing California tax returns and the satisfaction of any taxes
due with respect to payments under this Agreement. Contractor acknowledges that Affiliate is entitled to rely on the
certifications provided in Form 587 or Form 590 and hereby releases Affiliate from any liability with respect to any
withholdings paid to the California Franchise Tax Board; except to the extent any withholdings are refunded to
Affiliate. Contractor shall promptly notify Affiliate of the change of any reported facts that are part of Form 587 or
Form 590 , and shall provide Affiliate with an updated Form.
6.12 Venue . This Agreement is governed by and is to be interpreted in accordance with the laws of the State of
California without regard to any conflict of law provisions if and as applicable. Venue shall be in San Bernardino
County or, if applicable, the Eastern Division of the Central District of California of the United States District Court.
6.13 Severabilitv. Each provision, term , condition, covenant and/or restriction, in whole and in part, of this
Agreement shall be considered severable . ln the event any provision, term, condition , covenant and/or restriction, in
whole and/or in part, of this Agreement is declared invalid , unconstitutional, or void for any reason , such provision or
part thereof shall be severed from this Agreement and shall not affect any other provision, term , condition, covenant
and /or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
6 .14 Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of the
Parties each represent and warrant that they have the legal power, right, and actual authority to bind the applicable
Party to the terms and conditions hereof and thereof.
6.15 Interpretation . The Parties acknowledge and agree that this Agreement is the product of mutual arms -length
negotiations and accordingly, the rule of construction , which provides that the ambiguities in a document shall be
construed against the drafter of that document, shall have no application to the interpretation and enforcement of this
Agreement. Titles and captions are for convenience of reference only and do not define, describe , or limit the scope
or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement
unless expressly stated otherwise.
6.16 No Third Partv Beneficiaries. The Parties to this Agreement do not intend for any third party to obtain a
right by virtue of this Agreement.
7. ADDITIONAL PROVISIONS
7.1 Contractor and the City of San Bernardino Police Department ("Police Department") shall obtain Hospital 's prior
written consent of the text of any proposed publicity concerning the Neighborhood Policing Program
("Program") prior to the release of such publicity. Hospital may include information regarding this Program,
including the amount and purpose of the Program, any photographs provided by Contractor or Police Department,
its logo or trademark, or other information or materials about Police Department's organizations and activities, in
Hospital 's periodic public reports , newsletters, and news releases as approved by the City of San Bernardino City
Manager.
7.2 In addition to the obligations under this Agreement, at all times when performing services under the Program,
police officers shall be subject to and required to comply with the rules and regulations of Police Department,
including use of force.
7.3 The use of the Police Department or City of San Bernardino logo requires prior written approval by the Contractor.
7.4 All Police Department employees abide by the Law Enforcement Code of Ethics and all Police Department
policies and procedures.
(2 l 0782]. l 097300 Page 6 of9
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Part II
INDEPENDENT CONTRACTOR AGREEMENT
SERVICES AND FEES
a. Description of Services. Contractor shall cause the City of San Bernardino Police Department ("Pol ice
Department") to provide the Services:
(!) Program Goals . The goal of the Neighborhood Policing Program ("Program") is to imp lement a
comprehensive facility policing program with Hospital.
(2 ) Program Objectives and Deliverables.
b . Fees.
o Police Department shall provide two (2) full-time Officers such that one (I) full -time Officer
will be stationed at each Hospital 's emergency department a minimum of four (4) days a week
for a total of 40 hours weekly , Thursday through Sunday , at a timeframe to be mutuall y
determ ined by the Parties . Officers will dedicate all of their time on the Hospital campuses in
the emergency department waiting rooms or as otherwise mutually agreed upon by Hospital
and Police Department.
o Police Department will provide periodic training seminars to enhance personal safety and
awareness as mutually agreed to by Police Department and each Hospital in writing.
o Police Depaiiment will assist Hospitals ' security staff in providing police serv ices for the
Hospitals' campuses and immediate area .
o At Hospital 's reasonable request, Police Department shall promptly remove an Officer
providing services under this Program and replace him or her with another Officer reasonab ly
acceptable to Hospital.
I. Affil iate agrees to compensate Contractor in the amount not to exceed $200 ,000 annually per full -
time Officer, which amount shall include any overtime expenditures. The compensation per full -
time Officer will be based on the seniority level of the Officer who provides the Services and wi ll
be billed quarterly.
2 . Contractor shall invoice Affiliate on a fiscal year quarter basis (itemized by month). The
compensation billed quarterly shall be prorated based on the number of days this Agreement is in
effect in the case of any partial month or fiscal year quarter at the beginning or the end of the term
of this Agreement. The first three (3) month fiscal year quarter shall commence on January 1, 2019
and continue through March 31, 2019 . Contractor shall only invoice Affiliate for any applicable
pro -rata period for a partial fiscal year quarter. Contractor shall submit an invoice to Affiliate at the
end of each fiscal year quarter or applicable pro -rata period.
3 . Any overtime expenditures that are directly related to the Services must be approved in advance by
Affiliate . Such overtime expenditures will be calculated at 1.5 times the specific Officer's hourly
salary, will be paid by Affiliate, and will be no greater than·
Hourly Rate Overtime Hourly Rate
Effective August I , 20 18 $53 .21 $79.81
Effective August 1, 2019 $55.02 $82 .53
Effective August 1, 2020 $56 .90 $85.35
c. Reasonable Expenses. Affiliate shall reimburse Contractor for: (a) reasonable and necessary business
expenses incurred in connection with the performance of the Services if: (i) Affiliate approves the expenses
in writing, in advance; (ii ) the expenses relate directly to Contractor's performance of Services ; (iii ) the
expenses meet the requirements for reimbursement under the Affiliate Rules ; and (iv ) Contractor subm its
receipts to Affiliate within 60 days of incurring the expenses.
[210782]. l 097300 Page 7 of 9
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Part III
INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF)
HIPAA COMPLIANCE
"Hf PAA" means the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191 ), Title XIII
of the American Recovery and Reinvestment Act of 2009 (Public Law 111 -005) and the rules , guidance and
regulations promulgated thereunder, as amended from time to time, including 45 Code of Federal Regulations, Parts
160 and 164.
NO ACCESS TO PHI
The Parties acknowledge and agree that Contractor and Personnel shall neither have nor require access to or use of
any of Affiliate's Sensitive Information (defined below) or protected health information ("PHI"), as such term is
defined under HIPAA, for purposes of Contractor meeting its obligations hereunder. Accordingly , the Parties agree
that neither Contractor nor Personnel shall have access to or use of any Sensitive Infotmation or PHI. Any action by
Contractor or Personnel to access Sensitive Information or PHI shall be a material breach of this Agreement. To the
extent that Contractor and Personnel receive any personal information from patients, including Sensitive Information
or PHI, Contractor and Personnel shall treat such information as strictly confidential and shall not disclose such
information (other than as required by law) to any third patiy. Contractor shall be solely liable for any violations of
privacy laws by Contractor and Personnel. "Sensitive Information" includes any information in any form that
identifies, relates to, describes, or is capable of being associated with a particular individual and that is not generally
available to the public, such as social security number, employee identification number, tax identification number,
passport number, driver's license or state identification card number, insurance policy number, employment histoty,
bank account number, credit card number, debit card number or any financial information. The terms of this Part ITI
shall survive termination or expiration of this Agreement.
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Part IV
INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF)
INSURANCE REQUIREMENTS
Contractor shall obtain and continuously maintain during the term hereof and for not less than three (3) years following
the Expiration Date or earlier termination of this Agreement the following insurance coverages naming Contractor
and Personnel as named insureds:
a) Commercial and general liability insurance with a limit of not less than $1 ,000 ,000 per occurrence and
$3 ,000 ,000 annual aggregate.
b) Workers' Compensation insurance, as required by Laws .
c) Employer 's liability insurance with a limit of not less than $1 ,000 ,000 for each occurrence .
d) Business automobile liability insurance covering hired, owned and non -owned vehicles used to provide
Services under the Agreement, if applicable, with a limit of not less than $1 ,000 ,000 for each occurrence .
e) Errors and omissions insurance with a limit ofnot less than $1 ,000 ,000 per occurrence and $3,000,000 annual
aggregate .
Contractor shall provide Affiliate with certificates of insurance prior to the Effective Date and as of each annual
renewal during the term of this Agreement. In the event of any modification , termination , expiration, non -renewal o r
cancellation of any of such insurance policy, Contractor shall give written notice thereof to Affiliate not more than ten
( l 0) days following Contractor's receipt of such notification . Contractor may meet the obligations of this Part IV by
being self-insured.
[210782] .1097300 Page 9 of9 Packet Page 000722
Resolution No. 2019-8
RESOLUTION NO. 2019-8
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING THE ADOPTED FY 2018/19 BUDGET TO
INCREASE POLICE PERSONNEL AND FOR THE
BUDGET TRANSFERS AS DETAILED IN THE STAFF
REPORT, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN DIGNITY
HEALTH FOR POLICE SERVICES AT TWO LOCATIONS
WHEREAS, on November 1, 2017, the Mayor and City Council adopted Resolution
2017-214, authorizing the City Manager to accept the San Manuel Community Credit Fund
Restricted Grant in the amount of $4,200,000 through 2020 and to amend the Adopted FY
2017/18 Budget by $1,800,000; and
WHEREAS, the acceptance of funding was used to increase policy visibility in the
community surrounding the San Manuel Indiana Reservation in accordance with the Agreement
attached as Exhibit A; and
WHEREAS, as overall SBPD staffing improved, additional sworn and non -sworn
personnel shall be assigned exclusively to the Defined Area for the duration of the Agreement,
attached herein as Exhibit A.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Director of Finance is authorized to amend the Adopted FY 2018/19
Budget to increase police personnel and for the budget transfers as detailed in the staff report.
SECTION 3. That the City Manager is hereby authorized and directed to execute the
attached Agreement with Dignity Health on behalf of the City.
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.
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.
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Resolution No. 2019-8
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 16'
h
day of Jan ary 2019.
r
John Valdivia, Mayor
City of San Bernardino
Attest:-
George0% Hanna, MMC, City Clerk
Approved as to form:
6 5;4, a . —...
Gary D. Saenz, City Attorney
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Resolution No. 2019-8
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. 2019-8 adopted at a regular meeting held at the I e day of January 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ 6_
IBARRA _ )
VACANT
SHORETT X
NICKEL x
RICHARD X
MULVI14 LL C
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this
16fi'-
day of Janes 2019.
Georgeai Hanna, MM ,'City Clerk
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ORIGINAL
INDEPENDENT CONTRACTOR AGREEMENT
Neighborhood Policing Program Services
THIS INDEPENDENT CONTRACTOR AGREEMENT ("Agreement') is made and entered into by and between
the Dignity Health affiliated entities identified in the Key Informational Terms below (each and collectively, an
Affiliate" or "Hospital"), and the independent contractor identified in the Key Informational Terms below
Contractor"). Contractor and Affiliate (each a "Party" and collectively the "Parties") agree as follows:
KEY INFORMATIONAL TERMS
A. Dignity Health Affiliates .
Dignity Health, a California nonprofit public
benefit corporation, doing business as St.
Bernardine Medical Center
Community Hospital of San Bernardino, a
California nonprofit public benefit corporation
State in which Affiliates are located: California
State")
C. Contractor's Name and Description.
City of San Bernardino, a charter city and
municipal corporation, on behalf of the City of
San Bernardino Police Department
B. Affiliate Notice Address.
St. Bernardine Medical Center
2101 North Waterman Avenue
San Bernardino, California 9?404
Community Hospital of San Bernardino
1805 Medical Center Drive
San Bernardino, California 92411
Copy to: Dignity Health Legal Department
185 Berry Street, Suite 300
San Francisco, CA 94107
D. Contractor's Notice Address.
710 North D Street
San Bernardino, California 92401
Copy to: City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
E. Term. This Agreement commences on January 1, F. Without Cause Termination. Number of days'
2019 (the "Effective Date") and expires on notice required for without cause termination: 180
December 31, 2021 (the "Expiration Date").
G. Parts. This Agreement is comprised of the H.
following parts:
i) Part I Dignity Health Terms and Conditions.
ii) Part II Services and Fees.
iii) Part IH FIIPAA Compliance.
iv) Part IV Insurance Requirements
HIPAA Terms and Conditions. As set forth in Part
III HlPAA Compliance, the Parties agree that the
following HIPAA Terms and Conditions apply to
this Agreement:
Contractor shall not have access to protected
health information ("PHP') under this
Agreement.
Contractor shall be treated as a member of
Affiliate's workforce for purposes of HiPAA
compliance.
Contractor shall be a business associate of
Affiliate.
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IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the Parties.
AFFILIATE
Dignity Health, a California nonprofit public benefit
corporation, doing business as St. Bernardine
Medical Center
Printed Name: 1 1 1
Title:
Date:
Community Hospital of San Bernardino,
California nonprofit public benefit corporation
CONTRACTOR
City of San Bernardino, a charter city and municipal
corporatio
Printed Name:
Title: C17, `'' 14ANA6I5 rZ
Date:
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Part I
INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF)
DIGNITY HEALTH TERMS AND CONDITIONS
1. CONTRACTOR'S OBLIGATIONS
1.1 Services. Contractor and/or employees or agents of Contractor ("Personnel") shall perform the services set
forth in Part R (the "Serpices") in accordance with the terms of this Agreement.
1.2 Time and Manner of Performance. Contractor shall ensure that only fully qualified Personnel perform
Services under this Agreement, and such Personnel shall perform Services diligently and in a timely manner, according
to the highest applicable standards. Affiliate reserves the right to refuse to use any Personnel assigned to provide
Services under this Agreement and to have removed from its premises any Personnel.
13 Warranties. Contractor represents and warrants that:
a. Contractor and Personnel, if applicable, have and shall maintain all licenses and certifications necessary to
do business and perform the Services in the State. Contractor shall provide Affiliate with a copy of such license(s)
upon request and shall promptly notify Affiliate in the event of any limitation or loss of such license(s) and
certification(s).
b. Contractor represents and warrants that Contractor and Personnel are not and at no time have been excluded
from participating in Medicare, Medicaid, or any other Federal healthcare program, as defined at 42 U.S.C. Section
1320a-7b(i) (each, a "Federal Healthcare Program"). Contractor shall within 30 days prior to the Effective Date and
no less than monthly thereafter check the OIG List of Excluded Contractors and the General Services Administration
list of parties excluded from participation in Federal Healthcare Programs to ensure that neither Contractor nor any
Personnel appear on said lists. Contractor shall immediately notify Affiliate of any threatened or actual exclusion from
any Federal Healthcare Program. In the event that Contractor or any Personnel is excluded from participating in any
Federal Healthcare Program, this Agreement shall automatically terminate as of the date of such exclusion (unless
such Personnel is immediately removed from performing Services under this Agreement). Contractor shall indemnify
and hold harmless Affiliate for, from, and against any and all claims, liabilities, losses, damages, penalties, and costs,
including reasonable attorneys' fees and costs, incurred by Affiliate arising directly or indirectly, out of any violation
of this Section by Contractor, or due to the exclusion of Contractor or any Personnel from any Federal Healthcare
Program.
c. Contractor represents and warrants that prior to the Effective Date, Contractor conducted background
screenings and Contractor and Personnel successfully passed in accordance with the standards required by Law and
consistent with the California Background Investigation Manual. Contractor shall provide proof of compliance with
this Section prior to commencing Services and no less than annually thereafter.
d. No doctor of medicine, osteopathy, podiatry, optometry, dentistry, or chiropractic (or any immediate family
member thereof) possesses any form of ownership or investment interest in Contractor. Contractor has no
compensation arrangement with any of the aforementioned medical professionals that in any way varies based upon
the value or volume of referrals or other business generated by such medical professional (or any immediate family
member) to Affiliate.
1.4 Laws and Standards. Contractor shall comply with the following, as amended from time to time, to the
extent applicable to the provision of Services under this Agreement: (a) Affiliate's corporate integrity program and
any Dignity Health Corporate Integrity Agreement(s); (b) Dignity Health's Standards of Conduct; (c) all applicable
federal, state, -and local laws and regulations (collectively, "Laws"); and (d) the policies, procedures, and rules of
Affiliate (the "A)iliate Rules").
1.5 Medicare Records. To the extent required by Laws, Contractor shall make available, upon written request
from Affiliate, the Secretary of Health and Human Services, the Comptroller General of the United States, or any
other authorized agency, this Agreement and Contractor's books, documents, and records ("Contractor's Records").
Contractor shall preserve and make available Contractor's Records for a period of four years after the end of the term
of this Agreement. If Contractor is requested to disclose Contractor's Records pursuant to this Section, Contractor
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shall notify Affiliate of the nature and scope of such request, and Contractor shall make available to Affiliate all such
Contractor's Records.
1.6 Use of Affiliate's Premises. Contractor shall not use any part of the Affiliate's premises as an office for
private business. Contractor and Personnel shall only enter those areas of Affiliate's facility that are necessary for the
performance of Contractor's Services.
1.7 Health Screening and Immunization. If the provision of Services requires Contractor and/or Personnel to
be present in patient care areas or to have direct contact with patients, Contractor, at Contractor's expense, shall assure
that Contractor and all Personnel have met all health screening and immunization requirements in accordance with
Affiliate's policies prior to providing Services. If applicable, Contactor shall provide written documentation of
compliance with this Section prior to commencing Services and at least annually thereafter.
2. COMPENSATION
2.1 Reports. Contractor shall submit to Affiliate, on a periodic basis, a report in a form reasonably acceptable to
Affiliate that accurately documents Services provided by Contractor (the "Report').
2.2 Payment. Affiliate shall, within 30 days after receiving an undisputed Report, pay to Contractor the fees set
forth in Part II for Services performed by Contractor.
2.3 Sole Compensation. Contractor agrees that the compensation, as specified above, is the sole and exclusive
compensation for Services provided pursuant to this Agreement.
3. TERMINATION
3.1 Termination Without Cause. Each Party may terminate this Agreement without cause, expense, or penalty
effective upon expiration of the number of days' .prior written notice set forth in Section F of the Key Informational
Terms above.
3.2 Termination Upon Breach. Each Party may terminate this Agreement upon any breach by the other Party
if such breach is not cured to the satisfaction of the non -breaching Party within 15 days after written notice of such
breach is given by the non -breaching Party.
3. 3 Effect of Termination or Ex iration. Upon termination or expiration of this Agreement, all rights and
obligations of the Parties shall cease except those rights and obligations that have accrued and remain unsatisfied prior
to the date of termination or expiration, and those rights and obligations that expressly survive termination or
expiration of this Agreement. The following Sections of this Part I shall survive expiration or termination of the
Agreement: 1.5 (Medicare Records), 4 (Protected Information), 5 (Insurance and Indemnification), 6.3 (Dispute
Resolution), and 6.8 (Notices).
4. PROTECTED INFORMATION
4.1 RIPAA. Contractor shall comply with the H1PAA provision set forth in Part III.
4.2 Confidential Information. Contractor shall not use or disclose any Confidential Information (as defined
below) for any purpose not expressly permitted by this Agreement without the prior written consent of Affiliate.
Contractor shall protect Confidential Information from unauthorized use, access, or disclosure with no less than
reasonable care. "ConfadentW Information" means any proprietary or confidential information of Affiliate or any
other Dignity Health affiliate, any Affiliate patient's protected health information, as defined by H1PAA, and any
information, records, and proceedings of Affiliate and/or Medical Staff committees and peer review bodies.
Confidential Information also includes proprietary or confidential information of any third party that may be in
Affiliate's possession.
43 Work Product. Contractor acknowledges and agrees that Affiliate shall have sole title to and exclusive
ownership of all reports, deliverables, and other work product (collectively the "Work Produce'). The Work Product
shall be deemed a "work made for hire" as that term is defined under Section 101 of the U.S. Copyright Act and
Affiliate shall be considered the person for whom the work was prepared for the purpose of determining authorship
of any copyright in the Work Product. To the extent a Work Product is not a work made for hire under U.S law or any
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other jurisdiction, Contractor hereby assigns all right, title, and interest in the Work Product to Affiliate and retains
no interest therein. Contractor agrees to execute any instruments requested by Affiliate during or after completion of
the Services to (i) transfer to Affiliate any rights Contractor may retain in the Work Product, and (ii) enable Affiliate
perfect its rights, title, and interest in the Work Product. For purposes of this section, police reports and other
investigative documents completed by Officers during the course of their duties shall not be construed as Work
Product.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Requirements. Contractor shall comply with the insurance requirements set forth in Part IV of
this Agreement.
5.2 Mutual Indemnification. Each Party shall indemnify and hold the other Party harmless for, from, and
against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys' fees and
costs, incurred by the indemnified Party and arising out of or resulting from the negligent or willful acts or omissions
or breach of this Agreement by the indemnifying Party or the indemnifying Party's employees or agents.
6. MISCELLANEOUS PROVISIONS
6.1 Assignment. Contractor may not assign Contractor's rights or obligations under this Agreement without
Affiliate's prior written consent.
6.2 Counterparts, Signatures. This Agreement may be executed in multiple counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same instrument. When signed in pen ink,
this Agreement may be delivered by facsimile or by scanned email attachment, and said copies shall be treated as
original. Amendments to this Agreement shall be similarly executed by the Parties.
63 Entire Agreement, Amendment. This Agreement is the entire understanding and agreement of the Parties
regarding its subject matter, and supersedes any prior oral or written agreements, representations, or discussions
between the Parties with respect to such subject matter. This Agreement may be amended only by mutual agreement
set forth in writing, signed, and dated by the Parties.
6. 4 Independent Contractor. The Parties shall at all times be independent contractors in performing under this
Agreement.
6. 5 No Conflicting Obligations. Contractor represents and warrants that it is not a party to any arrangement that
may materially interfere with Contractor's obligations under this Agreement, and Contractor shall immediately notify
Affiliate if Contractor becomes involved in any such arrangement.
6. 6 Non -Discrimination. Contractor and Affiliate shall be in full compliance with Section 504 of the
Rehabilitation Act of 1973, Titles VI and VII of the 1964 Civil Rights Act, and regulations issued pursuant thereto.
Neither Contractor nor Affiliate shall differentiate or discriminate in the provision of services on any basis prohibited
by Laws or Affiliate Rules.
6. 7 Notices. Notices under this Agreement shall be given in writing and delivered by either: (a) personal delivery,
in which case such notice shall be deemed given on the date of delivery; (b) next business day courier service (e.g.,
FedEx, LIPS, or similar service), in which case such notice shall be deemed given on the business day following the
date of deposit with the courier service; or (c) U.S. mail, first class, postage prepaid, registered or certified, return
receipt requested, in which case such notice shall be deemed given on the third business day following the date of
deposit with the United States Postal Service. Notices shall be delivered to the notice addresses set forth in the Key
Information Terms above.
6. 8 Referrals. Nothing in this Agreement or in any other written or oral agreement between Affiliate and
Contractor contemplates or requires the admission or referral of any patients or business to Affiliate or any affiliate of
Affiliate.
6. 9 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a
waiver of such provision or any other provision. Any waiver granted by a Party must be in writing and shall apply
solely to the specific instance expressly stated.
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6.10 Title 22 Comi3liance. If Affiliate is an acute care hospital located in California only: Without limiting the
obligations of Contractor, Affiliate shall retain administrative responsibility for its operation, as required by Title 22,
California Code of Regulations, Section 70713.
6.11 California Non-resident Withholdin=. For Services rendered in California by nonresident Contractors only:
Contractor shall, prior to commencing Services, complete all documentation requested by Affiliate in order to assist
Affiliate's compliance with California tax withholding requirements, including California Revenue and Taxation Code
Section 18662. Such documentation may include: (i) California Franchise Tax Board Form 587 (Nonresident
Withholding Allocation Worksheet), or (ii) California Franchise Tax Board Form 590 (Withholding Exemption
Certificate). Contractor shall be solely responsible for filing California tax returns and the satisfaction of any taxes
due with respect to payments under this Agreement. Contractor acknowledges that Affiliate is entitled to rely on the
certifications provided in Form 587 or Form 590 and hereby releases Affiliate from any liability with respect to any
withholdings paid to the California Franchise Tax Board, except to the extent any withholdings are refunded to
Affiliate. Contractor shall promptly notify Affiliate of the change of any reported facts that are part of Form 587 or
Form 590, and shall provide Affiliate with an updated Form.
6. 12 Venue. This Agreement is governed by and is to be interpreted in accordance with the laws of the State of
California without regard to any conflict of law provisions if and as applicable. Venue shall be in San Bernardino
County or, if applicable, the Eastern Division of the Central District of California of the United States District Court.
6. 13 Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this
Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in
whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or
part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant
and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
6.14 Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of the
Parties each represent and warrant that they have the legal power, right, and actual authority to bind the applicable
Party to the terms and conditions hereof and thereof.
6. 15 Interpretationrte. The Parties acknowledge and agree that this Agreement is the product of mutual arms -length
negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be
construed against the drafter of that document, shall have no application to the interpretation and enforcement of this
Agreement. Titles and captions are for convenience of reference only and do not define, describe, or I i m it the scope
or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement
unless expressly stated otherwise.
6.16 No Third Party Beneficiaries. The Parties to this Agreement do not intend for any third party to obtain a
right by virtue of this Agreement.
7. ADDITIONAL PROVISIONS
7.1 Contractor and the City of San Bernardino Police Department C Po&ceDepartmenf') shall obtain Hospital's prior
written consent of the text of any proposed publicity concerning the Neighborhood Policing Program
Program") prior to the release of such publicity. Hospital may include information regarding this Program,
including the amount and purpose of the Program, any photographs provided by Contractor or Police Department,
its logo or trademark, or other information or materials about Police Department's organizations and activities, in
Hospital's periodic public reports, newsletters, and news releases as approved by the City of San Bernardino City
Manager.
7.2 In addition to the obligations under this Agreement, at all times when performing services under the Program,
police officers shall be subject to and required to comply with the rules and regulations of Police Department,
including use of force. -
7.3 The use of the Police Department or City of San Bernardino logo requires prior written approval by the Contractor.
7.4 All Police Department employees abide by the Law Enforcement Code of Ethics and all Police Department
policies and procedures.
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Part II
INDEPENDENT CONTRACTOR AGREEMENT
SERVICES AND FEES
a. Description of Services. Contractor shall cause the City of San Bernardino Police Department ("Police
Department") to provide the Services:
1) Program Goals. The goal of the Neighborhood Policing Program (" Program") is to implement a
comprehensive facility policing program with Hospital.
2) Program Objectives and Deliverables.
o Police Department shall provide two (2) full-time Officers such that one (1) full-time Officer
will be stationed at each Hospital's emergency department a minimum of four (4) days a week
for a total of 40 hours weekly, Thursday through Sunday, at a timefiame to be mutually
determined by the Parties. Officers will dedicate all of their time on the Hospital campuses in
the emergency department waiting rooms or as otherwise mutually agreed upon by Hospital
and Police Department.
o Police Department will provide periodic training seminars to enhance personal safety and
awareness as mutually agreed to by Police Department and each Hospital in writing.
o Police Department will assist Hospitals' security staff in providing police services for the
Hospitals' campuses and immediate area.
o At Hospital's reasonable request, Police Department shall promptly remove an Officer
providing services under this Program and replace him or her with another Officer reasonably
acceptable to Hospital.
b. Fees.
Affiliate agrees to compensate Contractor in the amount not to exceed $200,000 annually per Ml -
time Officer, which amount shall include any overtime expenditures. The compensation per full-
time Officer will be based on the seniority level of the Officer who provides the Services and will
be billed quarterly.
2. Contractor shall invoice Affiliate on a fiscal year quarter basis (itemized by month). The
compensation billed quarterly shall be prorated based on the number of days this Agreement is in
effect in the case of any partial month or fiscal year quarter at the beginning or the end of the term
of this Agreement. The first three (3) month fiscal year quarter shall commence on January 1, 2019
and continue through March 31, 2019. Contractor shall only invoice Affiliate for any applicable
pro -rata period for a partial fiscal year quarter. Contractor shall submit an invoice to Affiliate at the
end of each fiscal year quarter or applicable pro -rata period.
3. Any overtime expenditures that are directly related to the Services must be approved in advance by
Affiliate. Such overtime expenditures will be calculated at 1.5 times the specific Officer's hourly
salary, will be paid by Affiliate, and will be no greater than:
Hourly Rate Overtime Hourly Rate
Effective Au" 1, 2018 $53.21 79.81
Effective August 1, 2019 $55.02 82.53
Effective August 1, 2020 $56.90 85.35
C. Reasonable Expenses. Affiliate shall reimburse Contractor for: (a) reasonable and necessary business
expenses incurred in connection with the performance of the Services if (i) Affiliate approves the expenses
in writing, in advance; (ii) the expenses relate directly to Contractor's performance of Services; (iii) the
expenses meet the requirements for reimbursement under the Affiliate Rules; and (iv) Contractor submits
receipts to Affiliate within 60 days of incurring the expenses.
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Part III
INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF)
HIPAA COMPLIANCE
HIPAA" means the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), Title XIII
of the American Recovery and Reinvestment Act of 2009 (Public Law 111-005) and the rules, guidance and
regulations promulgated thereunder, as amended from time to time, including 45 Code of Federal Regulations, Parts
160 and 164.
NO ACCESS TO PHI
The Parties acknowledge and agree that Contractor and Personnel shall neither have nor require access to or use of
any of Affiliate's Sensitive Information (defined below) or protected health information ("PHI"), as such term is
defined under HIPAA, for purposes of Contractor meeting its obligations hereunder. Accordingly, the Parties agree
that neither Contractor nor Personnel shall have access to or use of any Sensitive Information or PHI. Any action by
Contractor or Personnel to access Sensitive Information or PHI shall be a material breach of this Agreement. To the
extent that Contractor and Personnel receive any personal information from patients, including Sensitive Information
or PHI, Contractor and Personnel shall treat such information as strictly confidential and shall not disclose such
information (other than as required by law) to any third party. Contractor shall be solely liable for any violations of
privacy laws by Contractor and Personnel. "Sensitive Information" includes any information in any form that
identifies, relates to, describes, or is capable of being associated with a particular individual and that is not generally
available to the public, such as social security number, employee identification number, tax identification number,
passport number, driver's license or state identification card number, insurance policy number, employment history,
bank account number, credit card number, debit card number or any financial information. The terms of this Part III
shall survive termination or expiration of this Agreement.
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Part IV
INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF)
INSURANCE REQUIREMENTS
Contractor shall obtain and continuously maintain during the term hereof and for not less than three (3) years following
the Expiration Date or earlier termination of this Agreement the following insurance coverages naming Contractor
and Personnel as named insureds:
a) Commercial and general liability insurance with a limit of not less than $1,000,000 per occurrence and
3,000,000 annual aggregate.
b) Workers' Compensation insurance, as required by Laws.
c) Employer's liability insurance with a limit of not less than $1,000,000 for each occurrence.
d) Business automobile liability insurance covering hired, owned and non -owned vehicles used to provide
Services under the Agreement, if applicable, with a limit of not less than $1,000,000 for each occurrence.
e) Errors and omissions insurance with a limit of not less than $1,000,000 per occurrence and $3,000, 000 annual
aggregate.
Contractor shall provide Affiliate with certificates of insurance prior to the Effective Date and as of each annual
renewal during the term of this Agreement. In the event of any modification, termination, expiration, non -renewal or
cancellation of any of such insurance policy, Contractor shall give written notice thereof to Affiliate not more than ten
10) days following Contractor's receipt of such notification. Contractor may meet the obligations of this Part IV by
being self-insured.
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22. Award of Construction Agreement for the Energy Efficiency & Conservation
Grant Voucher Program Solar Retrofit in the amount of $249,590 to Retrofit
Ornamental Light Poles with Solar-powered LED fixtures (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
California;
1. Authorize the City Manager or designee to approve the award of an
agreement with Sierra Pacific Electrical Contracting in the amount of
$149,776 for the implementation of the Energy Efficiency and
Conservation Grant (EECBG) Voucher Solar Retrofit 2024 project; and
2. Authorize the Director of Finance & Management Services to approve
construction contingencies in the total amount of $99,814 for construction
of the Project, for a total not to exceed project budget of $249,590; and
3. Authorize the City Manager or designee to execute all documents with
Sierra Pacific Electrical Contracting; and
4. Authorize the City Manager or designee to expend the contingency
fund, if necessary, to complete the project.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Award of Construction Agreement for the Energy
Efficiency & Conservation Grant Voucher Program Solar
Retrofit in the amount of $249,590 to Retrofit Ornamental
Light Poles with Solar-powered LED fixtures (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
California;
1. Authorize the City Manager or designee to approve the award of an agreement
with Sierra Pacific Electrical Contracting in the amount of $149,776 for the
implementation of the Energy Efficiency and Conservation Grant (EECBG)
Voucher Solar Retrofit 2024 project; and
2. Authorize the Director of Finance & Management Services to approve
construction contingencies in the total amount of $99,814 for construction of the
Project, for a total not to exceed project budget of $249,590; and
3. Authorize the City Manager or designee to execute all documents with Sierra
Pacific Electrical Contracting; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Executive Summary
The City of San Bernardino has been awarded a $249,590 voucher grant through the
federal Energy Efficiency and Conservation Block Grant (EECBG) program to support
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energy efficiency and sustainability initiatives. This grant-funded project, which will not
impact the General Fund, involves retrofitting ornamental light poles with solar-
powered LED fixtures to reduce energy consumption and greenhouse gas emissions.
Following a competitive bidding process, staff recommend awarding the contract to
Sierra Pacific Electrical Contracting as the lowest responsive and responsible bidder,
with a base bid of $133,752.00 and a total of $149,776.00 including the optional
Additive Alternate. The full grant amount of $249,590 will be utilized to ensure that all
contract contingencies and additional project needs are fully funded.
Background
The Energy Efficiency and Conservation Block Grant (EECBG) program is a federally
funded initiative aimed at promoting energy efficiency and sustainability within
communities across the United States. Established under the Energy Independence
and Security Act of 2007, the EECBG provides financial assistance to local
governments, tribal governments, and states to support a variety of energy efficiency
projects. These include energy-efficient lighting upgrades, building retrofits, renewable
energy installations, and transportation enhancements. The program is designed to
reduce energy consumption, greenhouse gas emissions, and utility costs, while
simultaneously fostering economic growth, creating jobs, and mitigating the impacts of
climate change at the local level.
To meet the statutory requirements of the EECBG program, local governments must
submit an Energy Efficiency and Conservation Strategy (EECS) to the U.S.
Department of Energy (DOE). On November 28, 2023, the City of San Bernardino
submitted its EECBG application, and in December 2023, the DOE formally approved
the application, awarding the City 100% Federal funding in the amount of $249,590.
This funding is provided to the City on a reimbursement basis and does not require the
City to contribute any matching funds to the project.
The primary goal of the EECBG program for the City is to retrofit more than 1,200
ornamental light fixtures to solar-powered LED fixtures. Given the fluctuating costs of
solar-based technology, including batteries and solar panel components, the
retrofitting process will occur over multiple funding cycles. Each cycle is anticipated to
cover approximately 125 fixtures. As part of this initiative, City staff will evaluate all
locations with ornamental light poles to determine their suitability for retrofitting. This
evaluation will include assessments of exposure to direct sunlight and the potential for
theft of existing or newly installed hardware.
The first phase of the EECBG project involves the retrofit of approximately 118
ornamental light fixtures as part of the Solar Retrofit 2024 initiative. This initial phase
will replace existing fixtures with solar-powered LED fixtures, reducing energy
consumption, greenhouse gas emissions, and utility costs for the City.
Through this effort, San Bernardino will ensure compliance with all grant policy
guidelines and complete the project within the granting period, with a scheduled
completion date of August 16, 2025, as outlined in the project timeline. This timeline
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aligns with the two-year project and budget period for local governments, ensuring
adherence to federal requirements. While recipients may request a no-cost time
extension or modification to shorten the performance period, the City is committed to
completing the project on time and maximizing the grant's impact within the specified
timeframe.
Discussion
The EECBG Voucher Program - Solar Retrofit 2024 project involves retrofitting existing
ornamental poles with new LED solar fixtures to enhance energy efficiency and
sustainability in alignment with city goals. The project was advertised, and a
competitive bidding process was conducted to secure the most cost-effective and
qualified contractor.
The city received bids from six contractors, as detailed in the bid tabulation table. Each
bidder submitted pricing for the base bid items and the additive alternate for additional
lighting improvements. The results were analyzed for responsiveness, accuracy, and
alignment with project requirements. Key findings from the bid evaluation are as
follows:
Sierra Pacific Electrical Contracting submitted the lowest responsive bid for the
EECBG Voucher Program - Solar Retrofit 2024 project, with a base bid of $133,752.00
and a combined total of $149,776.00, including Additive Alternate #1. Their bid was
calculated accurately, matched the amount indicated in their submission, and complied
fully with the bidding requirements. Sierra Pacific Electrical Contracting has a proven
track record of successfully completing similar projects, further demonstrating their
ability to deliver the work efficiently and reliably.
Horizon Lighting Inc., while initially appearing as a potential low bidder, was deemed
non-responsive due to the absence of unit pricing, a mandatory component for
consideration. Similarly, Crosstown Electrical & Data Inc. included a significant
calculation error for Additive Alternate #1, resulting in an inflated total bid amount
inconsistent with project requirements. The remaining bidders—Quality Light and
Electrical, Elecnor Belco Electric Inc., and Blue-Collar Contractors—submitted bids
ranging from $217,507.00 to $334,352.40 significantly higher than Sierra Pacific
Electrical Contracting’s proposal. Therefore, Sierra Pacific Electrical Contracting’s
selection as the lowest responsive and responsible bidder.
Please see the chart of the bids received below:
Bidder City Base Bid
Sierra Pacific Electrical Contracting Jurupa Valley, Ca $133,752.00
Horizon Lighting Inc. Irvine, Ca Non-responsive
Crosstown Electrical & Data Inc.Irwindale, Ca $163,189.00
Quality Light and Electrical Bloomington, Ca $217,507.00
Elecnor Belco Electrical Chino, Ca $244,888.00
Blue Collar Contractors Upland, Ca $334,352.00
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The scope of the project involves retrofitting existing ornamental light fixtures
throughout the City with energy-efficient, solar-powered LED fixtures. The base work
includes mobilization, the implementation of temporary traffic control, and the retrofit
of 76 single ornamental poles with new LED solar fixtures using black tenon Type "S"
adapters. It also includes retrofitting 26 double ornamental poles with new LED solar
fixtures using black tenon Type "D" adapters and installing a project sign conforming
to Caltrans standards RS1 and RS2.
The retrofits focus on "acorn poles," which are decorative streetlight poles with fixtures
resembling an acorn, commonly found in historic districts and areas of architectural
significance. These poles play a key role in preserving the aesthetic and historic
character of the City while providing modern, sustainable lighting solutions.
As part of the project’s planning phase, City staff conducted an evaluation of various
prototype fixtures to ensure the final design met both functional and aesthetic criteria.
This evaluation included a review of lighting output to meet safety and visibility
requirements, as well as compatibility with the historic style of existing poles. The
selected prototype balances these needs, ensuring the retrofit enhances the efficiency
of the lighting system while maintaining the City’s architectural heritage.
Additionally, Additive Alternate #1, which involves retrofitting 16 single ornamental
poles along E Street between 4th Street and 5th Street, with LED solar fixtures using
black tenon Type "S" adapters, was also included in the bid. This optional work aims
to enhance energy-efficient lighting in the area, improving visibility and safety while
expanding sustainable infrastructure in the City.
Based on their competitive pricing, adherence to project specifications, and
qualifications, staff recommend awarding the contract for the EECBG Voucher
Program - Solar Retrofit 2024 project to Sierra Pacific Electrical Contracting. This
project, funded entirely through the federal EECBG program, aligns with the City’s
goals to reduce energy consumption, lower greenhouse gas emissions, and improve
infrastructure sustainability.
The construction management and inspection (CMCI) services for the Solar Retrofit
2024 project will be performed in-house by City staff, eliminating the need to hire an
external consultant. Utilizing existing staff for these roles allows the City to maintain
direct oversight of the project while ensuring quality control and compliance with all
grant requirements. This approach leverages the expertise of City personnel, reduces
costs associated with hiring outside firms, and ensures the project remains within the
allocated grant budget without impacting the General Fund. City staff are well-equipped
to manage this project efficiently, ensuring successful and timely completion.
Project Budget details below:
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Project Timeline Below:
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with Key Target No. 3: Improved
Quality of Life. The completion of this project will improve the community’s quality of
life by providing safe and well-maintained futsal field facilities.
Fiscal Impact
The City of San Bernardino has been awarded a $249,590 voucher grant through
the federal Energy Efficiency and Conservation Block Grant (EECBG) program to fund
the Solar Retrofit 2024 project. This grant is 100% federally funded and provided on a
reimbursement basis, with no matching funds required from the City. As a result, this
project will have no impact on the General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
California;
1. Authorize the City Manager or designee to approve the award of an agreement
with Sierra Pacific Electrical Contracting in the amount of $149,776 for the
implementation of the EECBG Voucher Solar Retrofit 2024 project.
Grant Amount $249,590.00
Bid Amount $133,752.00
Add Alt. No. 1 $16,024.00
Contingency $99,814.00
Total $249,590.00
EECBG Grant Funding Details
Kickoff Meeting within 30
days of Award
Notice to Proceed -Within
10 days of kickoff meeting
Project Performance Period
-200 Calendar Days
Est imated Completion Date
-August 16th, 2025
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2. Authorize the Director of Finance & Management Services to approve
construction contingencies in the total amount of $99,814 for construction of the
Project, for a total not to exceed project budget of $249,590; and
3. Authorize the City Manager or designee to execute all documents with Sierra
Pacific Electrical Contracting
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Attachments
Attachment 1 – Agreement with Sierra Pacific Electrical Contracting
Attachment 2 – Bid Tabulation
Attachment 3 – Bid Proposal
Attachment 4 – Location Map
Ward:
First, Second, Fifth, and Seventh Ward
Synopsis of Previous Council Actions:
March 20, 2024 Resolution No. 2024-058 Accepting the Energy Efficiency and
Conservation Block Grant (EECBG).
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Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1.1 MOBILIZATION LS 1 1,000.00$ $1,000.00 -$ $0.00 3,500.00$ $3,500.00 60,891.00$ $60,891.00 11,750.00$ $11,750.00 213,500.00$ $213,500.00
1.2 TEMPORARY TRAFFIC CONTROL EA 1 1,000.00$ $1,000.00 -$ $0.00 1,500.00$ $1,500.00 6,380.00$ $6,380.00 11,750.00$ $11,750.00 26,920.00$ $26,920.00
1.3
RETROFIT AN EXISTING SINGLE ACORN POLE WITH ONE NEW
LED SOLAR FIXUTRE WITH ONE NEW BLACK TENON TYPE “S”
ADAPTER
EA 76 1,001.50$ $76,114.00 -$ $0.00 1,525.00$ $115,900.00 1,438.00$ $109,288.00 1,947.00$ $147,972.00 906.20$ $68,871.20
1.4
RETROFIT AN EXISTING DOUBLE ACORN POLE WITH ONE
NEW LED SOLAR FIXUTRE WITH ONE NEW BLACK TENON
TYPE “D” ADAPTER
EA 26 1,004.50$ $26,117.00 -$ $0.00 1,525.00$ $39,650.00 1,438.00$ $37,388.00 2,687.00$ $69,862.00 906.20$ $23,561.20
1.5 PROJECT SIGN COMFORMING TO CALTRANS STANDARD RS1 & RS2 EA 1 29,521.00$ $29,521.00 -$ $0.00 2,639.00$ $2,639.00 3,560.00$ $3,560.00 3,554.00$ $3,554.00 1,500.00$ $1,500.00
Apparent Low Bidder 1 Apparent Low Bidder 2 Apparent Low Bidder 3 Apparent Low Bidder
4 Apparent Low Bidder 5 Apparent Low Bidder 6
$133,752.00 $0.00 $163,189.00 $217,507.00 $244,888.00 $334,352.40
$133,752.00 $163,165.54 $163,189.00 $217,507.00 $244,888.00 $241,920.00
$0.00 -$163,165.54 $0.00 $0.00 $0.00 $92,432.40
2.1
RETROFIT AN EXISTING SINGLE ACORN POLE WITH ONE NEW LED
SOLAR FIXUTRE WITH ONE NEW BLACK TENON TYPE “S” ADAPTER.
ALONG E ST FROM 4TH ST TO 5TH ST.
EA 16
1,001.50$ 16,024.00$ -$ -$ 1,525.00$ 24,436,600.00$ 2,031.00$ 32,496.00$ 1,947.00$ 31,152.00$ -$ -$
$16,024.00 $0.00 $24,436,600.00 $32,496.00 $31,152.00 $0.00
$149,776.00 $0.00 $24,599,789.00 $250,003.00 $276,040.00 $334,352.40
0.00%$0.00
NA NA NA NA NA NA
#DIV/0!$0.00 0.00%$0.00 0.00%$0.00 0.00%$0.00 0.00%$0.00
TOTAL $0.00
TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00
SUBCONTRACTORS
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES
IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS
CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID
AMOUNT
ADDITIVE ALTERNATE #1 (HUCHABAA FIELD LIGHTING)
ADDITIVE ALTERNATE #1 TOTAL
BASE BID + ADDITIVE ALTERNATVE #1
Apparent Low Bidder 3
Crosstown Electrical & Data Inc.
1. BID TABULATION
PROJECT NAME: EECBG Voucher Program – Solar Retrofit 2024
PROJECT NO: TC25-004
Bid Item and Description
Apparent Low Bidder 1
Sierra Pacific Electrical Contracting
Apparent Low Bidder 5
Elecnor Belco Electric Inc.
Apparent Low Bidder 2
Horizon Lighting Inc
(Non Responsive: Unit Prices blank)Quality Light and Electrical
Apparent Low Bidder 4 Apparent Low Bidder 6
Blue Collar Contractors
BID RANKING
SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BID
DID THE BIDDER MEET MAX 49% SUB CONTRACTOR (MIN 51% WORK BY PRIME CONTRACTOR) REQUIREMENT
TOTAL BID AMOUNT INDICATED BY BIDDER
BID TABULATION
S:\ENGINEERING\RFCA's\2024 All\12.18.24\EECBG Vocher\TC25-004 BID ANALYSISBID TABULATION 1 of 1
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Location Map
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23. Award of Construction Agreement for Improvements at Gutierrez Park to Zeco
Inc., and Authorize a Project Budget of $1,100,228.38 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California adopt Resolution 2025-016:
1. Approving the award of a Construction Agreement with Zeco Inc. in the
amount of $887,224.55 for Improvements at Gutierrez Park (Project); and
2. Authorizing the construction contingencies, construction management,
and administrative costs in the total amount of $177,444.91.
3. Authorizing the Director of Finance and Management Services to amend
the FY 2024/25 CIP budget with an additional $100,228.38 from the AB
1600 Parkland and Op Fund to bring the total project budget to
$1,100,228.38.
4. Authorizing the City Manager or designee to execute all documents with
Zeco Inc.; and
5. Authorizing the City Manager or designee to expend the contingency fund,
if necessary, to complete the project.
6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Award of Construction Agreement for Improvements at
Gutierrez Park to Zeco Inc., and Authorize a Project
Budget of $1,100,228.38 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-016:
1. Approving the award of a Construction Agreement with Zeco Inc. in the amount
of $887,224.55 for Improvements at Gutierrez Park (Project); and
2. Authorizing the construction contingencies, construction management, and
administrative costs in the total amount of $177,444.91.
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP budget with an additional $100,228.38 from the AB 1600 Parkland
and Op Fund to bring the total project budget to $1,100,228.38.
4. Authorizing the City Manager or designee to execute all documents with Zeco
Inc.; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
Executive Summary
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Awarding the Agreement for construction of the Improvements at Gutierrez Park
Project will foster increased opportunities for youth and adult sports activities,
contributing to overall community well-being and creating a positive impact on public
health and engagement. The Agreement would allow the City to issue Zeco Inc. a
Notice to Proceed, initiating the process to construct the improvements. The
agreement will include Zeco Inc. construction fee of $887,224.55. Additional funds
are recommended for design contingencies in the amount of $177,444.91 The total
cost of design and design contingencies is $1,064,669.46. The improvements at
Gutierrez Park include replacing ballfield fences, paving and striping the parking lot,
widening and adding sidewalks, constructing a new driveway approach, paving the
bleacher area, adding team benches, installing new roofing on the concession
building, and relocating the electrical stub-up for the concession building.
Background
The Gutierrez Park, located at the intersection of 14th Street and Mt. Vernon
Avenue. It spans 1.98 acres and provides a variety of recreational amenities for the
community. The park features a baseball diamond specifically designed for Little
League games, providing a space for youth sports and recreational activities. In
addition to the playing field, the park includes a concession stand and press box,
supporting the needs of sports events and spectators. A playground area is also
available for children, along with two picnic tables, offering space for family
gatherings and outdoor relaxation. The park is equipped with a restroom facility to
ensure convenience for visitors. These amenities make the park an important asset
to the surrounding neighborhood, promoting physical activity, community
engagement, and outdoor enjoyment for residents of all ages.
On May 15, 2024, the Mayor and City Council adopted the Fiscal Year 2024-25
Annual Action Plan for the Community Development Block Grant (CDBG), HOME
Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs.
These federal funding programs are designed to support the City’s efforts in
addressing affordable housing, homelessness prevention, community development,
and public services. The Annual Action Plan outlines how the City will allocate these
funds to meet identified community needs and priorities for the upcoming fiscal year.
On September 18, 2024, the Mayor and City Council approved a funding agreement
with the County of San Bernardino for $750,000 to support these improvements.
This funding will help finance necessary upgrades to the park's sports fields,
including infrastructure enhancements and other critical improvements to enhance
the community’s recreational opportunities. The approval of this agreement marks
an important step in advancing the project and addressing the growing demand for
upgraded park facilities in the area.
As part of the Fiscal Year 2024-25 Community Development Block Grant (CDBG)
allocation, $250,000 has been designated for improvements at Gutierrez Park. This
funding will be used for capital improvement projects to enhance the park’s facilities
and provide a better environment for community activities. The goal of the CDBG
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program is to support urban development by improving public spaces, increasing
accessibility, and promoting economic opportunities for low- and moderate-income
residents.
Gutierrez Park, as one of the City's public facilities, will benefit from these
improvements, which will support recreational and social activities for the local
community. This funding is part of a larger $1 million allocation for public facilities,
which also includes similar improvements at Encanto Park and the Ruben Campos
Community Center. The Gutierrez Park improvements are intended to enhance the
overall experience for visitors and ensure that the park remains a valuable resource
for all residents.
Discussion
The proposed improvements at the Gutierrez Park will focus on several key areas
to enhance both the functionality and appearance of the facility. The project includes
replacing the ballfield fences to ensure better safety and organization around the
playing areas. Additionally, the parking lot will be repaved with asphalt and properly
striped to improve traffic flow and parking capacity. To enhance accessibility and
circulation, the existing sidewalk will be widened, new sidewalk sections will be
added, and a new driveway approach will be installed. The bleachers area will also
undergo concrete paving to provide a more durable and stable surface for
spectators. To further improve the spectator experience, new team benches will be
added. The concession building will receive a new roof to address maintenance
concerns, and the location for the electrical stub-up will be relocated to optimize
functionality for the concession stand. These improvements are designed to create
a safer, more convenient, and accessible park environment for all users, while also
addressing necessary upgrades to ensure the long-term viability of the facility.
Staff recommends authorizing the City Manager or their designee to execute all
necessary documents with Zeco Inc., and to manage the project, including the
expenditure of contingency funds if needed. These actions are necessary to ensure
the successful completion of Gutierrez Park Improvement project, which will provide
valuable community engagement opportunities at this park. The recommended
actions are aimed at facilitating the timely and efficient progress of this project.
The Project was advertised for public bidding on November 13, 2024 on PlanetBids.
Three sealed bids were received and opened on December 4, 2024. The total base bid
prices are as follows:
Staff has reviewed all bid packages and determined Zeco Inc. of Yorba Linda, CA,
is the lowest responsible and responsive bidder with a total base bid amount of
Bidder City Base Bid
US Builders and Consultants Irvine, CA $1,027,360.00
Kashan Group Torrence, CA $912,760.00
Zeco Inc.Yorba Linda. CA $887,224.55
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$887,224.55.
Initially, $250,000 was adopted from CDBG fund and an additional $750,000 was
awarded from the San Bernardino County for this project. From this amount, several
expenses have been deducted, including $13,360 for environmental review services
provided by Ultrasystems Inc., $20,000 for labor compliance, and $2,198.92 for a
Daily Journal advertisement. After accounting for these expenditures, the remaining
available budget is $964,441.08.
The lowest bid received for the construction work is $887,224.55. Additionally, there is a
contingency and administrative cost of $177,444.91 which covers unexpected expenses
and project management. With these amounts added together, the total construction cost
for the project is $1,064,669.46.
The remaining budget from the CDBG (Community Development Block Grant) and the
award from San Bernardino County is $964,441.08. However, the total construction
cost for the project is $1,064,669.46. There is a difference of $100,228.38 which
represents the additional funding required to fully cover the construction costs.
To address this shortfall, Staff proposes this project be funded using three sources:
$250,000 from the CDBG (Community Development Block Grant), $750,000 from the
Local Grants Fund, and $100,228.38 from the AB 1600 Parkland and Operations Fund.
Combined, these funds create a total project budget of $1,100,228.38, which will cover
the entire cost of the project.
Cost
Adopted CDBG Budget $250,000.00
SB County Award $750,000.00
Environmental Review - Ultrasystems Inc ($13,360.00)
Estimated Labor Compliance ($20,000.00)
Advertisement - Daily Journal Corporation ($2,198.92)
Remaining Budget $964,441.08
Bid
Lowest Bid $887,224.55
Contingency & Administrative Cost $177,444.91
Total Construction Cost $1,064,669.46
Budget
Remaining Budget $964,441.08
Total Construction Cost $1,064,669.46
Additional Funding Required ($100,228.38)
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Below is the tentative construction schedule outlining the anticipated timeline and key
milestones for this Project, emphasizing that it is subject to adjustments due to
contingencies and unforeseen circumstances. The Contractor shall complete all work
required by the Contract Documents within sixty (60) calendar days from the
commencement date stated in the Notice to Proceed.
Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or
Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or
reconstruction of existing structures or facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the
same purpose and capacity as the structure replaced. Here, the Project involves
reconstructing the park facilities located on the same site.
The City has also considered whether the proposed Project is subject to any
exception to the Class 2 exemption, as set forth in State CEQA Guidelines section
15300.2. No exception applies for the following reasons:
a) The location exception only applies to Class 3, 4, 5, 6, and 11
exemptions, none of which are being utilized here.
Mayor and City
Council Approval
1/15/2025
Contract Execution
& P.O Issuance
Feburary 2025
Pre-Construction
Meeting
March 2025
Notice to Proceed
March 2025
Construction Start
April 2025
Construction
Completed
June 2025
Proposed Budget
CDBG Fund $250,000.00
SB County Award $750,000.00
AB 1600 Parkland and Op Fund $100,228.38
Total Project Budget $1,100,228.38
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b) The proposed Project would not result in any significant
cumulative impacts on the environment. The cumulative impacts
exception does not apply because the Project has no
incrementally significant impacts on the environment.
c) A categorical exemption may be subject to an exception where
there is a reasonable possibility that the activity will have a
significant effect on the environment due to unusual
circumstances. The proposed Project does not involve any
unusual circumstances and has no potential to result in a
significant impact on the environment.
d) Under the “scenic highways” exception, a categorical exemption
may be subject to an exception where the project may result in
damage to scenic resources within a highway officially
designated as a state scenic highway. The exception does not
apply here as the Project would not damage any scenic
resources within a state scenic highway.
e) The Project is not located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code.
f) The Project site does not contain a historical resource.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with the Key Target No. 3:
Improved Quality of Life. This project will enhance the community’s recreational
amenities, providing safe, accessible, and well-maintained park facilities for
residents.
Fiscal Impact
There is no General Fund impact associated with this action. The project will be
funded using existing CDBG funding and an additional $100,228.38 from the AB
1600 Parkland and Op Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-016:
1. Approving the award of a Construction Agreement with Zeco Inc. in the amount
of $887,224.55 for Improvements at Gutierrez Park (Project); and
2. Authorizing the construction contingencies, construction management, and
administrative costs in the total amount of $177,444.91.
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3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP budget with an additional $100,228.38 from the AB 1600 Parkland
and Op Fund to bring the total project budget to $1,100,228.38.
4. Authorizing the City Manager or designee to execute all documents with Zeco
Inc.; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
Attachments
Attachment 1 Resolution No. 2025-016
Attachment 2 Agreement with Zeco Inc.
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
May 15, 2024 Adopt Fiscal Year 2024-25 Annual Action Plan for the
Community Development Block Grant, HOME Investment
Partnership and Emergency Solutions Grant Programs (All
Wards)
September 18, 2024 Approve $750,000 Funding Agreement with the County of
San Bernardino for Gutierrez Park Field Improvements (Ward
6)
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Resolution No. 2025-016
Resolution 2025-016
January 15, 2025
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RESOLUTION NO. 2025-016
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF AN AGREEMENT WITH
ZECO INC. IN THE AMOUNT OF $887,224.55 FOR THE
IMPROVEMENTS AT GUTIERREZ PARK (PROJECT);
AUTHORIZING THE CONSTRUCTION CONTINGENCIES,
CONSTRUCTION MANAGEMENT, AND
ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT OF
$177,444.91 FOR CONSTRUCTION OF THE PROJECT;
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
CIP BUDGET WITH AN ADDITIONAL $100,228.38 FROM
THE AB 1600 PARKLAND AND OP FUND TO BRING THE
TOTAL PROJECT BUDGET TO $1,100,228.38;
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL DOCUMENTS WITH ZECO INC.;
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO
COMPLETE THE PROJECT; AND FINDING THE
PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE
CEQA GUIDELINES SECTION 15302 (“REPLACEMENT
OR RECONSTRUCTION”).
WHEREAS, the City of San Bernardino (“City”) desires to improve Gutierrez Park
amenities to foster increased opportunities for youth and young adult sport activities (the
“Improvements at Gutierrez Park Project”); and
WHEREAS, the Gutierrez Park seeks to replace ballfield fences, repave and stripe the
parking lot, widen and add sidewalks, install a new driveway approach, pave the bleachers area,
add new team benches, replace the concession building's roof, and relocate the electrical stub-up
to improve safety, accessibility, circulation, and functionality.
WHEREAS, the improvements at Gutierrez Park aims to create a safer, more convenient,
and accessible park environment for all users, while also addressing necessary upgrades to ensure
the long-term viability of the facility; and
WHEREAS, on May 15, 2024, the Mayor, and City Council adopted Fiscal Year 2024-25
Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership
and Emergency Solutions Grant Programs; and
WHEREAS, on September 18, 2024, the Mayor, and City Council approved a funding
agreement with the County of San Bernardino for $750,000 to support these improvements; and
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Resolution No. 2025-016
Resolution 2025-016
January 15, 2025
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WHEREAS, the designated funds are focused on critical infrastructure projects within the
City, including the Improvements at Gutierrez Park Project; and
WHEREAS, the Improvements at Gutierrez Park Project was advertised for public bidding
on November 13, 2024, on PlanetBids with the City receiving three sealed bids; and
WHEREAS, City staff reviewed all bid packages and determined that Zeco Inc. was the
lowest responsible and responsive bidder; and
WHEREAS, an additional budget action is needed to provide full funding for the
Improvements at Gutierrez Park Project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve
the award of an Agreement with Zeco Inc. in the amount of $887,224.55 for Improvements at
Gutierrez Park Center (Project).
SECTION 3. The Mayor and City Council hereby authorize the construction
contingencies, construction management, and administrative costs in the total amount of
$177,444.91 for construction of the Project.
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the FY 2024/25 CIP budget with an additional $100,228.38 from
the AB 1600 Parkland and Op Fund to bring the total project budget to $1,100,228.38.
SECTION 5. The Mayor and City Council hereby authorize the City Manager or
designee to execute all documents with Zeco Inc.
SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee
to expend the contingency fund, if necessary, to complete the project.
SECTION 7.The Mayor and City Council finds this Resolution is categorically exempt
from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines
Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allows for
the replacement or reconstruction of existing structures or facilities where the new structure will
be located on the same site as the structure replaced and will have substantially the same purpose
and capacity as the structure replaced. Here, the Project involves reconstructing the previously
fire-damaged skate park with new structures located on the same site that will serve as the new
skate park. The Mayor and City Council also find this Resolution is also not subject to any
exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2.
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Resolution No. 2025-016
Resolution 2025-016
January 15, 2025
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SECTION 8.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 9. 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 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-016
Resolution 2025-016
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-016, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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GUTIERREZ PARK IMPROVEMENTS
-1- 00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. PR 25-009 is made and entered into this 15th
day of January, 2025 by and between the CITY OF SAN BERNARDINO , with its principal
place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401,
sometimes hereinafter called the “City” and Zeco Inc., sometimes hereinafter called
“Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete all of the
Work required in strict compliance with the Contract Documents as specified in Article 5, below,
for the following Project:
Improvements at Gutierrez Park
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by
the Contract Documents within Sixty (60) calendar days from the commencement date stated in
the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set
forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and including all
applicable taxes and costs, the sum of Eight Hundred Eighty-Seven Thousand Two Hundred
Twenty-Four Dollars and Fifty-Five Cents ($887,224.55). Payment shall be made as set forth in
the General Conditions. The City will pay to Contractor compensation based upon the prices set
forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature of the
Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
Contractor will pay the City the sum of One Thousand Dollars ($1,000.00) for each and every
calendar day of delay beyond the time prescribed in the Contract Documents for finishing the
Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the
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GUTIERREZ PARK IMPROVEMENTS
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Contractor agrees the City may deduct that amount from any money due or that may become due
the Contractor under the Contract. This Section does not exclude recovery of other damages
specified in the Contract Documents. Liquidated damages may be deducted from progress
payments due Contractor, Project retention or may be collected directly from Contractor, or from
Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case
of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Reference Specifications
Approved and fully executed Change Orders
Permits
Project Signs
City of San Bernardino Business Registration Application Form
Federal Forms and Other Requirements
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
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GUTIERREZ PARK IMPROVEMENTS
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ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state and local laws, rules and regulations, including, but not
limited to, the provisions of the California Labor Code and California Public Contract Code which
are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
This is a federally assisted construction contract. Federal labor standards provisions outlined in
the HUD-4010 form, including the prevailing wage requirements of the Davis-Bacon and Related
Acts (DBRA), will be enforced. The applicable Federal wage decision is the one in effect ten (10)
days prior to bid opening; it is included in these specifications and is available online at
https://sam.gov/content/wage-determinations. In the event of a conflict between the Federal and
State wage rates, the higher of the two will prevail. The State wage rates are available online at
http://www.dir.ca.gov/DLSR/PWD/index.htm. Lower State wage rates for work classifications not
specifically included in the Federal wage decision are not acceptable.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’
fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding
on public contracts for a period of up to five (5) years.
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GUTIERREZ PARK IMPROVEMENTS
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF SAN BERNARDINO
By:
Rochelle Clayton
Acting City Manager
ATTEST:
By:
Genova Rocha, CMC, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Zeco Inc.
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
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GUTIERREZ PARK IMPROVEMENTS
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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GUTIERREZ PARK IMPROVEMENTS
-6- 00 61 13 – BOND FORMS
00 61 13 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as
the “City”) has awarded to _________________________, (hereinafter referred to as the
“Contractor”) an agreement for Contract No._________, (hereinafter referred to as the
“Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and
________________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of ___________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total
amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees including reasonable
attorney’s fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by the City, during which time if
Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally
protect the City from loss or damage resulting from or caused by defective materials or faulty
workmanship. The obligations of Surety hereunder shall continue so long as any obligation of
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Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s
obligations under the Contract, law or equity, including, but not limited to, California Code of
Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project.
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GUTIERREZ PARK IMPROVEMENTS
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of ___________________________________________
process in California, if different ___________________________________________
from above)
(Telephone number of Surety ___________________________________________
and Agent or Representative for
service of process in California)
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to
local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
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Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the
“City”), by action taken or a resolution passed ___________________ , 20_____, has awarded
to ________________________ hereinafter designated as the “Principal,” a contract for the
work described as follows: Contract No.____________ (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held
and firmly bound unto the City in the penal sum of ______________ Dollars ($___________)
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other
supplies, used in, upon, for or about the performance of the work contracted to be done, or for
any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or
Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so
as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
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pertaining or relating to any scheme or work of improvement herein above described, or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission or attempted rescission of the contract, agreement or bond,
nor by any conditions precedent or subsequent in the bond attempting to limit the right of
recovery of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant seeking to
recover on the bond and that this bond be construed most strongly against the Surety and in
favor of all persons for whose benefit such bond is given, and under no circumstances shall
Surety be released from liability to those for whose benefit such bond has been given, by
reason of any breach of contract between the owner or the City and original contractor or on the
part of any obligee named in such bond, but the sole conditions of recovery shall be that
claimant is a person described in Civil Code Section 9100, and has not been paid the full
amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract to be performed thereunder, shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of Contract, including but not limited to, the
provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
END OF PAYMENT BOND
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00 72 00 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS
1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the
terms listed below will have the meanings indicated which are applicable to both the
singular and plural thereof. In addition to terms specifically defined below, terms with
initial capital letters in the Contract Documents include references to identified
articles and paragraphs, and the titles of other documents or forms.
1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or
a tidal wave.
2. Addenda -- Written or graphic instruments issued prior to the submission of Bids
which clarify, correct, or change the Contract Documents.
3. Additional Work -- New or unforeseen work will be classified as “Additional Work”
when the Engineer determines that it is not covered by the Contract.
4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations,
permits, and licenses of any kind, issued by local, state or federal governmental
authorities or private authorities with jurisdiction (including utilities), to the extent
they apply to the Work.
5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting
forth the prices and other terms for the Work to be performed.
6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by
the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into
a written contract.
7. Bidder -- The individual or entity who submits a Bid directly to the City.
8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Times,
issued on or after the Effective Date of the Contract, in accordance with the
Contract Documents and in the form contained in the Contract Documents.
9. Change Order Request (“COR”) -- A request made by the Contractor for an
adjustment in the Contract Price and/or Contract Times as the result of a
Contractor-claimed change to the Work. This term may also be referred to as a
Change Order Proposal (“COP”), or Request for Change (“RFC”).
10. City’s Representative – The City Engineer, and acting through properly authorized
agents, such as the Engineer or such other agents acting within the scope of the
particular duties entrusted to them. Also sometimes referred to as the “City’s
Representative” or “Representative” in the Contract Documents. The terms the
City and Owner may be used interchangeably
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11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of
Contract Price or Contract Times, or both, or other relief with respect to the terms
of the Contract. A demand for money or services by a third party is not a Claim.
12. Contract -- The entire integrated written agreement between the City and
Contractor concerning the Work. “Contract” may be used interchangeably with
“Agreement” in the Contract Documents. The Contract supersedes prior
negotiations, representations, or agreements, whether written or oral, and includes
all Contract Documents.
13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the
Contract for Construction. Some documents provided by the City to the Bidders
and Contractor, including but not limited to reports and drawings of subsurface and
physical conditions are not Contract Documents.
14. Contract Price -- Amount to be paid by the City to the Contractor as full
compensation for the performance of the Contract and completion of the Work,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs.
15. Contract Time -- The number of days or the dates stated in the Contract
Documents to: achieve defined milestones, if any; and to complete the Work so
that it is ready for final payment.
16. Contractor -- The individual or entity with which the City has contracted for
performance of the Work.
17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated
On-Site Representative will be identified by the Contractor and shall not be
changed without prior written consent of the City.
18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported
by documented proof that Contractor made every effort to obtain such materials
from all available sources; (b) such shortage is due to the fact that such materials
are not physically available from single or multiple sources or could have been
obtained only at exorbitant prices entirely inconsistent with current and standard
rates taking into account the quantities involved and the usual industry practices
in obtaining such quantities; and (c) such shortages and the difficulties in obtaining
alternate sources of materials could not have been known or anticipated by
Contractor at the time it submitted its bid or entered the Contract. Market
fluctuations in prices of materials, whether or not resulting from a Force Majeure
Event, does not constitute a Critical Supply Shortage.
19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full
compensation to the Contractor due to the City’s unreasonable delay to the Project
that was not contemplated by the parties.
20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not
conform to the Contract Documents; or that does not meet the requirements of any
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inspection, reference standard, test, or approval referenced in the Contract
Documents.
22. Demobilization -- The complete dismantling and removal by the Contractor of all
of the Contractor’s temporary facilities, equipment, and personnel at the Site.
23. Drawings -- That part of the Contract Documents prepared by of the Engineer of
Record which graphically shows the scope, extent, and character of the Work to
be performed by Contractor. Shop Drawings and other Contractor Submittals are
not Drawings as so defined.
24. Effective Date of the Contract -- The date indicated in the Contract on which it
becomes effective, but if no such date is indicated, it means the date on which the
Contract is signed and delivered by the last of the two parties to sign and deliver.
25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer
authorized to act for and in behalf of the City, acting either directly or through
properly authorized agents, such agents acting severally within the scope of the
particular duties entrusted to them.
26. Force Majeure Event -- An event that materially affects a party’s performance and
is one or more of the following: (1) Acts of God or other natural disasters occurring
at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental
authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required
for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and
other organized labor action occurring at the Site and the effects thereof on the
Work, only to the extent such strikes and other organized labor action are beyond
the control of Contractor and its Subcontractors, of every Tier, and to the extent
the effects thereof cannot be avoided by use of replacement workers; and (6) a
Critical Supply Shortage. For purposes of this section, “orders of governmental
authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its
capacity as a municipal authority.
27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided
in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended
from time to time, or any substance or material identified as hazardous under any
state or federal statute governing handling, disposal and/or cleanup of any such
substance or material, whichever is more restrictive.
28. Holiday – Holidays occur on:
New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
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Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are
both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday
are both Holidays.
29. Notice of Award -- The written notice by the City to the Successful Bidder stating
that upon timely compliance by the Successful Bidder with the conditions
precedent listed therein, the City will sign and deliver the Contract.
30. Notice of Completion -- The form which may be executed by the City constituting
final acceptance of the Project.
31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date
on which the Contractor may proceed with the Work and when Contract Times will
commence to run.
32. Project -- The total construction of which the Work to be performed under the
Contract Documents may be the whole, or a part.
33. Record Drawings – The record set of as-builts prepared by the Contractor during
the Work in accordance with the requirements of the General Conditions.
34. Recyclable Waste Materials -- Materials removed from the Site which are required
to be diverted to a recycling center rather than an area landfill. Recyclable Waste
Materials include, but are not limited to, asphalt, concrete, brick, concrete block,
and rock.
35. Sample -- A physical example furnished by the Contractor to illustrate materials,
equipment or workmanship; to establish standards by which the Work will be
judged.
36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of
required submittals and the time requirements to facilitate scheduled performance
of related construction activities.
37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data
or information which are specifically prepared or assembled by or for Contractor
and submitted by Contractor to illustrate some portion of the Work.
38. Site -- Lands or areas indicated in the Contract Documents as being furnished by
the City upon which the Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands furnished by the City which
are designated for the use of Contractor.
39. Specifications -- That part of the Contract Documents consisting of written
requirements for materials, equipment, systems, standards and workmanship as
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applied to the Work, and certain administrative requirements and procedural
matters applicable thereto.
40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
41. Subcontractor -- An individual or entity other than a Contractor having a contract
with any other entity than the City for performance of any portion of the Work at
the Site.
42. Submittal -- Written and graphic information and physical samples prepared and
supplied by the Contractor demonstrating various portions of the Work.
43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom
the City makes an award.
44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish
materials or equipment used in the performance of the Work or to be incorporated
in the Work.
45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including those that convey electricity,
gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or
traffic or other control systems.
46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by
the Contractor in its Bid or as adjusted in accordance with the Contract Documents.
47. Warranty -- A guarantee provided to the City by the Contractor that the Work will
remain free of defects and suitable for its intended use for the period required by
the Contract Documents or the longest period permitted by the law of this state,
whichever is longer.
48. Work -- The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the
result of performing or providing all labor, services, and documentation necessary
to produce such construction, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract
Documents.
1.2 Terminology.
A. The words and terms below are not defined but, when used in the Contract
Documents, have the indicated meaning.
1. The word “furnish,” when used in connection with services, materials, or
equipment, shall mean to supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use or installation and in
usable or operable condition.
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2. The word “install,” when used in connection with services, materials, or equipment,
shall mean to put into use or place in final position said services, materials, or
equipment complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with services,
materials, or equipment, shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in
connection with services, materials, or equipment, an obligation of Contractor is
implied.
B. Unless stated otherwise in the Contract Documents, words or phrases that have a
well-known technical or construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized meaning.
ARTICLE 2 -PRELIMINARY MATTERS
2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will
execute the Contract, the Contractor shall furnish and file with the City a signed
Contract and the necessary Performance Bond, Payment Bond, and Certificates of
Insurance and Endorsements, as well as any other documents specified in the
Contract Documents.
2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract
Documents, duly executed by a responsible corporate surety admitted to transact
surety business in the State of California, as defined in Code of Civil Procedure
section 995.120, and listed in the United States Department of the Treasury circular
entitled "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies," authorized to do
business in the State of California and acceptable to the City conditioned upon the
faithful performance by the Contractor of all requirements of the Contract
Documents. Each of the bonds shall be in a sum no less than one hundred percent
(100%) of the Contract Price. Bonds shall be delivered to the City within ten (10)
Days after receipt of the Notice of Award and before execution of the Contract by
the City.
2.3 Evidence of Insurance
A. Prior to commencing any Work but no later than ten (10) Days after receipt of the
Notice of Award, the Contractor shall submit or cause to be submitted any and all
Certificates of Insurance and Endorsements, showing that the Contractor has the
required insurance, to the attention of the City. Such insurance is to be provided at
the sole cost and expense of the Contractor. No Work shall be performed until all of
the required insurance has been received and approved.
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2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract,
establishing the Effective Date of the Contract.
2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain
the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to
the Contractor and award the Contract to the next lowest responsive, responsible
bidder as determined by the City. If the City elects to accept bonds and insurance
submitted late, the Contract Times will begin to run as of the date stated in the Notice
to Proceed. However, the number of days beyond the original ten (10) Days it took
to receive the properly executed Contract and related items may be deducted from
the Contract Times.
2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.
Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.
The Contract Times begin to run on the date specified in the Notice to Proceed. No
Work shall be done at the Site prior to the issuance of the Notice to Proceed.
2.7 Copies of Documents
A. Contractor will be furnished, free of charge, five (5) copies of the Contract
Documents. Additional copies may be obtained at cost of reproduction. Contractor
shall maintain a clean, undamaged set of Contract Documents, including Submittals,
at the Project site.
2.8 Substitution Requests, Schedule of Submittals, and Schedule
A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless
otherwise specified in the Contract Documents), Contractor shall provide all
substitution requests as further described in Section 00 72 00, Article 6.5.
B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of
Proceed (unless otherwise specified in the Contract Documents), Contractor shall
submit to the City a Schedule of Submittals that conforms with the requirements of
Section 00 72 00, Article 5.21.
C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless
otherwise specified in the Contract Documents), the Contractor shall submit a
construction schedule that conforms with the requirements of Section 00 72 00,
Article 8.2.
2.9 Preconstruction Conference; Designation of Authorized Representatives.
A. Before any Work at the Site is started, a conference attended by the City, Contractor,
Engineer, and others as appropriate will be held to establish a working
understanding among the parties as to the Work and to discuss the schedules
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referred to herein, procedures for handling Submittals and Shop Drawings,
processing applications for payment, and maintaining required records.
B. At this conference the City and Contractor each shall designate, in writing, a specific
individual to act as its authorized representative with respect to the services and
responsibilities under the Contract. Such individuals shall have the authority to
transmit instructions, receive information, render decisions relative to the Contract,
and otherwise act on behalf of each respective party.
2.10 Subcontractor Mobilization Meeting.
A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the
involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the
schedule, coordination, procedures, and other administrative issues.
2.11 Authority of Board; Engineer
A. The Board has the final authority in all matters affecting the Work. Within the scope
of the Contract, the Engineer has the authority to enforce compliance with the
Contract Documents. The Contractor shall promptly comply with instructions from
the Engineer.
B. The decision of the Engineer is final and binding on all questions relating to:
1. quantities;
2. acceptability of material, equipment, or work;
3. execution, progress or sequence of work;
4. interpretation of the Plans, Specifications, or other Contract Documents; and
5. Any other areas specifically identified in the Contract Documents or under the law.
C. Compliance with instructions from the Engineer shall be a condition precedent to any
payment under the Contract, unless otherwise ordered by the Board.
2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work
in advance of construction operations and not directly attributable to any specific bid
item will be included in the progress estimate. When no bid item is provided for
mobilization payment for such costs will be deemed to be included in the other items
of the Work.
B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall
constitute full compensation for all such Work. No payment for mobilization will be
made until all of the listed items have been completed to the satisfaction of the
Engineer. The scope of the Work included under mobilization shall include, but shall
not be limited to, the following principal items:
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1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project Site of all Contractor’s plant and equipment required for
the first month’s operations.
3. Installing temporary construction power, wiring, and lighting facilities, as
applicable.
4. Establishing fire protection system, as applicable.
5. Developing and installing a construction water supply, as applicable.
6. Providing and maintaining the field office trailers for the Contractor, if necessary,
and the Engineer (if specified), complete, with all specified furnishings and utility
services.
7. Providing on-site sanitary facilities and potable water facilities as specified per Cal-
OSHA and these Contract Documents.
8. Furnishing, installing, and maintaining all storage buildings or sheds required for
temporary storage of products, equipment, or materials that have not yet been
installed in the Work. All such storage shall meet manufacturer’s specified storage
requirements, and the specific provisions of the specifications, including
temperature and humidity control, if recommended by the manufacturer, and for
all security.
9. Arranging for and erection of Contractor’s work and storage yard.
10. Posting all OSHA required notices and establishment of safety programs per Cal-
OSHA.
11. Full-time presence of Contractor’s superintendent at the job Site as required
herein.
12. Submittal of construction schedule as required by the Contract Documents.
ARTICLE 3 -CONTRACT DOCUMENTS; INTENT
3.1 Examination of Drawings, Specifications, and Site of Work
A. Examination of Contract Documents; Site. Before commencing any portion of the
Work, Contractor shall again carefully examine all applicable Contract Documents,
the Project Site, and other information given to Contractor as to materials and
methods of construction and other Project requirements. Contractor shall
immediately notify the Engineer of any potential error, inconsistency, ambiguity,
conflict, or lack of detail or explanation. If Contractor performs, permits, or causes
the performance of any Work which is in error, inconsistent or ambiguous, or not
sufficiently detailed or explained, Contractor shall bear any and all resulting costs,
including, without limitation, the cost of correction. In no case shall the Contractor
or any Subcontractor proceed with Work if uncertain as to the applicable
requirements.
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B. Additional Instructions. After notification of any error, inconsistency, ambiguity,
conflict, or lack of detail or explanation, the Engineer will provide any required
additional instructions, by means of drawings or other written direction, necessary
for proper execution of Work.
C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best
quality of their respective kinds and the Contractor must use all diligence to inform
itself fully as to the required construction and finish.
D. Contractor’s Variation from Contract Document Requirements. If it is found that the
Contractor has varied from the requirements of the Contract Documents including
the requirement to comply with all Applicable Laws, the Engineer may at any time,
before or after completion of the Work, order the improper Work removed, remade
or replaced by the Contractor at the Contractor’s expense.
3.2 Intent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be
binding as if required by all. It is the intent of the Contract Documents to describe a
functionally complete Project (or part thereof) to be constructed in accordance with
the Contract Documents. Any labor, documentation, services, materials, or
equipment that reasonably may be inferred from the Contract Documents or from
prevailing custom or trade usage as being required to produce the indicated result
will be provided whether or not specifically called for, at no additional cost to the City.
B. The Contractor shall furnish, unless otherwise provided in the Contract Documents,
all materials, implements, machinery, equipment, tools, supplies and labor
necessary to the prosecution and completion of the Project.
C. Clarifications and interpretations of the Contract Documents shall be issued by the
Engineer as provided in these General Conditions.
D. If utilities to equipment/fixtures are not shown but are necessary to operate the
equipment/fixtures, the utilities service installation is considered to be part of the
Work. The implied Work will conform to the appropriate sections of the Contract
Documents.
E. Organization of the Contract Documents into divisions, sections, and articles, and
arrangement of drawings shall not control the Contractor in dividing Work among
Subcontractors or in establishing the extent of Work to be performed by any trade.
3.3 Reference Standards.
A. Standards, Specifications, Codes, Laws, and Regulations.
1. Reference to federal specifications, federal standards, other standards,
specifications, manuals, or codes of any technical society, organization, or
association, or to Applicable Laws, whether such reference be specific or by
implication, shall mean the standard, specification, manual, code, or Applicable
Laws in effect at the time of opening of Bids (or on the Effective Date of the
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Contract if there were no Bids), except as may be otherwise specifically stated in
the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any
instruction of a Supplier, shall be effective to change the duties or responsibilities
of the City, Contractor, or any of their Subcontractors, consultants, agents, or
employees, from those set forth in the Contract Documents. No such provision or
instruction shall be effective to assign to the City, or any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors, any duty
or authority to supervise or direct the performance of the Work or any duty or
authority to undertake responsibility inconsistent with the provisions of the Contract
Documents.
3.4 Reporting and Resolving Discrepancies; Order of Precedence.
A. Reporting Discrepancies.
1. The Contract Documents are intended to be fully cooperative and complementary.
Before undertaking each part of the Work, Contractor shall carefully study and
compare the Contract Documents and check and verify pertinent figures therein
and all applicable field measurements. Contractor shall promptly report in writing
to the City any conflict, error, ambiguity, or discrepancy which Contractor
discovers, should have discovered, or has actual knowledge of, and shall obtain a
written interpretation or clarification from the City before proceeding with any Work
affected thereby. If, during the performance of the Work, Contractor discovers any
conflict, error, ambiguity, or discrepancy within the Contract Documents, or
between the Contract Documents and (i) any Applicable Law, (ii) any standard,
specification, manual, or code, or (iii) any instruction of any Supplier, then
Contractor shall promptly submit a written Request for Information (RFI) to the City.
Contractor shall not proceed with the Work affected thereby (except in an
emergency) until an amendment or supplement to the Contract Documents has
been issued by one of the methods indicated in the Contract Documents, and any
Work performed by Contractor before receipt of an amendment or supplement
shall be at Contractor’s own risk.
B. Order of Precedence.
1. In case of conflicts between the Contract Documents, the order of precedence
shall be as follows:
a. Permits from other agencies as may be required by law
b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
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g. Construction Plans and Drawings(Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest
edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications
n. Standard Drawings
o. Reference Documents
2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings
3. Notwithstanding the orders of precedence established above, in the event of
conflicts, the higher standard, higher quality and most expensive shall always
apply.
3.5 Amending and Supplementing Contract Documents.
A. The Contract Documents may be amended to provide for additions, deletions, and
revisions in the Work or to modify the terms and conditions thereof only by Change
Order or written amendment to the Contract duly executed by the parties.
B. The requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized at no cost to the City, by
one or more of the following ways:
1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request
without exception (subject to the provisions of the Contract Documents); or
2. The City’s issuance of a response to an RFI.
C. However, no review or RFI response will reduce or modify the Contractor’s obligation
to fully satisfy and comply with the requirements of the Contract Documents.
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3.6 Reuse of Documents.
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings,
Specifications, or other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer of Record or its consultants, including electronic
media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on
extensions of the Project or any other project without written consent of the City
and Engineer of Record and specific written verification or adaptation by Engineer
of Record.
B. The prohibitions of this Article will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the
Contract Documents for record purposes.
ARTICLE 4 -INDEMNIFICATION; INSURANCE
4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify and hold harmless the City, its officials,
officers, agents, employees, and representatives, and each of them from and
against:
1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses
or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited
to, injury to or death, including wrongful death, of any person, and damages to or
destruction of property of any person, arising out of, related to, or in any manner
directly or indirectly connected with the Work or this Contract, including claims
made by subcontractors for nonpayment, including without limitation the payment
of all consequential damages and attorney’s fees and other related costs and
expenses, however caused, regardless of whether the allegations are false,
fraudulent, or groundless, and regardless of any negligence of the City or its
officers, employees, or authorized volunteers (including passive negligence),
except the sole negligence or willful misconduct or active negligence of the City or
its officials, officers, employees, or authorized volunteers.
2. Contractor’s defense and indemnity obligation herein includes, but is not limited to
damages, fines, penalties, attorney’s fees and costs arising from claims under the
Americans with Disabilities Act (ADA) or other federal or state disability access or
discrimination laws arising from Contractor’s Work during the course of
construction of the improvements or after the Work is complete, as the result of
defects or negligence in Contractor’s construction of the improvements.
3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or regulation,
compliance with which is the responsibility of Contractor;
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4. Any and all losses, expenses, damages (including damages to the Work itself),
attorney’s fees, and other costs, including all costs of defense which any of them
may incur with respect to the failure, neglect, or refusal of Contractor to faithfully
perform the Work and all of Contractor’s obligations under Contract. Such costs,
expenses, and damages shall include all costs, including attorney’s fees, incurred
by the indemnified parties in any lawsuit to which they are a party.
B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, its officials, officers, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees and representatives, in any
such suit, action or other legal proceeding. Contractor shall reimburse the City, its
officials, officers, agents, employees and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. The only limitations on this provision shall be those
imposed by Civil Code section 2782.
C. The provisions of this Article shall survive the termination of this Contract howsoever
caused, and no payment, partial payment, or acceptance of occupancy in whole or
part of the Work shall waive or release any of the provisions of this Article.
4.2 Insurance
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain
all of the insurance described in this Article. Contractor shall not commence Work under this
Contract until it has provided evidence satisfactory to the City that it has secured all insurance
required hereunder. Contractor shall not allow any Subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subcontractor has
secured all insurance required under this Article. Failure to provide and maintain all required
insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall
furnish the City with original certificates of insurance and endorsements effective coverage
required by this Contract on forms satisfactory to the City. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind coverage on
its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must
be received and approved by the City before Work commences.
A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers,
employees, agents and authorized volunteers shall be named as Additional Insureds
on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies
of Commercial General Liability and Automobile Liability insurance using, for
Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20
10 and 20 37 (or endorsements providing the exact same coverage, including
completed operations), and, for subcontractors’ policies of Commercial General
Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same
coverage). Notwithstanding the minimum limits set forth in this Contract for any type
of insurance coverage, all available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
Additional Insureds hereunder. All insurance coverage maintained or procured
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pursuant to this Contract shall be endorsed to waive subrogation against the City, its
officers, officials, agents, employees or volunteers or shall specifically allow
Contractor - or others providing insurance evidence in compliance with these
specifications - to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against the City, and shall require similar written
express waivers and insurance clauses from each of its subcontractors. Copies of
these waivers shall be submitted to the City prior to commencement of work.
B. Workers’ Compensation Insurance. The Contractor shall provide workers’
compensation insurance for all of the employees engaged in Work under this
Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall
require the subcontractor similarly to provide workers’ compensation insurance for
all the latter’s employees as prescribed by State law. Any class of employee or
employees not covered by a subcontractor’s insurance shall be covered by the
Contractor’s insurance. In case any class of employees engaged in work under this
Contract, on or at the Site, is not protected under the Workers’ Compensation
Statutes, the Contractor shall provide or shall cause a subcontractor to provide,
adequate insurance coverage for the protection of such employees not otherwise
protected. The Contractor is required to secure payment of compensation to his
employees in accordance with the provisions of section 3700 of the Labor Code.
The Contractor shall file with the City certificates of his insurance protecting workers.
Company or companies providing insurance coverage shall be acceptable to the
City, if in the form and coverage as set forth in the Contract Documents.
C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability
Insurance, including Occupational Disease, in the amount of at least one million
dollars ($1,000,000.00) per person per accident. Contractor shall provide the City
with a certificate of Employer’s Liability Insurance. Such insurance shall comply with
the provisions of the Contract Documents. The policy shall be endorsed, if
applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and
contain a Waiver of Subrogation in favor of the City.
D. Commercial General Liability Insurance. Contractor shall provide “occurrence”
form Commercial General Liability insurance coverage at least as broad as the most
current ISO CGL Form 00 01, including but not limited to, premises liability,
contractual liability, products/completed operations, personal and advertising injury
which may arise from or out of Contractor’s operations, use, and management of the
Site, or the performance of its obligations hereunder. The policy shall not contain
any exclusion contrary to this Contract including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to
ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured
against another. Policy limits shall not be less than $2,000,000 per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit. Defense costs shall be
paid in addition to the limits.
1. Such policy shall comply with all the requirements of this Article. The limits set forth
herein shall apply separately to each insured against whom claims are made or
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suits are brought, except with respect to the limits of liability. Further the limits set
forth herein shall not be construed to relieve the Contractor from liability in excess
of such coverage, nor shall it limit Contractor’s indemnification obligations to the
City, and shall not preclude the City from taking such other actions available to the
City under other provisions of the Contract Documents or law.
2. All general liability policies provided pursuant to the provisions of this Article shall
comply with the provisions of the Contract Documents.
3. All general liability policies shall be written to apply to all bodily injury, including
death, property damage, personal injury, owned and non-owned equipment,
blanket contractual liability, completed operations liability, explosion, collapse,
under-ground excavation, removal of lateral support, and other covered loss,
however occasioned, occurring during the policy term, and shall specifically insure
the performance by Contractor of that part of the indemnification contained in these
General Conditions relating to liability for injury to or death of persons and damage
to property.
4. If the coverage contains one or more aggregate limits, a minimum of 50% of any
such aggregate limit must remain available at all times; if over 50% of any
aggregate limit has been paid or reserved, the City may require additional
coverage to be purchased by Contractor to restore the required limits. Contractor
may combine primary, umbrella, and as broad as possible excess liability coverage
to achieve the total limits indicated above. Any umbrella or excess liability policy
shall include the additional insured endorsement described in the Contract
Documents.
5. All policies of general liability insurance shall permit and Contractor does hereby
waive any right of subrogation which any insurer of Contractor may acquire from
Contractor by virtue of the payment of any loss.
E. Automobile Liability Insurance. Contractor shall provide Automobile Liability
Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least,
one million dollars ($1,000,000) per accident for bodily injury and property damage.
Such insurance shall provide coverage with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by Contractor or for which Contractor is responsible, in a form and with
insurance companies acceptable to the City. All policies of automobile insurance
shall permit and Contractor does hereby waive any right of subrogation which any
insurer of Contractor may acquire from Contractor by virtue of the payment of any
loss.
F. Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability
Insurance, in a form and with insurance companies acceptable to City, in the amount
of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such
insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3)
denial or loss of service, and (4) the introduction, implantation or spread of malicious
software code.
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G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work,
Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with
insurance companies acceptable to City, in the amount of, at least, one million dollars
($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily
injury and property damage.
H. Builder’s Risk [“All Risk”]
1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s
Risk [“All Risk”] extended coverage insurance on all work, material, equipment,
appliances, tools, and structures that are or will become part of the Work and
subject to loss or damage by fire, and vandalism and malicious mischief, in an
amount to cover 100% of the replacement cost. The City accepts no responsibility
for the Work until the Work is formally accepted by the City. The Contractor shall
provide a certificate evidencing this coverage before commencing performance of
the Work.
2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding
those solely responsible for design work), suppliers, and the City, its elected
officials, officers, employees, agents and authorized volunteers, as their interests
may appear. Contractor shall not be required to maintain property insurance for
any portion of the Work following acceptance by the City.
3. Policy shall be provided for replacement value on an “all risk” basis. There shall
be no coinsurance penalty provision in any such policy. Policy must include: (1)
coverage for any ensuing loss from faulty workmanship, nonconforming work,
omission or deficiency in design or specifications; (2) coverage against machinery
accidents and operational testing; (3) coverage for removal of debris, and insuring
the buildings, structures, machinery, equipment, materials, facilities, fixtures and
all other properties constituting a part of the Project; (4) transit coverage, including
ocean marine coverage (unless insured by the supplier), with sub-limits sufficient
to insure the full replacement value of any key equipment item; and (5) coverage
with sub-limits sufficient to insure the full replacement value of any property or
equipment stored either on or off the Site. Such insurance shall be on a form
acceptable to the City to ensure adequacy and sublimit.
4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any
extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit.
c. Coverage shall include Contractor’s tools and equipment.
d. Insurance shall include boiler, machinery and material hoist coverage.
I. NOT USED
J. Contractor shall require all tiers of Subcontractors working under this Contract to
provide the insurance required under this Article unless otherwise agreed to in
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writing by the City. Contractor shall make certain that any and all Subcontractors
hired by Contractor are insured in accordance with this Contract. If any
Subcontractor’s coverage does not comply with the foregoing provisions, Contractor
shall indemnify and hold the City harmless from any damage, loss, cost, or expense,
including attorneys’ fees, incurred by the City as a result thereof.
K. Notwithstanding the minimum limits set forth in this Contract for any type of
insurance coverage, if Contractor maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the City.
L. Form and Proof of Carriage of Insurance
1. Any insurance carrier providing insurance coverage required by the Contract
Documents shall be admitted to and authorized to do business in the State of
California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall
have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self -
insured retentions must be declared by the Contractor. At the election of the City
the Contractor shall either 1) reduce or eliminate such deductibles or self -insured
retentions, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses. If umbrella
or excess liability coverage is used to meet any required limit(s) specified herein,
the Contractor shall provide a “follow form” endorsement satisfactory to the City
indicating that such coverage is subject to the same terms and conditions as the
underlying liability policy.
2. Each insurance policy required by this Contract shall be endorsed to state that: (1)
coverage shall not be suspended, voided, reduced or cancelled except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City; and (2) any failure to comply with reporting or other provisions of
the policies, including breaches of warranties, shall not affect coverage provided
to the City, its officials, officers, agents, employees, and volunteers.
3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to
contain the covenant of the insurance carrier(s) that it shall provide no less than
thirty (30) days written notice be given to the City prior to any material modification
or cancellation of such insurance. In the event of a material modification or
cancellation of coverage, the City may terminate the Contract or stop the Work in
accordance with the Contract Documents, unless the City receives, prior to such
effective date, another properly executed original Certificate of Insurance and
original copies of endorsements or certified original policies, including all
endorsements and attachments thereto evidencing coverage’s set forth herein and
the insurance required herein is in full force and effect. Contractor shall not take
possession, or use the Site, or commence operations under this Contract until the
City has been furnished original Certificate(s) of Insurance and certified original
copies of endorsements or policies of insurance including all endorsements and
any and all other attachments as required in this Article. The original
endorsements for each policy and the Certificate of Insurance shall be signed by
an individual authorized by the insurance carrier to do so on its behalf.
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4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and
shall be construed as primary, and the City’s insurance and/or deductibles and/or
self-insured retentions or self-insured programs shall not be construed as
contributory.
5. The City reserves the right to adjust the monetary limits and types of insurance
coverages during the term of this Contract including any extension thereof if, in the
City’s reasonable judgment, the amount or type of insurance carried by the
Contractor becomes inadequate.
6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and
all insurance claims submitted by the Contractor in connection with the Work under
this Contract.
7. Products/completed operations coverage shall extend a minimum of three years
after the project completion. Coverage shall be included on behalf of the insured
for covered claims arising out of the actions of independent contractors. If the
insured is using subcontractors, the policy must include work performed “by or on
behalf” of the insured. Policy shall contain no language that would invalidate or
remove the insurer’s duty to defend or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically provide for a duty to defend on
the part of the insurer. The City, its officers, officials, agents employees, and
volunteers shall be included as insureds under the policy.
ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS
5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws
applicable to the performance of the Work. Except where otherwise expressly
required by Applicable Laws, neither the City nor the City’s Representative shall be
responsible for monitoring Contractor’s compliance with any Applicable Laws. If
Contractor performs any Work knowing or having reason to know that it is contrary
to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to such Work.
5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and
paid for by Contractor, including, but not limited to, excavation permit, for plumbing,
mechanical and electrical work and for operations in or over public streets or right of
way under jurisdiction of public agencies other than the City, unless otherwise
specified in the Contract Documents.
B. The Contractor shall arrange and pay for all off-site inspection of the Work related to
permits and licenses, including certification, required by the specifications, drawings,
or by governing authorities, except for such off-site inspections delineated as the
City’s responsibility pursuant to the Contract Documents.
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C. Before acceptance of the Work, the Contractor shall submit all licenses, permits,
certificates of inspection and required approvals to the City.
5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be
paid in accordance with the Applicable Laws of the place of the Project which are
applicable during the performance of the Work. In accordance with Revenue and
Taxation Code section 107.6, the Contract Documents may create a possessory
interest subject to personal property taxation for which Contractor will be
responsible.
5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic
control shall be performed at Contractor’s expense in accordance with the
requirements of the City and/or the local agency with jurisdiction. Costs for traffic
control plans, implementation of traffic control, or traffic signal services required by
the City shall be included in the Contractor’s Bid.
B. All warning signs and safety devices used by the Contractor to perform the Work
shall conform to the requirements contained in the State of California, Department
of Transportation’s current edition of “Manual of Traffic Controls for Construction and
Maintenance Work Zones” or to the requirements of the local agency. The Contractor
shall also be responsible for all traffic control required by the agency having
jurisdiction over the Project on the intersecting streets. Contractor must submit a
traffic control plan to the agency having jurisdiction over the Project for approval prior
to starting Work.
C. The Contractor’s representative on the site responsible for traffic control shall
produce evidence that he/she has completed training acceptable to the California
Department of Transportation for safety through construction zones. All of the streets
in which the Work will occur shall remain open to traffic and one lane of traffic
maintained at all times unless otherwise directed by the agency of jurisdiction.
Businesses and residences adjacent to the Work shall be notified forty-eight (48)
hours in advance of closing of driveways. The Contractor shall make every effort to
minimize the amount of public parking temporarily eliminated due to construction in
areas fronting businesses. No stockpiles of pipe or other material will be allowed in
traveled right-of-ways after working hours unless otherwise approved by the
Engineer.
5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in
connection with the Work. Such responsibility does not relieve Subcontractors of
their responsibility for the safety of persons or property in the performance of their
work, nor for compliance with applicable safety laws. Contractor shall comply with
all Applicable Laws relating to the safety of persons or property, or to the protection
of persons or property from damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners
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of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation, and replacement of their property.
B. The Contractor shall maintain emergency first aid treatment for his employees which
complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. §
651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division
1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the
availability of emergency medical services for its employees in accordance with
California Code of Regulations, Title 8, Section 1512. The Contractor shall submit
an Illness and Injury Prevention Program and a Project Site specific safety program
to the City prior to beginning Work. Contractor shall maintain a confined space
program that meets or exceeds the City’s standards. Contractor needs to make
themselves aware of the City’s safety policies and procedures, and shall meet or
exceed all City standards in areas where the City must enter to perform inspections.
C. Hazard Communication Programs. Contractor shall be responsible for coordinating
any exchange of material safety data sheets or other hazard communication
information required to be made available to or exchanged between or among
employers at the Site in accordance with Applicable Laws.
5.6 Hazardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the
Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste
onto the site in a manner not specified by the Contract Documents; and/or (ii)
disturbs a Hazardous Material identified in the Contract Documents, the Contractor
shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the
condition as soon as possible. Under no circumstance shall the Contractor perform
Work for which it is not qualified. The City, in its sole discretion, may require the
Contractor to retain at Contractor’s cost an independent testing laboratory.
B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury
or damage, Contractor shall immediately: (i) secure or otherwise isolate such
condition; (ii) stop all Work in connection with such material or substance (except in
an emergency situation); and (iii) notify the City (and promptly thereafter confirm
such notice in writing).
C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the
presence or absence of the Hazardous Waste reported by the Contractor, except as
qualified under Article 5.6(A) and Article 5.6(B) in the event such material or
substance is found to be present, verify that the levels of the hazardous material are
below OSHA Permissible Exposure Levels and below levels which would classify
the material as a state of California or federal hazardous waste. When the material
falls below such levels, Work in the affected area shall resume upon direction by the
City.
D. Contractor shall indemnify and hold harmless the City from and against claims,
damages, losses and expenses, arising from a Hazardous Waste on the Project Site,
if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels
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which would classify the material as a state of California or federal hazardous waste,
and was either i) shown on the Contract Documents or information available to
bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall
obligate the Contractor to indemnify the City in the event of the sole or active
negligence or willful misconduct of the City, its officers, agents, or employees.
5.7 Sanitary Facilities.
A. Contractor shall provide sanitary temporary toilet buildings and hand washing
facilities for the use of all workers. All toilets and hand washing facilities shall comply
with local codes and ordinances. Toilets shall be placed inside sealed secondary
containment devices installed on a flat, level surface. Accumulated liquids in the
secondary containment devices shall be properly removed and legally disposed
without spillage onto the ground. Toilets shall be kept supplied with toilet paper and
shall have workable door fasteners. Toilets and hand washing facilities shall be
serviced no less than once weekly and shall be present in a quantity of not less than
1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand
washing facilities shall be maintained in a sanitary condition at all times. Use of toilet
and hand washing facilities in the Work under construction shall not be permitted.
Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the
Contractor.
5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads,
permanent access roads, plant sites, waste disposal areas, borrow areas, and all
other work areas free from dust. Industry accepted methods of dust control suitable
for the area involved, such as sprinkling, chemical treatment, light bituminous
treatment or similar methods, will be permitted.
5.9 Air Pollution Control
A. Contractor shall comply with all air pollution control rules, regulations, ordinances
and statutes. All containers of paint, thinner, curing compound, solvent or liquid
asphalt shall be labeled to indicate that the contents fully comply with the applicable
material requirements.
B. Without limiting the foregoing, Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services,
including, but not limited to, emissions limits and permitting requirements imposed
by the Air Quality Management District with jurisdiction over the Project and/or
California Air Resources Board (CARB). Contractor shall specifically be aware of
the application of these limits and requirements to "portable equipment", which
definition includes any item of equipment with a fuel-powered engine. Contractor
shall indemnify the City against any fines or penalties imposed by the air quality
management district, CARB, or any other governmental or regulatory agency for its
violations of Applicable Laws as well as those of its subcontractors or others for
whom Contractor is responsible under its indemnity obligations provided for in the
Contract Documents.
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5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various
times during construction of the Work. The Contractor hereby acknowledges that it
has investigated the risk arising from such waters, has prepared its Bid accordingly,
and assumes any and all risks and liabilities arising therefrom.
B. Contractor shall keep itself and all subcontractors, staff, and employees fully
informed of and in compliance with all local, state and federal laws, rules and
regulations that may impact, or be implicated by the performance of the Work
including, without limitation, all applicable provisions regulating discharges of storm
water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-
14950); and any and all regulations, policies, or permits issued pursuant to any such
authority. These include, but are not limited to California State Water Resources
Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002),
as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any
subsequent amendment to or renewal thereof, State Water Resources Control
Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana
Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036),
and any amendment or renewal thereof.
C. Contractor shall comply with all conditions of the State Water Resources Control
Board (“State Water Board”) National Pollutant Discharge Elimination System
General Permit for Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activity (“Construction General Permit”) for all
construction activity which results in the disturbance of in excess of one acre of total
land area or which is part of a larger common area of development or sale.
Contractor shall comply with the lawful requirements of the City, and any other
applicable municipality, drainage district, or other local agency with jurisdiction over
the location where the Work is to be conducted, regarding discharges of storm water
to separate storm drain systems or other watercourses under their jurisdiction,
including applicable requirements in municipal storm water management programs.
D. Unless otherwise specified in the Special Conditions or other portion of the Contract
Documents, the City has not prepared a Storm Water Pollution Prevention Plan
(“SWPPP”) or other storm water compliance plan for the Project Site. Contractor
shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage
under the Construction General Permit. This includes filing all necessary
documentation including the Permit Registration Documents (“PRDs”) through the
Stormwater Multiple Applications and Report Tracking System (“SMARTS”);
preparing and implementing a SWPPP for the Work site; implementing all other
provisions, and monitoring and reporting requirements required by the Construction
General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified
SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but
not limited to preparation and submittal of all reports, plans, inspections, and
monitoring information in compliance with the Construction General Permit. All
submittals shall be coordinated with the City’s Legally Responsible Person and
Authorized Signatory as those terms are defined in the Construction General Permit.
Before any NOI, PRD, SWPPP, or other Construction General Permit-related
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document may be submitted to the State Water Board or implemented on the Project
site, it must first be reviewed and approved by the City and/or City’s designee.
Contractor shall include all costs of compliance with specified requirements in the
Contract Price.
E. The City retains the right to develop its own documentation for the Project site,
including but not limited to the SWPPP, and in the alternative may require Contractor
to adopt and implement portions of the City developed SWPPP. The City expressly
reserves the right to procure coverage under the Construction General Permit for
the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise
fails to proceed in a manner that complies with the requirements of the Construction
General Permit. The City additionally reserves the right to hire additional contractors
to maintain compliance at the Work site. Whether Contractor has adequately
maintained compliance with the Construction General Permit shall be the City’s sole
determination. Any costs incurred by the City in procuring coverage under the
Construction General Permit, or drafting and/or implementing a SWPPP for the Work
site shall be paid by Contractor.
F. Notwithstanding the above, for those Work sites where construction activity results
in the disturbance of less than one acre of total land area and/or do not need
coverage under the Construction General Permit, the Contractor shall be
responsible for preparing and implementing an Erosion and Sediment Control Plan
in accordance with State Water Resources Control Board Order No. 2013-0001-
DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.
G. Failure to comply with the Construction General Permit, laws, regulations, and
ordinances listed in this Article is a violation of federal and state law.
Notwithstanding any other indemnity contained in these Contract Documents,
Contractor agrees to indemnify and hold harmless the City, its officials, officers,
agents, employees and authorized volunteers from and against any and all claims,
demands, fees, costs, expenses, or losses or liabilities of any kind or nature which
the City, its officials, officers, agents, employees and authorized volunteers may
sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances
listed above, arising out of or in connection with the Work, except for liability resulting
from the sole established negligence, willful misconduct or active negligence of the
City, its officials, officers, agents, employees or authorized volunteers.
H. The City reserves the right to defend any enforcement action or civil action brought
against the City for Contractor’s failure to comply with any applicable water quality
law, regulation, or policy. Contractor hereby agrees to be bound by, and to
reimburse the City for the costs associated with, any settlement reached between
the City and any relevant enforcement entity.
5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable federal, state, and
local environmental rules and regulations. Any infractions of said rules and
regulations by the Contractor during the term of the Contract, which result in
penalties, will be the responsibility of the Contractor. The City operates under a
number of environmental permits issued by various agencies. If due to an action,
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inaction, or negligence by the Contractor, the City becomes subject to non-
compliance penalties, the cost of such penalties shall be borne by the Contractor.
B. The Contractor shall exercise care to preserve the natural landscape and
vegetation, and shall conduct operations so as to prevent unnecessary destruction,
scarring, or defacing of the natural surroundings in the vicinity of the Work.
Movement of crews and equipment within the rights-of-way and over routes provided
for access to the Work shall be performed in a manner to prevent damage to
property. When no longer required, construction roads shall be restored to original
contours. Upon completion of the Work, and following removal of construction
facilities and required cleanup, land used for construction purposes and not required
for the completed installation shall be scarified and regraded, as required, so that all
surfaces are left in a condition that will facilitate natural revegetation, provide for
proper drainage, and prevent erosion.
C. If, in the performance of the Work, evidence of the possible occurrence of any
Federally listed threatened or endangered plant or animal is discovered, the
Contractor shall notify the City Representative immediately, giving the location and
nature of the findings. Written confirmation of the evidence, location and nature of
the findings shall be forwarded to City within two (2) Days. The Contractor shall
immediately cease all construction activities in the immediate area of the discovery
to the extent necessary to protect the endangered plant or animal. If directed by the
City Representative, Contractor will refrain from working in the immediate area,
suspend the Work in its entirety, or alter its performance to ensure full compliance
with all applicable permits, laws and regulations. Any City directed changes to the
Work as a result of a siting will be pursuant to the Contract Documents. Any costs
or delays incurred by City or the Contractor due to unreasonable or false notification
of an endangered plant or animal will be borne by the Contractor.
D. If, in the performance of the Work, Contractor should unearth cultural resources (for
example, human remains, animal bones, stone tools, artifacts and/or midden
deposits) through excavation, grading, watering or other means, the Contractor shall
notify the construction/archeological monitor and/or the City Representative
immediately, giving the location and nature of the findings. Written confirmation of
the evidence, location and nature of the findings shall be forwarded to the
construction/archeological monitor and/or City within two (2) Days. The Contractor
shall immediately cease all construction activities in the immediate area of the
discovery to the extent necessary to protect the cultural resource. If directed by the
City Representative, Contractor will refrain from working in the immediate area,
suspend the Work in its entirety, or re-sequence and/or alter its performance to
ensure full compliance with all applicable permits, laws and regulations. Should the
presence of cultural resources be confirmed, the Contractor will assist the City
Representative and the construction/archeological monitor in the preparation and
implementation of a data recovery plan. The Contractor shall provide such
cooperation and assistance as may be necessary to preserve the cultural resources
for removal or other disposition. Any City directed changes to the Work as a result
of the cultural resource will be pursuant to the Contract Documents. Should
Contractor, without permission, injure, destroy, excavate, appropriate, or remove
any cultural resource on or adjacent to the Site, it will be subject to disciplinary action,
arrest and penalty under applicable law. The Contractor shall be principally
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responsible for all costs of mitigation and/or restoration of cultural resources related
to the unauthorized actions identified above. Contractor shall be required to pay for
unauthorized damage and mitigation costs to cultural resources (historical and
archeological resources) as a result of unauthorized activities that damage cultural
resources and shall indemnify City pursuant to the Contract Documents.
5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so
that the emission of sound therefrom is within the noise tolerance level of that
equipment as established by Cal/OSHA. Contractor shall comply with the most
restrictive of the following: (1) local sound control and noise level rules, regulations
and ordinances and (2) the requirements contained in these Contract Documents,
including hours of operation requirements.
B. No internal combustion engine shall be operated on the Project without a muffler of
the type recommended by the manufacturer. Should any muffler or other control
device sustain damage or be determined to be ineffective or defective, the
Contractor shall promptly remove the equipment and shall not return said equipment
to the job until the device is repaired or replaced. Said noise and vibration level
requirements shall apply to all equipment on the job or related to the job, including
but not limited to, trucks, transit mixers or transit equipment that may or may not be
owned by the Contractor.
5.13 Diversion of Recyclable Waste Material
A. In compliance with the applicable City’s waste reduction and recycling efforts,
Contractor shall divert all Recyclable Waste Materials to appropriate recycling
centers as required for compliance with the local jurisdiction’s waste diversion
ordinances. Contractor will be required to submit weight tickets and written proof of
diversion with its monthly progress payment requests. Contractor shall complete
and execute any certification forms required by the City or other applicable agencies
to document Contractor’s compliance with these diversion requirements. All costs
incurred for these waste diversion efforts shall be the responsibility of the Contractor.
5.14 Inspector’s Field Office.
A. If required by the City, the Contractor shall be responsible for providing the
inspector’s field office. The office shall be a substantial waterproof construction with
adequate natural light and ventilation by means of stock design windows. Door shall
have a key type lock or padlock clasp. The office shall have heating and air
conditioning and shall be equipped with a telephone, a telephone answering
machine, an ability to connect to the internet, and a fax machine at Contractor’s
expense. The field office shall be provided within 20 Days of the Notice to Proceed.
B. A table satisfactory for the study of plans and two chairs shall be provided by
Contractor. Contractor shall provide and pay for adequate electric lights, local
telephone service, and adequate heat and air conditioning for the field office until
authorized removal.
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5.15 Contractor’s Supervision.
A. Contractor shall continuously keep at the Project site, a competent and experienced
full-time Project superintendent acceptable to the City. Superintendent must be able
to proficiently speak, read and write in English and shall have the authority to make
decisions on behalf of the Contractor. Contractor shall continuously provide efficient
supervision of the Project.
5.16 Workers.
A. Contractor shall at all times enforce strict discipline and good order among its
employees. Contractor shall not employ on the Project any unfit person or any one
not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent
or unfit shall be dismissed from the Work and shall not be employed on this Project.
5.17 Independent Contractors.
A. Contractor shall be an independent contractor for the City and not an employee.
Contractor understands and agrees that it and all of its employees shall not be
considered officers, employees, or agents of the City and are not entitled to benefits
of any kind normally provided employees of the City, including but not limited to,
state unemployment compensation or workers’ compensation. Contractor assumes
full responsibility for the acts and omissions of its employees or agents related to the
Work.
5.18 Verification of Employment Eligibility.
A. By executing the Contract, Contractor verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time, and shall require all
subcontractors, sub-subcontractors and consultants to comply with the same. Each
person executing this Contract on behalf of Contractor verifies that he or she is a
duly authorized officer of Contractor and that any of the following shall be grounds
for the City to terminate the Contract for cause: (1) failure of the Contractor or its
Subcontractors, sub-subcontractors or consultants to meet any of the requirements
provided for in this Article; (2) any misrepresentation or material omission concerning
compliance with such requirements; or (3) failure to immediately remove from the
Work any person found not to be in compliance with such requirements.
5.19 Labor.
A. Hours of Work
1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division
2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall
constitute a legal day’s work. The time of service of any worker employed at any
time by the Contractor or by any subcontractor on any subcontract under this
Contract upon the Work or upon any part of the Work contemplated by this
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Contract is limited and restricted to eight (8) hours during any one calendar day
and 40 hours during any one calendar week, except as hereinafter provided.
Notwithstanding the provisions herein above set forth, work performed by
employees of Contractor in excess of eight (8) hours per day, and 40 hours during
any one week, shall be permitted upon this public work upon compensation for all
hours worked in excess of eight (8) hours per day at not less than one and one-
half times the basic rate of pay.
2. The Contractor and every Subcontractor shall keep an accurate record showing
the name of and actual hours worked each calendar day and each calendar week
by each worker employed in connection with the Work or any part of the Work
contemplated by this Contract. The record shall be kept open at all reasonable
hours to the inspection of the City and to the Division of Labor Law Enforcement,
Department of Industrial Relations of the State of California.
3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for
each worker employed in the execution of this Contract by the Contractor or by
any subcontractor for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and 40 hours in
any one calendar week in violation of the provisions of Article 3 (commencing at
section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
4. Any work necessary to be performed after regular working hours, or on Saturdays
and Sundays or other holidays, shall be performed without additional expense to
the City.
5. If Contractor gives notice of an inspection pursuant to the Contract Documents,
the City will provide inspection during normal working hours from 7:00 a.m. to 3:30
p.m. Monday through Friday. Requested inspections before or after this time will
be charged to the Contractor as reimbursable inspection time. Inspections on
weekends requires two (2) Days’ notice for review and approval. Upon written
request and approval the 8.5 hour working day may be changed to other limits
subject to city/county ordinance.
6. It shall be unlawful for any person to operate, permit, use, or cause to operate any
of the following at the Project Site, other than between the hours of 7:00 a.m. to
5:00 p.m., Monday through Friday, with no Work allowed on City-observed
Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance
1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall
maintain weekly certified payroll records, showing the names, addresses, Social
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Security numbers, work classifications, straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by them in connection with the
Work under this Contract. Contractor shall certify under penalty of perjury that
records maintained and submitted by Contractor are true and accurate. Contractor
shall also require Subcontractor(s) to certify weekly payroll records under penalty
of perjury.
2. In accordance with Labor Code section 1771.4, the Contractor and each
Subcontractor shall furnish the certified payroll records directly to the Department
of Industrial Relations (“DIR”) on the specified interval and format prescribed by
the DIR, which may include electronic submission. Contractor shall comply with
all requirements and regulations from the DIR relating to labor compliance
monitoring and enforcement. The requirement to submit certified payroll records
directly to the Labor Commissioner under Labor Code section 1771.4 shall not
apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Section 1771.4.
3. Any stop orders issued by the DIR against Contractor or any Subcontractor that
affect Contractor’s performance of Work, including any delay, shall be Contractor’s
sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay subject to any applicable liquidated
damages and shall not be compensable by the City. Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR
against Contractor or any Subcontractor.
4. The payroll records described herein shall be certified and submitted by the
Contractor at a time designated by the City. The Contractor shall also provide the
following:
a. A certified copy of the employee’s payroll records shall be made available for
inspection or furnished to such employee or his or her authorized representative
on request.
b. A certified copy of all payroll records described herein shall be made available
for inspection or furnished upon request of the DIR.
5. Unless submitted electronically, the certified payroll records shall be on forms
provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or
shall contain the same information as the forms provided by the DLSE.
6. Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency, the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement shall be marked or
obliterated in such a manner as to prevent disclosure of an individual's name,
address and social security number. The name and address of the Contractor
awarded the Contract or performing the Contract shall not be marked or
obliterated.
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7. In the event of noncompliance with the requirements of this Article, the Contractor
shall have ten (10) Days in which to comply subsequent to receipt of written notice
specifying in what respects the Contractor must comply with this Article. Should
noncompliance still be evident after such 10-day period, the Contractor shall pay
a penalty of one hundred dollars ($100.00) to the City for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the
request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, such penalties shall be withheld from progress payment
then due.
8. The responsibility for compliance with this Article shall rest upon the Contractor.
C. Prevailing Rates of Wages
1. Prime construction contracts in excess of $2,000 must comply with the Davis-
Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”).
In accordance with the statute, Contractor is required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, Contractor is required
to pay wages not less than once a week. A copy of the current prevailing wage
determination issued by the Department of Labor will be placed in the solicitation
by the City. The decision to award a contract or subcontract is conditioned upon
the acceptance of the wage determination. The City will report all suspected or
reported violations to the Federal Awarding Agency.
Contractor must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”). The Act provides
that each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled. The City
will report all suspected or reported violations to the Federal Awarding Agency.
2. The Contractor is aware of the requirements of Labor Code sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000
et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage
rates and the performance of other requirements on certain “public works” and
“maintenance” projects. Since this Project involves an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. This is a federally assisted construction contract. Federal
labor standards provisions outlined in the HUD-4010 form, including the prevailing
wage requirements of the Davis-Bacon and Related Acts (DBRA), will be enforced.
The applicable Federal wage decision is the one in effect ten (10) days prior to bid
opening; it is included in these specifications and is available online at
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https://sam.gov/content/wage-determinations. In the event of a conflict between
the Federal and State wage rates, the higher of the two will prevail. The State
wage rates are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm.
Lower State wage rates for work classifications not specifically included in the
Federal wage decision are not acceptable. Contractor shall make copies of the
prevailing rates of per diem wages for each craft, classification, or type of worker
needed to perform work on the Project available to interested parties upon request,
and shall post copies at the Contractor’s principal place of business and at the
Project site. Contractor shall defend, indemnify and hold the City, its officials,
officers, employees and authorized volunteers free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or allege failure to
comply with the Prevailing Wage Laws.
3. The Contractor shall forfeit as a penalty to the City not more than Two Hundred
Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or
portion thereof, for each worker paid less than the prevailing wage rate as
determined by the Director of the DIR for such work or craft in which such worker
is employed for any public work done under the Contract by it or by any
Subcontractor under it. The difference between such prevailing wage rate and the
amount paid to each worker for each calendar day or portion thereof, for which
each worker was paid less than the prevailing wage rate, shall be paid to each
worker by the Contractor.
4. Contractor shall post, at appropriate conspicuous points on the Project Site, a
schedule showing all determined general prevailing wage rates and all authorized
deductions, if any, from unpaid wages actually earned.
D. Public Works Contractor Registration
1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its
Subcontractors must be registered with the DIR prior to the execution of a contract
to perform public works. By entering into this Contract, Contractor represents that
it is aware of the registration requirement and is currently registered with the DIR.
Contractor shall maintain a current registration for the duration of the Project.
Contractor shall further include the requirements of Labor Code sections 1725.5
and 1771.1 in any subcontract and ensure that all Subcontractors are registered
at the time this Contract is entered into and maintain registration for the duration
of the Project. Notwithstanding the foregoing, the contractor registration
requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not
apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
E. Employment of Apprentices
1. Contractor and all Subcontractors shall comply with the requirements of Labor
Code sections 1777.5 and 1777.6 in the employment of apprentices.
2. Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex officio
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the Administrator of Apprenticeship, San Francisco, California, or from the Division
of Apprenticeship Standards and its branch offices.
3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to
exceed one hundred dollars ($100.00) for each calendar day of non-compliance
pursuant to Labor Code section 1777.7.
F. Nondiscrimination/Equal Employment Opportunity
1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the
Contractor and its Subcontractors shall not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, or any other classifications protected by law on this
Project. The Contractor will take affirmative action to insure that employees are
treated during employment or training without regard to their race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, or any other classifications
protected by law.
G. Debarment of Contractors and Subcontractors
1. Contractors or Subcontractors may not perform work on a public works project with
a subcontractor who is ineligible to perform work on a public project pursuant to
Labor Code section 1777.1 or 1777.7. Any contract on a public works project
entered into between a contractor and a debarred subcontractor is void as a matter
of law. A debarred subcontractor may not receive any public money for performing
work as a subcontractor on a public works contract. Any public money that is paid,
or may have been paid to a debarred subcontractor by a contractor on the project
shall be returned to the City. The Contractor shall be responsible for the payment
of wages to workers of a debarred subcontractor who has been allowed to work
on the Project.
5.20 Subcontracts.
A. Contractor agrees to bind every Subcontractor to the terms of the Contract
Documents as far as such terms are applicable to Subcontractor’s portion of the
Work. Contractor shall be as fully responsible to the City for the acts and omissions
of its subcontractors and of persons either directly or indirectly employed by its
subcontractors, as Contractor is for acts and omissions of persons directly employed
by Contractor. Nothing contained in these Contract Documents shall create any
contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City’s acceptance of
any Subcontractor under this Contract shall not in any way relieve Contractor of its
obligations in the Contract Documents.
C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must
comply with the requirements of the Subletting and Subcontracting Fair Practices
Act pursuant to California Public Contract Code section 4100 et seq.
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5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly
and at other times as requested by Engineer or as required by progress of the Work.
The Contractor, City, and all Subcontractors active on the Site shall attend each
meeting. Contractor may at its discretion request attendance by representatives of
its Suppliers, manufacturers, and other Subcontractors. The City will preside at the
progress meetings and will arrange for keeping and distributing the minutes. The
purpose of the meetings is to review the progress of the Work, maintain coordination
of efforts, discuss changes in scheduling, and resolve other problems which may
develop. During each meeting, the Contractor shall present any issues which may
impact its progress with a view to resolve these issues expeditiously.
5.22 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless
otherwise specified in the Contract Documents), Contractor will prepare and deliver
a Schedule of Submittals to the City that has been fully integrated with the progress
schedule and identifies each Submittal required by the Contract Documents as well
as the date on which Contractor will deliver each Submittal to the City. Each
Submittal must be delivered to the City at least thirty (30) Days prior to the date the
material or equipment is scheduled to be incorporated into the Work. The Contractor
is responsible for any schedule delays resulting from the Submittal process.
B. Submittal Procedures.
1. Contractor will follow the following procedures for each Submittal, Shop Drawing
and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised
Submittals with original number and sequential alphabetic suffix.
c. Each Submittal will identify the Project, Contractor, Subcontractor and
Supplier, pertinent Drawing and detail number, and Specification Section
number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved
each Submittal, verified products required, field dimensions, adjacent
construction Work, and that coordination of information is according to
requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations
that may differ and/or be detrimental to successful performance of completed
Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address
the City’s comments and resubmit. Contractor shall identify changes made
since previous submission.
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g. The City’s review of Shop Drawings shall not relieve Contractor from
responsibility for deviations from the Contract Documents unless Contractor
has, in writing, called the City’s attention to such deviations at time of
submission and the City has taken no exception to the deviation. The City’s
review of Shop Drawings shall not relieve Contractor from responsibility for
errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City
will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from
incomplete Submittals are not the responsibility of the City.
j. Contractor shall not be entitled to any extension of the Contract Times as a
result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals
unless otherwise specified in the Contract Documents.
2. Where a Submittal, Shop Drawing or Sample is required by the Contract
Documents or the Schedule of Submittals, any related Work performed prior to the
City review and approval of the pertinent submittal will be performed at the sole
risk and expense and responsibility of Contractor.
C. Schedule Milestone for Submittals. Contractor must submit all Submittals required
by the Contract Documents in accordance with the Schedule of Submittals. If
Contractor fails to submit the Submittals in accordance with the Schedule of
Submittals, Contractor will be solely liable for any delays or impacts caused by the
delayed Submittal, whether direct or indirect. Contractor will be liable for the time
calculated from the date the Submittal is due until the date a compliant Submittal is
made. A compliant Submittal will be one that is complete and satisfies the
requirements of the Contract Documents.
5.23 Shop Drawings and Sample Submittal Procedures.
A. Before submitting each Shop Drawing or Sample, Contractor shall have:
1. Reviewed and coordinated each Shop Drawing or Sample with other Shop
Drawings and Samples and with the requirements of the Work and the Contract
Documents;
2. Determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog
numbers, and similar information with respect thereto;
3. Determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and
installation pertaining to the performance of the Work; and
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4. Determined and verified all information relative to Contractor’s responsibilities for
means, methods, techniques, sequences, and procedures of construction, and
safety precautions and programs incident thereto.
B. With each Submittal, Contractor shall give the City specific written notice of any
variations that the Shop Drawing or Sample may have from the requirements of the
Contract Documents. This notice shall be both a written communication separate
from the Shop Drawings or Sample Submittal and, in addition, a specific notation
made on each Shop Drawing or Sample submitted to the City for review and
approval of each such variation.
C. Shop Drawings.
1. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data
to show the City the services, materials, and equipment Contractor proposes to
provide and to enable the City to review the information for assessing conformance
with information given and design concept expressed in Contract Documents.
2. When required by individual Specification sections, provide Shop Drawings signed
and sealed by a professional engineer responsible for designing components
shown on Shop Drawings. Shop Drawings must include signed and sealed
calculations to support design in a form suitable for submission to and approval by
authorities having jurisdiction.
3. Shop Drawings for steel structures shall consist of shop details, erection and other
working Drawings showing details, dimensions, sizes of members and other
information necessary for the complete fabrication and erection of the metal work.
4. Shop Drawings of concrete structures shall consist of such detailed drawings as
may reasonably be required for the successful prosecution of the Work and which
are not included in the Drawings furnished by the Engineer. These may include
drawings for false work, bracing, centering and form work, masonry layout
diagrams, and diagrams for bent reinforcement.
5. Contractor shall make revisions and provide additional information when required
by authorities having jurisdiction.
D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such
as catalog numbers, the use for which intended and other data as required to enable
the City to review the submittal for assessing conformance with information given
and design concept expressed in Contract Documents. Samples should be of
appropriate size and detail to assess functional, aesthetic, color, texture, patterns
and finish selection.
E. City’s Review.
1. The City will review Shop Drawings and Samples in accordance with the Schedule
of Submittals. The City’s review and acceptance will be only to determine if the
items covered by the Submittals will, after installation or incorporation in the Work,
conform to the information given in the Contract Documents and be compatible
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with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents.
2. The City review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction (except where a particular means,
method, technique, sequence, or procedure of construction is specifically and
expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item functions.
3. The City’s review and acceptance shall not relieve Contractor from responsibility
for any variation from the requirements of the Contract Documents unless the City
has given written approval of each such variation by specific written notation
thereof incorporated in or accompanying the Shop Drawing or Sample.
F. Resubmittal Procedures. Contractor shall make corrections required by the City and
shall return corrected Shop Drawings and submit, as required, new Samples for
review and approval. Contractor shall direct specific attention in writing to revisions
other than the corrections called for by the City on previous Submittals.
5.24 Record (“As-Built”) Drawings.
A. The Contractor shall maintain one record set of Contract Documents at the Site or
digitally in an acceptable format. On these, it shall mark all Project conditions,
locations, configurations, and any other changes or deviations which may vary from
the information represented in the original Contract Documents, including buried or
concealed construction and utility features which are revealed during the course of
construction. Special attention shall be given to recording the horizontal and vertical
location of all buried utilities that differ from the locations indicated, or which were
not indicated on the Drawings. For all Projects involving the installation of any
pipeline, Contractor shall survey and record the top of the pipe at a minimum of every
100 linear feet, and at each bend, recording both the horizontal and vertical
locations. Said Drawings shall be supplemented by any detailed sketches as
necessary or directed to fully indicate the Work as actually constructed. Any required
as-built drawings of civil engineering elements of the Work shall be prepared by a
registered civil engineer.
B. These master Record Drawings of the as-built conditions, including all revisions
made necessary by Addenda and Change Orders, shall be maintained up-to-date
during the progress of the Project. Red ink shall be used for alterations and notes.
Notes shall identify relevant Change Orders by number and date. Record Drawings
shall be accessible to the Engineer at all times during the construction period.
Failure on the Contractor’s part to keep Record Drawings current could result in
withholding partial payment.
C. Upon completion of the Project and as a condition of final acceptance, the Contractor
shall finalize and deliver a complete set of Record Drawings to the Engineers. The
information submitted by the Contractor will be assumed to be correct, and the
Contractor shall be responsible for, and liable to the City, for the accuracy of such
information, and for any errors or omissions which may or may not appear on the
Record Drawings.
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D. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete the Record Drawings shall be included in
Contractor’s bid and distributed in the Bid Schedule. No additional compensation
shall be made to the Contractor for this Work.
5.25 Layout and Field Engineering.
A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys
required for the control and completion of the Work, and all necessary surveys to
compute quantities of Work performed.
5.26 Separate Contracts and Cooperation.
A. Separate Contracts. The City reserves the right to let other contracts in connection
with this Work or on the Project site. Contractor shall permit other contractors
reasonable access and storage of their materials and execution of their work and
shall properly connect and coordinate its Work with theirs. To ensure proper
execution of its subsequent Work, Contractor shall immediately inspect work already
in place and shall at once report to the Engineer any problems with the Work in place
or discrepancies with the Contract Documents.
B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the
Project and nature of any other contracts that have been or may be awarded by the
City in prosecution of the Project to the end that Contractor may perform this
Contract in the light of such other contracts, if any. Nothing herein contained shall
be interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other
contractor working on the Project. If simultaneous execution of any contract for the
Project is likely to cause interference with performance of some other contract or
contracts, the Engineer shall decide which Contractor shall cease Work temporarily
and which contractor shall continue or whether work can be coordinated so that
contractors may proceed simultaneously. The City shall not be responsible for any
damages suffered or for extra costs incurred by Contractor resulting directly or
indirectly from award, performance, or attempted performance of any other contract
or contracts on the Project Site.
5.27 Work Site.
A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of-
entry for the Work will be provided by the City. Unless otherwise specified in the
Special Provisions, the Contractor shall make arrangements, pay for, and assume
all responsibility for acquiring, using, and disposing of additional work areas and
facilities temporarily required. The Contractor shall indemnify and hold the City
harmless from all claims for damages caused by such actions. Contractor shall
confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Applicable Laws, and
shall not unreasonably encumber the Site and other areas with construction
equipment or other materials or equipment. Contractor shall assume full
responsibility for any damage to any such land or area, or to City or occupant thereof,
or of any adjacent land or areas resulting from the performance of the Work.
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B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site
and other areas free from accumulations of waste materials, rubbish, and other
debris. Removal and disposal of such waste materials, rubbish, and other debris
shall conform to Applicable Laws. The Contractor shall furnish trash bins for all
debris from construction. All debris shall be placed in trash bins daily. Forms and
false-work that are to be re-used shall be stacked neatly concurrently with their
removal. Forms and false-work that are not to be re-used shall be disposed of
concurrently with their removal.
C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make
it ready for utilization by the City. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery,
and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.
5.28 Utility Usage.
A. All temporary utilities, including but not limited to electricity, water, gas, and
telephone, used on the Work shall be furnished and paid for by Contractor.
Contractor shall provide necessary temporary distribution systems, including meters,
if necessary, from distribution points to points on the Work where the utility is
needed. Upon completion of the Work, Contractor shall remove all temporary
distribution systems. Contractor shall provide necessary and adequate utilities and
pay all costs for water, electricity, gas, oil, and sewer charges required for completion
of the Work, including but not limited to startup and testing required in the Contract
Documents. All permanent meters installed shall be listed in the Contractor’s name
until the Work is accepted. For Work to be performed in existing City facilities,
Contractor may use the City’s existing utilities, provided such use is reasonable
under the circumstances. If Contractor uses the City utilities, it will not need to
compensate the City for reasonably consumption of utilities, but Contractor will be
responsible for any excessive, unreasonable or wasteful utility usage. Amounts due
the City under this section may be deducted from progress payments.
5.29 Protection of Work and Property.
A. The Contractor shall digitally record video and take photographs of the Project site
and adjacent improvements in a manner and quality that clearly depicts the existing
condition of the Project Site and adjacent improvements immediately prior to the
start of Work (minimum 1080p video and 4MP photo). All videos and photographs
shall be date and time stamped. The Contractor shall submit the video and photos
in digital format on a memory stick before the commencement of Work, along with a
map outlining the route and locations of the videos and/or photographs. The
Contractor shall be responsible for all damages to persons or property that occur as
a result of the Work. Contractor shall be responsible for the proper care and
protection of all materials delivered and Work performed until completion and final
acceptance by the City. All Work shall be solely at the Contractor’s risk.
B. Contractor shall adequately protect adjacent property from settlement or loss of
lateral support as necessary. Contractor shall comply with all applicable safety laws
and building codes to prevent accidents or injury to persons on, about, or adjacent
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to the Project site where Work is being performed. Contractor shall erect and
properly maintain at all times, as required by field conditions and progress of work,
all necessary safeguards, signs, barriers, lights, and watchmen for protection of
workers and the public, and shall post danger signs warning against hazards created
in the course of construction.
C. Contractor shall provide such heat, covering, and enclosures as are necessary to
protect all Work, materials, equipment, appliances, and tools against damage by
weather conditions.
D. Contractor shall take adequate precautions to protect existing sidewalks, curbs,
pavements, utilities, and other adjoining property and structures, and to avoid
damage thereto, and Contractor shall repair any damage thereto caused by the Work
operations. Contractor shall:
1. Enclose the working area with a substantial barricade, and arrange work to cause
minimum amount of inconvenience and danger to the public.
2. Provide substantial barricades around any shrubs or trees indicated to be
preserved.
3. Deliver materials to the Site over a route designated by the City.
4. Provide any and all dust control required and follow the applicable air quality
regulations as appropriate. If the Contractor does not comply immediately with a
notice from the City or a public agency responsible for air quality, the City shall
have the authority to provide dust control and deduct the cost from payments to
the Contractor.
5. Confine Contractor’s apparatus, the storage of materials, and the operations of its
workers to limits required by law, ordinances, permits, or directions of the City.
Contractor shall not unreasonably encumber the Site with its materials.
6. Take care to prevent disturbing or covering any survey markers, monuments, or
other devices marking property boundaries or corners. If such markers are
disturbed by accident, they shall be replaced by a civil engineer or land surveyor
acceptable to the City, at no cost to the City.
7. Ensure that existing facilities, fences and other structures are all adequately
protected and that, upon completion of all Work, all facilities that may have been
damaged are restored to a condition acceptable to the City.
8. Preserve and protect from injury all buildings, pole lines and all directional, warning
and mileage signs that have been placed within the right-of-way.
9. At the completion of work each day, leave the Work and the Site in a clean, safe
condition.
10. Comply with any stage construction and/or traffic handling plans. Access to
residences and businesses shall be maintained at all times, except with the City’s
written approval. Any request for approval to reduce or restrict access to
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residences and business must be submitted to the City at least seven (7) Days in
advance, and the City may issue or withhold approval in its sole discretion.
E. These precautionary measures will apply continuously and not be limited to normal
working hours. Full compensation for the work involved in the protection and
preservation of life, safety and property as above specified shall be considered as
included in the prices paid for the various contract items of Work, and no additional
allowance will be made therefor.
F. Should damage to persons or property occur as a result of the Work, Contractor shall
promptly notify the City, in writing. Contractor shall be responsible for proper
investigation, documentation, including video or photography, to adequately
memorialize and make a record of what transpired. The City shall be entitled to
inspect and copy any such documentation, video, or photographs.
G. Contractor shall maintain all investigation documentation including video and/or
photographs for a minimum of four (4) years following completion of the Project.
5.30 Emergencies.
A. In emergencies affecting the safety or protection of persons or the Work or Property
at the Site or adjacent thereto, the Contractor, without special instruction or
authorization from the City or the Engineer, is obligated to act to prevent threatened
damage, injury or loss. The Contractor shall give the Engineer prompt written notice
if the Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
ARTICLE 6 -MATERIALS; INSPECTION
6.1 Access to Work.
A. The City, Engineer, their consultants and other representatives and personnel,
independent testing laboratories, and governmental agencies with jurisdictional
interests will have access to the Site and the Work at reasonable times for their
observation, inspection, and testing. Contractor shall provide them proper and safe
conditions for such access and advise them of Contractor’s safety procedures and
programs.
6.2 Materials.
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall
provide and pay for all materials, labor, tools, equipment, water, lights, power,
transportation, superintendence, temporary constructions of every nature, and all
other services and facilities whatsoever necessary to execute and complete this
Contract within the Contract Time. Unless otherwise specified, all materials, parts,
and equipment furnished by the Contractor in the Work shall be new, the best of their
respective kinds and grades as noted and/or specified, and workmanship shall be of
good quality.
B. No materials, supplies, or equipment for Work under this Contract shall be
purchased subject to any chattel mortgage or under a conditional sale or other
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agreement by which an interest therein or in any part thereof is retained by the seller
or supplier. Contractor warrants good title to all material, supplies, and equipment
installed or incorporated in the Work and agrees upon completion of all work to
deliver the Project, to the City free from any claims, liens, or charges.
C. Materials shall be furnished in ample quantities and at such times as to ensure
uninterrupted progress of the Work and shall be stored properly and protected as
required by the Contract Documents. Contractor shall be entirely responsible for
damage or loss by weather or other causes to materials or Work. Materials shall be
stored on the Project Site in such manner so as not to interfere with any operations
of the City or any independent contractor.
D. Contractor shall verify all measurements, dimensions, elevations, and quantities
before ordering any materials or performing any Work, and the City shall not be liable
for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item
overruns and underruns in accordance with the Contract Documents, no additional
compensation, over and above payment for the actual quantities at the prices set
out in the Bid Schedule, will be allowed because of differences between actual
measurements, dimension, elevations and quantities and those indicated on the
Plans and in the Specifications. Any difference therein shall be submitted to the
Engineer for consideration before proceeding with the Work.
6.3 Test and Inspections.
A. Inspection and Testing of Work and Materials
1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or
public authority requires any part of the Work to be tested or approved, Contractor
shall provide the Engineer at least two (2) working days’ notice of its readiness for
observation or inspection. If inspection is by a public authority other than the City,
Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and inspection shall be paid by the City. Costs of tests for
Work found not to be in compliance shall be paid by the Contractor.
2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials
testing technician that was called for by the Contractor but ultimately the Contractor
work was not ready for the inspection. Any such costs shall be deducted from any
amounts due to the Contractor.
3. If any Work is done or covered up without the required testing or approval, the
Contractor shall uncover or deconstruct the Work, and the Work shall be redone
after completion of the testing at the Contractor’s cost in compliance with the
Contract Documents.
4. Where inspection and testing are to be conducted by an independent laboratory
or agency, materials or samples of materials to be inspected or tested shall be
selected by such laboratory or agency, or by the City, and not by Contractor.
Unless otherwise stated and as provided by the Contract Documents, the City shall
employ and pay for the services of an independent testing laboratory to perform
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all inspections, tests, or approvals required by the Contract Documents. All tests
or inspections of materials shall be made in accordance with the commonly
recognized standards of national organizations.
5. Reexamination of Work may be ordered by the City. If so ordered, Work must be
uncovered or deconstructed by Contractor. If Work is found to be in accordance
with the Contract Documents, the City shall pay the costs of reexamination and
reconstruction. If such work is found not to be in accordance with the Contract
Documents, Contractor shall pay all costs.
B. Testing of Materials
1. In advance of manufacture of materials to be supplied by Contractor which must
be tested or inspected, Contractor shall notify the City so that the City may arrange
for testing at the source of supply. Any materials which have not satisfactorily
passed such testing and inspection shall not be incorporated into the Work.
2. If the manufacture of materials to be inspected or tested will occur in a plant or
location greater than sixty (60) miles from the City, the Contractor shall pay for any
excessive or unusual costs associated with such testing or inspection, including
but not limited to excessive travel time, standby time and required lodging.
3. Unless otherwise specified in the Special Provisions, all initial testing and a
reasonable amount of retesting will be performed under the direction of the
Engineer, and at no expense to the Contractor. The Contractor shall notify the
Engineer in writing, at least 15 days in advance, of its intention to use materials for
which tests are specified, to allow sufficient time to perform the tests. The notice
shall name the proposed supplier and source of material. If the notice of intent to
use is sent before the materials are available for testing or inspection, or is sent so
far in advance that the materials on hand at the time will not last but will be replaced
by a new lot prior to use on the Work, it will be the Contractor's responsibility to re-
notify the Engineer when samples which are representative may be obtained.
4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of
any material or assembled material for which these Specifications so require or if
so required by the Engineer. The Engineer may waive the materials testing
requirements and accept a Certificate of Compliance. Material test data may be
required by the Engineer to be included with the submittal. Materials used on the
basis of a Certificate of Compliance may be sampled and tested at any time. The
submission of a Certificate of Compliance shall not relieve the Contractor of
responsibility for incorporating material into the Work which conforms to the
requirements of the Contract Documents, and any material not conforming to the
requirements will be subject to rejection by the Engineer whether in place or not.
5. Copies of mill certificates of composition and quality of all component materials
(reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of
the Work shall be provided to the City at the time of delivery. City shall retain the
right to reject any raw material not provided with a mill certificate at the time of
delivery.
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6. If, after incorporating such materials into the Work, it is found that sources of supply
that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after
improper storage, handling or for any other reason it shall be rejected, not
incorporated into the Work, and shall be removed from the Project Site all at the
Contractor’s expense.
6.4 Requests for Substitutions.
A. For the purposes of this provision, the term “substitution” shall mean the substitution
of any material, method or service substantially equal to or better in every respect to
that indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that
is described in the Notice Inviting Bids that designates certain products, things, or
services by specific brand or trade name.
C. Unless specifically designated in the Special Conditions, whenever any material,
process, or article is indicated or specified by grade, patent, or proprietary name or
by name of manufacturer, such specifications shall be deemed to be used for the
purpose of facilitating the description of the material, process, or article desired and
shall be deemed to be followed by the words “or equal.” Contractor may, unless
otherwise stated, offer for substitution any material, process, or article which may be
substantially equal to or better in every respect to that so indicated or specified in
the Contract Documents. However, the City has adopted uniform standards for
certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating data,
for substitution of any “or equal” material, process, or article no later than thirty-five
(35) calendar days after award of Contract. Provisions regarding submission of
substitution requests shall not in any way authorize an extension of time for the
performance of this Contract. If a substitution request is rejected by the City, the
Contractor shall provide the material, method or service specified herein. The City
shall not be responsible for any costs incurred by the Contractor associated with
substitution requests. The burden of proof as to the equality of any material,
process, or article shall rest with the Contractor. The Engineer has the complete
and sole discretion to determine if a material, process, or article is substantially equal
to or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following
information:
1. A signed affidavit from the Contractor stating that the material, process, or article
proposed as a substitution is substantially equal to or better than that specified in
every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data
required to prove that the material, process, or article is substantially equal to or
better than that specified.
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3. A statement of the cost implications of the substitution being requested, indicating
whether and why the proposed substitution will reduce or increase the amount of
the contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely
manner so that the substitution request can be adequately reviewed may result in
rejection of the substitution request. The Engineer is not obligated to review multiple
submittals related the same substitution request resulting from the Contractor’s
failure to initially submit a complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will
an extension of time for completion of the contract be granted because of
Contractor’s failure to provide substitution requests at the time and in the manner
described herein.
H. The Contractor shall bear the costs of all the City work associated with the review of
substitution requests.
I. If substitution requests approved by the Engineer require that Contractor furnish
materials, methods or services more expensive than that specified, the increased
costs shall be borne by Contractor.
ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES
7.1 Soils Investigations.
A. When a soils investigation report for the Site is available, such report is provided for
informational purposes only. Any information obtained from such report as to
subsurface soil condition, or to elevations of existing grades or elevations of
underlying rock, is approximate only and is not guaranteed. Contractor
acknowledges that any soils investigation report (including any borings) was
prepared for purposes of design only and Contractor is required to examine the Site
before submitting its Bid and must make whatever tests it deems appropriate to
determine the condition of the soil.
7.2 Ownership of Site Materials Found.
A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials
developed or obtained in the excavation or other operations of Contractor or any of
its Subcontractors in the performance of the Contract, and the right to use said items
in carrying out the Contract, or to dispose of same, is hereby expressly reserved by
the City. Neither Contractor nor any of its Subcontractors nor any of their
representatives or employees shall have any right, title, or interest in said materials,
nor shall they assert or make any claim thereto. Contractor will, as determined by
the City’s Representative, be permitted to use in the Work without charge, any such
materials which meet the requirements of the Contract Documents, provided the City
shall have the right to use or consume these materials without payment to a third
party.
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7.3 Existence of Utilities at the Work Site.
A. Existing Utilities
1. The location of known existing utilities and pipelines are shown on the Plans in
their approximate locations. However, nothing herein shall be deemed to require
the City to indicate the presence of existing service laterals or appurtenances
whenever the presence of such utilities on the site of the project can be inferred
from the presence of other visible facilities, such as buildings, cleanouts, meter
and junction boxes, on or adjacent to the Site of the Project.
2. The City will assume the responsibility for the timely removal, relocation, or
protection of existing main or trunk line utility facilities located on the Project site if
such utilities are not identified by the City in the Contract Documents or which
cannot reasonably be inferred from the presence of other visible facilities.
B. Utility Location
1. It shall be the Contractor’s responsibility to determine the exact location and depth
of all utilities, including service connections, which have been marked by the
respective utility owners and which the Contractor believes may affect or be
affected by the Contractor’s operations. The Contractor shall not be entitled to
additional compensation nor time extensions for work necessary to avoid
interferences nor for repair to damaged utilities if the Contractor does not expose
all such existing utilities as required by this Article.
2. The locating of utilities shall be in conformance with Government Code Section
4216 et seq. except for the City’s utilities located on the City’s property and not on
public right-of-way.
3. A “High Priority Subsurface Installation” is defined in Government Code Section
4216 (j) as “high-pressure natural gas pipelines with normal operating pressures
greater than 415kPA gauge (60psig) or greater than six inches nominal pipe
diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric
supply lines, conductors, or cables that have a potential to ground of greater than
or equal to 60kv, or hazardous materials pipelines that are potentially hazardous
to workers or the public if damaged.”
4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as
“any underground pipeline, conduit, duct, wire, or other structure, except
nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized
drain lines.”
5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the
appropriate regional notification center at least two (2) working days but not more
than 14 Days before performing any excavation. The date of the notification shall
not count as part of the two-working-day notice. Before notifying the appropriate
regional notification center, the Contractor shall delineate the area to be
excavated. The Contractor shall request that the utility owners conduct a utility
survey and mark or otherwise indicate the location of their service. The Contractor
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shall furnish to the Engineer written documentation of its contact(s) with the
regional notification center prior to commencing excavation at such locations.
6. After the utility survey is completed, the Contractor shall commence “potholing” or
hand digging to determine the actual location of the pipe, duct, or conduit and in
accordance with Government Code Section 4216.4 if the excavation within the
“tolerance zone” of a subsurface installation. The Engineer shall be given notice
prior to commencing potholing operations. The Contractor shall uncover all piping
and conduits, to a point one (1) foot below the pipe, where crossings, interferences,
or connections are shown on the Drawings, prior to trenching or excavating for any
pipe or structures, to determine actual elevations. New pipelines shall be laid to
such grade as to clear all existing facilities, which are to remain in service for any
period subsequent to the construction of the run of pipe involved.
7. The Contractor's attention is directed to the requirements of Government Code
Section 4216.2 (c) which provides: “When the excavation is proposed within 10
feet of a high priority subsurface installation, the operator of the high priority
subsurface installation shall notify the excavator of the existence of the high priority
subsurface installation to set up an onsite meeting prior to the legal excavation
start date and time or at a mutually agreed upon time to determine actions or
activities required to verify the location and prevent damage to the high priority
subsurface installation. As part of the meeting, the excavator shall discuss with the
operator the method and tools that will be used during the excavation and the
information the operator will provide to assist in verifying the location of the
subsurface installation. The excavator shall not begin excavating until after the
completion of the onsite meeting.” The Contractor shall notify the Engineer in
advance of this meeting.
C. Utility Relocation and Repair
1. If interferences occur at locations other than those indicated in the Contract
Documents with reasonable accuracy, the Contractor shall notify the Engineer in
writing. The Engineer will supply a method for correcting said interferences in
accordance with the responsibilities of this section and Government Code Section
4215. To the extent any delay is caused thereby, Contractor shall submit a notice
of delay within five (5) Days of discovery of the circumstances giving rise to the
delay in accordance with Article 9.1 Change Orders and Time Extensions.
2. Care shall be exercised by the Contractor to prevent damage to adjacent existing
facilities and public or private works; where equipment will pass over these
obstructions, suitable planking shall be placed. If high priority subsurface
installations are damaged and the operator cannot be contacted, the Contractor
shall call 911 emergency services.
3. The City will compensate the Contractor for the costs of locating and repairing
damage not due to the failure of the Contractor to exercise reasonable care, and
for removing or relocating such main or trunk line utility facilities not indicated in
the Contract Documents with reasonable accuracy, and for the cost of equipment
on the Project necessarily idled during such work. The payment for such costs will
be made as provided in Article 9.1 Change Orders and Time Extensions. The
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Contractor shall not be assessed liquidated damages for delay in completion of the
Project, when such delay is caused by the failure of the City or utility company to
provide for removal or relocation of such utility facilities. Requests for extensions
of time arising out of utility relocation or repair delays shall be filed in accordance
with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for
Completion and Liquidated Damages.
4. The public utility, where it is the owner of the affected utility, shall have the sole
discretion to perform repairs or relocation work or permit the Contractor to do such
repairs or relocation work at a reasonable price. The right is reserved to the City
and the owners of utilities or their authorized agents to enter upon the Work area
for the purpose of making such changes as are necessary for the rearrangement
of their facilities or for making necessary connections or repairs to their properties.
The Contractor shall cooperate with forces engaged in such work and shall
conduct its operations in such a manner as to avoid any unnecessary delay or
hindrance to the work being performed by such forces and shall allow the
respective utilities time to relocate their facility.
5. When the Contract Documents indicate that a utility is to be relocated, altered or
constructed by others, the City will conduct all negotiations with the utility company
and the work will be done at no cost to the Contractor, unless otherwise stipulated
in the Contract Documents.
6. Temporary or permanent relocation or alteration of utilities desired by the
Contractor for its own convenience shall be the Contractor’s responsibility and it
shall make arrangements and bear all costs for such work.
D. Construction at Existing Utilities
1. Where the Work to be performed crosses or otherwise interferes with water, sewer,
gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor
shall perform construction in such a manner so that no damage will result to either
public or private utilities. It shall be the responsibility of the Contractor to determine
the actual locations of, and make accommodates to maintain, all utilities.
2. Before any utility is taken out of service, permission shall be obtained by the
Contractor from the owner. The owner, any impacted resident or business owner
and the City Representative will be advised of the nature and duration of the utility
outage as well as the Contractor’s plan for providing temporary utilities if required
by the owner. The Contractor shall be liable for all damage which may result from
its failure to maintain utilities during the progress of the Work, and the Contractor
shall indemnify City as required by the Contract Documents from all claims arising
out of or connected with damage to utilities encountered during construction;
damages resulting from disruption of service; and injury to persons or damage to
property resulting from the negligent, accidental, or intentional breaching of
utilities.
3. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete this work, shall be included in
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Contractor’s bid and distributed in the schedule of pay Items. No additional
compensation shall be made to the Contractor for this work.
7.4 Trenches
A. Trenches Five Feet or More in Depth.
1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed
plan showing the design of shoring, bracing, sloping or other provisions to be made
for worker protection from hazards of caving ground during the excavation of any
trench or trenches five feet or more in depth. If such plan varies from shoring
system standards established by the Construction Safety Orders of the California
Code of Regulations, Department of Industrial Relations, the plan shall be
prepared by a California registered civil or structural engineer. The plan shall not
be less effective than the shoring, bracing, sloping, or other provisions of the
Construction Safety Orders, as defined in the California Code of Regulations. The
Contractor shall designate in writing the “competent person” as defined in Title 8,
California Code of Regulations, who shall be present at the Work Site each day
that trenching/excavation is in progress. The “competent person” shall prepare
and provide daily trenching/excavation inspection reports to the Engineer.
Contractor shall also submit a copy of its annual California Occupational Safety
and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet.
1. If the Work involves excavating trenches or other excavations that extend deeper
than four (4) feet below the surface, Contractor shall promptly within three (3)
Days, and before the excavation is further disturbed, notify the City in writing of
any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those
indicated.
c. Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract.
2. The City shall promptly investigate the conditions, and if it finds that the conditions
do so materially differ, or do involve hazardous waste, and cause a decrease or
increase in Contractor’s cost of, or the time required for, performance of any part
of the Work, shall issue a Change Order under the procedures described in Article
9.1 Change Orders and Time Extensions.
3. In the event that a dispute arises between the City and the Contractor as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in the Contractor’s cost of, or time required for, performance of any
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part of the Work, the Contractor shall not be excused from any scheduled
completion date provided for by the Contract, but shall proceed with all Work to be
performed under the Contract. Contractor shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and protests
between the parties.
ARTICLE 8 -PROSECUTION OF THE WORK
8.1 Contractor’s Means and Methods.
A. Contractor is solely responsible for the means and methods utilized to perform the
Work. In no case shall the Contractor’s means and methods deviate from commonly
used industry standards.
8.2 Construction Schedule.
A. General Requirements. The schedule shall be prepared in a Critical Path Method
(“CPM”) format and in an electronic scheduling program acceptable to the City and
as specified in the Contract Documents. Contractor shall deliver the schedule and
all updates to the City in both paper and electronic form. The electronic versions
shall be in the format and include all data used to prepare the schedule. Copies are
not acceptable.
B. Schedule. The receipt or approval of any schedules by the City shall not in any way
relieve the Contractor of its obligations under the Contract Documents. The
Contractor is fully responsible to determine and provide for any and all staffing and
resources at levels which allow for good quality and timely completion of the Project.
Contractor’s failure to incorporate all elements of Work required for the performance
of the Contract or any inaccuracy in the schedule shall not excuse the Contractor
from performing all Work required for a completed Project within the specified
Contract Time. If the required schedule is not received by the time the first payment
under the Contract is due, Contractor shall not be paid until the schedule is received,
reviewed and accepted by the City.
C. Schedule Contents. The schedule shall allow enough time for inclement weather.
The schedule shall indicate the beginning and completion dates of all phases of
construction; critical path for all critical, sequential time related activities; and “float
time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include
appropriate time allowances and constraints for submittals, items of interface with
Work performed by others, and specified construction, start-up and performance
tests. All float shall be owned by the Project. Schedules indicating early or late
completion shall not modify or have any effect on the Contract Time, regardless of
whether the schedules are reviewed and/or accepted by the City. For purposes of
determining Liquidated Damages, the Contract Time shall control and may only be
altered by a duly authorized Change Order.
D. Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule;
(2) with each progress payment request; and (3) whenever requested to do so by
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the City. The City may withhold progress payments or other amounts due under the
Contract Documents if Contractor fails to submit an updated and accurate
construction schedule. Upon the City’s request, Contractor shall submit any
schedules or updates to the City in the native electronic format of the software used
to create the schedule. Contractor shall also submit schedules showing a two-week
detailed look-ahead at weekly meetings conducted with the City. The two-week look-
ahead schedule shall clearly identify all staffing and other resources which in the
Contractor’s judgment are needed to complete the Work within the Contract Time,
and it shall clearly state the number of staff to be used on each daily segment of the
Work.
E. Acceptance. Acceptance of the schedules by the City will not impose on
responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or
compliance with the Contract Documents. Acceptance will not interfere with or
relieve Contractor from Contractor’s full responsibility therefor.
F. Recovery Schedule.
1. Should any of the following conditions exist, City may require Contractor to
prepare, at no extra cost to City, a plan of action and a recovery schedule for
completing the Work and achieving all contractual milestones within the allotted
Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the
opinion of City, of sufficient magnitude that City questions the Contractor's
ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the
critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration
of future activities of the schedule which, in the opinion of City, are major in
nature.
2. The recovery schedule shall include proposed revisions to the Construction
Schedule, demonstrating how Contractor intends to achieve all contractual
milestones including Contract completion within the allotted Contract Time. The
submittal shall include a narrative describing the actions planned by the Contractor
to recover the schedule.
3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s
request. If Contractor asserts that City is responsible for the delay, failure to submit
the recovery schedule within seven (7) Days of City’s request, will be considered
a concurrent delay event attributable to Contractor, and Contractor shall only be
entitled to non-compensable adjustments to Contract Times. If Contractor is
responsible for the delay, this provision will not limit or affect Contractor's liability
and failure to submit the recovery schedule with seven (7) Days of City’s request
may result in City withholding progress payments or other amounts due under the
Contract Documents.
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4. Contractor is responsible for all costs associated with the preparation and
execution of the recovery schedule, including any necessary recovery actions,
which may include, but are not limited to, assignment of additional labor, and/or
equipment, shift or overtime work, expediting of submittals or deliveries,
overlapping of activities or sequencing changes to increase activity concurrence.
Regardless of whether City directs Contractor to prepare a recovery schedule
pursuant to this Section, Contractor shall promptly undertake appropriate action at
no additional cost to City to recover the schedule whenever the current
construction schedule shows that the Contractor will not achieve a milestone
and/or complete the Work within the allotted Contract Time.
8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the Contract
for Construction shall commence: (1) on the date stated in the Notice to Proceed, or
(2) if the Notice to Proceed does not specify a commencement date, then on the
date of the Notice to Proceed and shall be completed by Contractor in the time
specified in the Contract Documents. The City is under no obligation to consider
early completion of the Project; and the Contract completion date shall not be
amended by the City’s receipt or acceptance of the Contractor’s proposed earlier
completion date. Any difference in time between the Contractor’s early completion
and the Contract Time shall be considered a part of the Project float. Contractor
shall not be entitled to compensation, and the City will not compensate Contractor,
for delays which impact early completion. Contractor shall not, under any
circumstances, receive additional compensation from the City (including but not
limited to indirect, general, administrative or other forms of overhead costs) for the
period between the time of earlier completion proposed by the Contractor and the
Contract completion date.
B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is
understood that the City will suffer damage. In accordance with Government Code
section 53069.85 and Public Contract Code section 7102, being impractical and
infeasible to determine the amount of actual damage, it is agreed that Contractor
shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum
stipulated in the Contract for each calendar day of delay until the Work is fully
completed. Contractor and its surety shall be liable for any liquidated damages. Any
money due or to become due the Contractor may be retained to cover liquidated
damages.
C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what
constitutes inclement weather. Time extensions for inclement weather shall only be
granted when the Work stopped during inclement weather is on the critical path of
the Project schedule. Contractor shall not be entitled to reverse liquidated damages
for time extensions resulting from inclement weather.
D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is
limited to a City-caused extension of the critical path, reduced by the Contractor’s
concurrent delays, and established by a proper time impact analysis. Contractor
shall not be charged liquidated damages because of any delays in completion of the
Work due to unforeseeable causes beyond the control and without the fault or
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negligence of Contractor (or its Subcontractors or Suppliers). The City shall
ascertain the facts and extent of delay and grant extension of time for completing
the Work when, in its judgment, the facts justify such an extension. Contractor shall
not be entitled to an adjustment in the Contract Times for delays within the control
of Contractor. Delays attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be delays within the control of Contractor.
E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102,
Contractor will be compensated for damages incurred due to unreasonable delays
to the critical path for which the City is responsible. The parties agree that
determining Contractor’s exact delay damages are and will continue to be
impracticable and extremely difficult. As such, for each calendar day in excess of
the time for completion set forth in Article 2 of the Contract for Construction, the City
shall pay to the Contractor the sum stipulated in the Contract per day. Such amount
shall constitute the only payment allowed for any City-caused delays and shall
necessarily include all overhead, all profits, all administrative costs, all bond costs,
all labor, materials, equipment and rental costs and any other costs, expenses and
fees incurred or sustained as a result of such delays. Contractor shall not be entitled
to reverse liquidated damages for any change in the Work in which Contractor is
compensated for overhead and profit through a change in Unit Price Work or a
Change Order resulting in a lump sum or allowed mark-up for the additional Work.
The amount of reverse liquidated damages shall be reduced by Contractor’s
concurrent delays.
F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the
Contractor shall not be charged liquidated damages, and the City shall not be
responsible, for any delays resulting from a Force Majeure Event. If a delay to the
critical path results from a Force Majeure Event, the Contractor will be entitled to a
time extension but will not receive an adjustment to the Contract Price or any other
compensation. Such a non-compensable adjustment shall be Contractor’s sole and
exclusive remedy for such delays.
G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for
which the City is responsible shall be limited to only an extension of time unless such
delays were unreasonable under the circumstances. In no case shall the City be
liable for any costs which are borne by the Contractor in the regular course of
business, including, but not limited to, home office overhead and other ongoing
costs. Damages caused by unreasonable City delay shall be based on actual costs
only, no proportions or formulas shall be used to calculate any delay damages.
H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled
to any extension of time or any reverse liquidated damages unless Contractor
properly notices the delay and adjustment to compensation and requests a Change
Order in accordance with Article 9.1 Change Orders and Time Extensions.
Contractor’s failure to timely and fully comply with the Change Order procedures in
the Contract Documents shall constitute a waiver of Contractor’s right to a time
extension or reverse liquidated damages.
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8.4 Contractor’s Responsibility for Work.
A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be
under the charge and care of the Contractor. The Contractor shall take every
necessary precaution against injury or damage to any part thereof by the action of
the elements or from any cause whether arising from the execution or non-execution
of the Work. The Contractor shall rebuild, repair, restore and make good at its own
expense all injuries or damages to any portion of the Work before its completion and
acceptance. In the event of damage proximately caused by an Act of God, as
defined by Section 7105 of the Public Contract Code, the City will pay for repair or
restoration to damaged Work in excess of 5% of the total Bid.
8.5 Occupancy.
A. The City reserves the right to occupy or utilize any portion of the Work at any time
before completion, and such occupancy or use shall not constitute acceptance of
any part of Work covered by this Contract. This use shall not relieve the Contractor
of its responsibilities under the Contract.
8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California,
Contractor may request the City to make retention payments directly to an escrow
agent or may substitute securities for any money withheld by the City to ensure
performance under the contract. At the request and expense of Contractor,
securities equivalent to the amount withheld shall be deposited with the City or with
a state or federally chartered bank as the escrow agent who shall return such
securities to Contractor upon satisfactory completion of the contract. Deposit of
securities with an escrow agent shall be subject to a written agreement substantially
in the form provided in section 22300 of the Public Contract Code.
8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City
1. The City may, at its sole option, decide to suspend at any time the performance of
all or any portion of the Work by notice in writing to Contractor. Such notice of
suspension of Work will designate the amount and type of plant, labor, and
equipment to be committed to the Project during the period of suspension.
Contractor shall use its best efforts to utilize its plant, labor, and equipment in such
a manner as to minimize costs associated with suspension.
2. Upon receipt of any such notice, Contractor shall, unless the notice requires
otherwise:
a. Immediately discontinue Work on the date and to the extent
specified in the notice;
b. Place no further orders or subcontracts for material, services, or
facilities with respect to suspended Work other than to the extent required
in the notice;
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c. Promptly make every reasonable effort to obtain suspension upon
terms satisfactory to the City’s Representative of all orders, subcontracts,
and rental agreements to the extent they relate to performance of Work
suspended; and
d. Continue to protect and maintain the Work including those portions
on which Work has been suspended.
3. Except as provided by this Article, as full and complete compensation for such
suspension, Contractor shall be granted an adjustment in the Contract Price based
on a negotiated daily rate that reflects the Contractor’s actual costs associated with
the demobilized condition of the Site and an extension of the Contract Times equal
to the number of days performance of Work is suspended; provided, however, that
no adjustment of Contract Price or extension of Contract Times shall be granted if
the suspension results from Contractor's non-compliance with the requirements of
the Contract.
B. Termination for Cause by the City:
1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the
Work or any separable part thereof with such diligence as will insure its completion
within the time specified by the Contract Documents, or any extension thereof, or
fails to complete such Work within such time, or if the Contractor should be
adjudged a bankrupt, or if it should make a general assignment for the benefit of
its creditors, or if a receiver should be appointed on account of its insolvency, or
the Contractor or any of its subcontractors should violate any of the provisions of
this Contract, the City may serve written notice upon the Contractor and its surety
of the City's intention to terminate this Contract. This notice of intent to terminate
shall contain the reasons for such intention to terminate this Contract, and a
statement to the effect that the Contractor's right to perform this Contract shall
cease and terminate upon the expiration of ten (10) Days unless such violations
have ceased and arrangements satisfactory to the City have been made for
correction of said violations.
2. After expiration of the ten (10) Day period, the City may terminate the Contract by
providing a Notice of Termination to the Contractor. The City may take over and
complete the Work by any method it may deem appropriate, including enforcement
of the Project performance bond. Contractor and its surety shall be liable to the
City for any excess costs or other damages incurred by the City to complete the
Work. If the City takes over the Work, the City may, without liability for so doing,
take possession of and utilize in completing the Work such materials, appliances,
plant, and other property belonging to the Contractor as may be on the Site.
3. Upon termination, Contractor shall not be entitled to receive any further payment
from the City, except for Work which was duly performed prior to the effective date
of the Notice of Termination. Contractor shall submit an invoice for final payment
within thirty (30) Days of the effective date of the Notice of Termination. The City
may withhold from final payment up to 150% of any disputed amounts, including
any amounts which may be necessary to repair defective Work, complete
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unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its
duties under the Contract.
C. Termination for Convenience by the City:
1. The City may terminate performance of the Work called for by the Contract
Documents in whole or, from time to time, in part, upon ten (10) Days written notice
if the City determines that a termination is in the City's interest.
2. The Contractor shall terminate all or any part of the Work upon delivery to the
Contractor of a Notice of Termination specifying that the termination is for the
convenience of the City, the extent of termination, and the effective date of such
termination.
3. After receipt of Notice of Termination, and except as directed by the City's
Representative, the Contractor shall, regardless of any delay in determining or
adjusting any amounts due under this termination for convenience clause,
immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least
cost/shortest time manner while still maintaining the quality called for under
the Contract Documents.
c. Leave the property upon which the Contractor was working and
upon which the facility (or facilities) forming the basis of the Contract
Document is situated in a safe and sanitary manner such that it does not
pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the
portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to
complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the
effective date of the Notice of Termination, all of the usual documentation
called for by the Contract Documents to substantiate all costs incurred by
the Contractor for labor, materials and equipment through the effective date
of the Notice of Termination. Any documentation substantiating costs
incurred by the Contractor solely as a result of the City's exercise of its right
to terminate this Contract pursuant to this clause, which costs t he
contractor is authorized under the Contract documents to incur, shall: (1)
be submitted to and received by the Engineer no later than 30 Days after
the effective date of the Notice of Termination; (2) describe the costs
incurred with particularity; and (3) be conspicuously identified as
“Termination Costs occasioned by the City's Termination for Convenience.”
If the City rejects any costs, Contractor shall be deemed to waive the
rejected costs unless Contractor files a Claim within thirty (30) Days of the
rejection pursuant to Article 9.2.
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g. Contractor shall be entitled to receive only the amounts payable
under this Article, and Contractor specifically waives any claim for any other
amounts or damages, including, but not limited to, any claim for
consequential damages or lost profits. The provisions in this Article are in
addition to and not in limitation of any other rights or remedies available to
the City.
4. Termination of the Contract shall not relieve surety of its obligation for any just
claims arising out of or relating to the Work performed.
5. Notwithstanding any other provision of this Article, when immediate action is
necessary to protect life and safety or to reduce significant exposure or liability, the
City may immediately order Contractor to cease Work on the Project until such
safety or liability issues are addressed to the satisfaction of the City or the Contract
is terminated.
6. If the City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this section,
and Contractor specifically waives any claim for any other amounts or damages,
including, but not limited to, any claim for consequential damages or lost profits.
8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is
complete, the Engineer will promptly make a final inspection with the City and
Contractor and will notify Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to complete such Work or
remedy such deficiencies.
B. Final Acceptance. The acceptance of the Work on behalf of the City will be made
by the Engineer. Such acceptance by the City shall not constitute a waiver of
defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed
all corrections identified during the final inspection and has delivered, in accordance
with the Contract Documents, all maintenance and operating instructions,
schedules, guarantees, bonds, certificates or other evidence of insurance,
certificates of inspection, Record Documents, and other documents required by the
Contract Documents, the City shall execute a Notice of Completion, constituting final
acceptance and completion of the Project, except as may be expressly noted.
8.9 Warranty and Guaranty of Work.
A. Contractor hereby warrants that materials and Work shall be completed in
conformance with the Contract Documents and that the materials and Work provided
will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or
replace, at the discretion of the City, any or all Work that may prove to be defective
in its workmanship, materials furnished, methods of installation or fail to conform to
the Contract Document requirements together with any other Work which may be
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damaged or displaced by such defect(s) within a period of one (1) year (or as
otherwise indicated in the Contract Documents or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into
the Work, whichever is later) from the date of the Notice of Completion of the Project
without any expense whatever to the City, ordinary wear and tear and unusual abuse
and neglect excepted. Contractor shall be required to promptly repair or replace
defective equipment or materials, at Contractor’s option. All costs associated with
such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole
responsibility of the Contractor.
B. For any Work so corrected, Contractor’s obligation hereunder to correct defective
Work shall be reinstated for an additional one (1) year period, commencing with the
date of acceptance of such corrected Work. The reinstatement of the one (1) year
warranty shall apply only to that portion of work that was corrected. Contractor shall
perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the
requirements of the Contract. In the event of Contractor’s failure to comply with the
above-mentioned conditions within ten (10) Days after being notified in writing of
required repairs, to the reasonable satisfaction of the City, the City shall have the
right to correct and replace any defective or non-conforming Work and any work
damaged by such work or the replacement or correction thereof at Contractor’s sole
expense. Contractor shall be obligated to fully reimburse the City for any expenses
incurred hereunder immediately upon demand.
C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City
all warranties that would be given in normal commercial practice and assign to the
City any and all manufacturer’s or installer’s warranties for equipment or materials
not manufactured by Contractor and provided as part of the Work, to the extent that
such third-party warranties are assignable and extend beyond the warranty period
set forth in this Article. Contractor shall furnish the City with all warranty and
guarantee documents prior to final acceptance of the Project by the City as required.
D. When specifically indicated in the Contract Documents or when directed by the
Engineer, the City may furnish materials or products to the Contractor for installation.
In the event any act or failure to act by Contractor shall cause a warranty applicable
to any materials or products purchased by the City for installation by the Contractor
to be voided or reduced, Contractor shall indemnify the City from and against any
cost, expense, or other liability arising therefrom, and shall be responsible to the City
for the cost of any repairs, replacement or other costs that would have been covered
by the warranty but for such act or failure to act by Contractor.
E. The Contractor shall remedy at its expense any damage to City-owned or controlled
real or personal property.
F. The City shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage. The Contractor shall within ten (10)
Days after being notified commence and perform with due diligence all necessary
Work. If the Contractor fails to promptly remedy any defect or damage, the City shall
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have the right to replace, repair or otherwise remedy the defect, or damage at the
Contractor’s expense.
G. In the event of any emergency constituting an immediate hazard to health, safety,
property, or licensees, when caused by Work of the Contractor not in accordance
with the Contract requirements, the City may undertake at Contractor’s expense,
and without prior notice, all Work necessary to correct such condition.
H. Acceptance of Defective Work.
1. If, instead of requiring correction or removal and replacement of defective Work,
the City prefers to accept it, the City may do so. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) attributable to the City’s evaluation of and
determination to accept such defective Work and for the diminished value of the
Work. If any acceptance of Defective Work occurs prior to release of the Project
retention, a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work, and the City shall be entitled to
an appropriate decrease in the Contract Price, reflecting the diminished value of
Work and all costs incurred by the City. If the acceptance of defective occurs after
release of the Project retention, an appropriate amount will be paid by Contractor
to the City.
I. The City May Correct Defective Work
1. If Contractor fails within a reasonable time after written notice from the City to
correct Defective Work, or to remove and replace rejected Work as required by the
City, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract
Documents, the City may, after seven (7) Days written notice to Contractor,
correct, or remedy any such deficiency.
2. In connection with such corrective or remedial action, the City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work
and suspend Contractor’s services related thereto, take possession of Contractor’s
tools, appliances, construction equipment and machinery at the Site, and
incorporate in the Work all materials and equipment stored at the Site or for which
the City has paid Contractor but which are stored elsewhere. Contractor shall allow
the City, and the agents, employees, other contractors, and consultants of each of
them, access to the Site to enable the City to exercise the rights and remedies to
correct the Defective Work.
3. All claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) incurred or sustained by the City
correcting the Defective Work will be charged against Contractor, and a Change
Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and the City shall be entitled to an
appropriate decrease in the Contract Price. Such claims, costs, losses and
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damages will include but not be limited to all costs of repair, or replacement of work
of others destroyed or damaged by correction, removal, or replacement of
defective Work.
4. If the Change Order is executed after all payments under the Contract have been
paid by the City and the Project Retention is held in an escrow account as
permitted by the Contract Documents, Contractor will promptly alert the escrow
holder, in writing, of the amount of Retention to be paid to the City. If the Change
Order is executed after release of the Project retention, an appropriate amount will
be paid by Contractor to the City. Contractor shall not be allowed an extension of
the Contract Times because of any delay in the performance of the Work
attributable to the City correcting Defective Work.
J. Nothing in the warranty or in the Contract Documents shall be construed to limit the
rights and remedies available to the City at law or in equity, including, but not limited
to, Code of Civil Procedure section 337.15.
ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION
9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be
through a written Change Order in accordance with this Article. The City, without invalidating the
Contract, may order changes in the Work consisting of additions, deletions or other revisions, and
Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever
any change is made as provided for herein, such change shall be considered and treated as
though originally included in the Contract, and shall be subject to all terms, conditions, and
provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for
damages, whether for loss of profits or otherwise, on account of any decrease or omission of any
item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach
agreement on the terms of the Change Order shall relieve the Contractor from the obligation to
proceed with performance of the Work, including Additional Work, promptly and expeditiously.
Any alterations, extensions of time, Additional Work, or any other changes may be made without
securing consent of the Contractor’s surety or sureties.
A. Change in Contract Procedures
1. City Directive. The City may direct changes in the Work by delivering a written
directive. To the extent the work directive results in a change to compensation or
time, Contractor must timely request a Change Order and comply with all Change
Order procedures in accordance with this Article. Notwithstanding issuance of a
work directive, Contractor’s failure to timely request a Change Order shall
constitute a waiver by Contractor of any adjustment to compensation or time
extension for Work performed under the directive. The City shall not be liable to
Contractor for Work performed or omitted by Contractor in reliance on verbal
orders.
2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change
Order Request, then Contractor shall provide the City with written notice of the
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underlying facts and circumstances that gave rise to the proposed change within
the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days
from the discovery date or prior to the alterations of the conditions, whichever
is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the
conditions, which shall be no longer than three (3) days from the date the
Contractor discovers that the Force Majeure Event gives rise to a change,
unless that the conditions are such that notice within three (3) days is not
possible or practicable.
c. If due to any other matter that may involve an adjustment to the Contract Time
or the Contract Price, within seven (7) days from the discovery date.
To be considered valid and complete, the notice of change/delay shall include
a general statement of the circumstances giving rise to the notice of
change/delay and a reasonable order of magnitude estimate of the additional
costs and/or time. If the circumstances give rise to both a cost adjustment and
time extension, Contractor shall submit the notice of change and notice of delay
concurrently.
3. Request for Change in Compensation and/or Extension of Time. Contractor shall
submit a Change Order Request for any adjustment to Contractor’s compensation
and/or any extension of time. The Change Order Request shall be made prior to
incurring any expense and within fourteen (14) Days from either Contractor’s
notice of change/delay or the City’s directive ordering the change. The Change
Order Request shall include all of the following information (unless inapplicable to
the change):
a. A detailed description of the circumstances giving rise to the
request;
b. A complete itemized cost proposal, including itemized pricing for
first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical
path to completion;
e. If any added costs or information cannot be determined at the time
of the Change Order Request, the reason the costs or information cannot
be determined at the time; and
f. Certification to the accuracy of the Change Order Request under
penalty of perjury.
The time impact analysis shall be in the critical path method format
and shall show the sequencing of all critical and non-critical new
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activities and/or activity revisions affected by the delay, with logic
ties to all affected existing activities noted on the schedule.
The City may demand, and Contractor shall provide, any additional
information supporting the Change Order Request, including but
not limited to native electronic format version of schedules and time
impact analyses. Contractor shall provide the requested additional
information within five (5) Days of the request.
For any costs or information that cannot be determined at the time
Contractor submits the Change Order Request, Contractor shall
submit to the City notice of the costs or information and all
supporting documentation within five (5) Days of when the costs or
other information become subject to determination.
4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the
Change Order Request or disagrees with the proposal submitted by Contractor, it
will notify the Contractor, and the City will provide its opinion of the appropriate
price and/or time extension. If no agreement can be reached, the City shall have
the right to order the Work performed on a time and materials basis or to issue a
unilateral Change Order setting forth the City’s determination of the reasonable
additions or savings in costs and time attributable to the extra or deleted work. The
City shall also have the right to order changes in the Work to be performed
promptly by the Contractor on a time and materials basis or to issue a unilateral
Change Order setting forth the City’s determination of the reasonable additions or
savings in costs and time attributable to the extra or deleted work. The City’s
determination shall become final and binding if the Contractor fails to submit a
Claim in writing to the City within fourteen (14) Days of the issuance of the
unilateral Change Order, disputing the terms of the unilateral Change Order and
providing such supporting documentation for its position as the City may
reasonably require.
5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE
A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE
ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF
THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE
RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH
CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE
OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY
MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY
OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.
Contractor recognizes and acknowledges that timely submission of a formal written
notice of change/delay and Change Order Request, whether or not the
circumstances of the change may be known to the City or available to the City
through other means, is not a mere formality but is of crucial importance to the
ability of the City to promptly identify, prioritize, evaluate and mitigate the potential
effects of changes. Any form of informal notice, whether verbal or written
(including, without limitation, statements in requests for information, statements in
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Submittals, statements at any job meeting or entries on monthly reports, daily logs
or job meeting minutes), that does not strictly comply with the formal requirements
of this Article, shall accordingly be insufficient.
6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement
therewith, including any adjustment in compensation or extension of time, and
the full and final settlement of all costs (direct, indirect and overhead) related
to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change
Orders. If so designated, Contractor may only use such forms. Contractor
shall not reserve a right to assert impact costs, extended job site costs,
extended overhead, constructive acceleration and/or actual acceleration
beyond what is stated in the Change Order. No Claims shall be allowed for
impact, extended overhead costs, constructive acceleration and/or actual
acceleration due to a multiplicity of changes and/or clarifications. The
Contractor may not change or modify the City’s Change Order form in an
attempt to reserve additional rights.
B. Determining Adjustments to Compensation.
1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work
subject to a Change Order except as expressly set forth in this Article. The mark-
up added in instances of Additional Work shall constitute the entire amount of
profit, any mark-ups, any field or home office overhead costs, including personnel,
equipment or office space, any materials, or any costs of equipment idle time for
such Work.
2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item
varies from the Bid Schedule, compensation for the change in quantity will be
calculated by multiplying the actual quantity by the unit price. This calculation may
result in either an additive or deductive Change Order. Bid items included on the
Bid Schedule may be deducted from the Work in their entirety without any
negotiated extra costs. Because Unit Price Work includes overhead and profit as
determined by Contractor at the time of its Bid submission, no mark up or deduction
for overhead and profit will be allowed.
3. Lump Sum Change Orders. Whenever possible, any changes affecting
compensation shall be in a lump sum mutually agreed by the Contractor and the
City.
4. Time and Materials Change Orders. The City may direct the Contractor to proceed
with the Additional Work with payment to be made on the basis of actual cost of
the labor and materials required to complete the Additional Work. If the Project is
federally funded, a time and materials Change Order shall only be issued after a
determination that no other Change Order is suitable and the Change Order shall
include a ceiling price that the Contractor exceeds at its own risk.
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5. Federally Funded Projects. For any change in price to the Contract, general and
administrative expenses shall be negotiated and must conform to the cost
principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be
negotiated as a separate element of the cost. To establish a fair and reasonable
profit, consideration must be given to the complexity of the Additional Work to be
performed, the risk borne by the Contractor, the Contractor's investment, the
amount of subcontracting, the quality of its record of past performance, and
industry profit rates in the surrounding geographical area for similar work.
6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and-
material work shall be limited to direct expenditures necessitated specifically by
the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for
each craft or type of worker at the time the Additional Work is done, plus
employer payments of payroll taxes and insurance, health and welfare,
pension, vacation, apprenticeship funds, and other direct costs resulting from
federal, state or local laws, as well as assessment or benefits required by lawful
collective bargaining agreements. The use of a labor classification which
would increase the Additional Work cost will not be permitted unless the
Contractor establishes the necessity for such additional costs. Labor costs for
equipment operators and helpers shall be reported only when such costs are
not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at
which such materials are locally available in the quantities involved, plus sales
tax, freight and delivery. Materials costs shall be based upon supplier or
manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in
determining equipment use shall not exceed listed rates prevailing locally at
equipment rental agencies, or distributors, at the time the work is performed.
The Contractor shall furnish cost data supporting the establishment of the
rental rate. The rental rate to be applied for use of each items of equipment
shall be the rate resulting in the least total cost to the City for the total period
of use. The City shall the make the final determination as to an equitable rental
rate for the equipment. No payment will be made for the use of small tools,
which have a replacement value of $1,000 or less.
(i) The rental time to be paid for equipment shall be the time the equipment
is in productive operation on the Additional Work being performed.
Rental time will not be allowed while equipment is inoperative due to
breakdowns.
(ii) All equipment shall, in the opinion of the City, be in good working
condition and suitable for the purpose for which the equipment is to be
used. Equipment with no direct power unit shall be powered by a unit
of at least the minimum rating recommended by the manufacturer.
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(iii) Before construction equipment is used on any Additional Work, the
Contractor shall plainly stencil or stamp an identifying number thereon
at a conspicuous location, and shall furnish to the City, in duplicate, a
description of the equipment and its identifying number.
(iv) When hourly rates are listed, any part of an hour less than 30 minutes
of operation shall be considered to be 1/2-hour of operation, and any
part of an hour greater than 30 minutes will be considered one hour of
operation. When daily rates are listed, any part of a day less than 4
hours operation shall be considered to be 1/2-day of operation.
d. Allowed Mark-up. The allowed mark-up for any and all overhead (including
supervision and home and field office costs) and profit on work added to the
Contract shall be determined in accordance with the following provisions:
(i) “Net Cost” is defined as the actual costs of labor, materials and tools
and equipment only, excluding overhead and profit. The costs of
applicable insurance and bond premium will be reimbursed to the
Contractor and Subcontractors at cost only, without mark-up.
Contractor shall provide the City with documentation of the costs,
including but not limited to payroll records, invoices, and such other
information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark-up
shall not exceed fifteen (15%) percent of labor costs, ten percent (10%)
of material costs, and ten percent (10%) of the cost of tools and
equipment use.
(iii) For Work performed by a Subcontractor, the added cost for overhead
and profit shall not exceed fifteen percent (15%) of the Subcontractor’s
Net Cost of the Work to which the Contractor may add up to five percent
(5%) of the Subcontractor’s Net Cost.
(iv) For Work performed by a sub-subcontractor, the added cost for
overhead and profit shall not exceed fifteen percent (15%) of the sub-
subcontractor’s Net Cost for Work to which the Subcontractor and
Contractor may each add up to an additional five percent (5%) of the
Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and
in no case shall the added cost for overhead and profit payable by the
City exceed twenty-five percent (25%) of the Net Cost as defined
herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and
to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets. Contractor must submit timesheets, materials
invoices, records of equipment hours, and records of rental equipment
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hours to the City’s for an approval signature each day that Work is
performed on a time-and-material basis. The Engineer’s signature on
time sheets only serves as verification that the Work was performed
and is not indicative of the City’s agreement to Contractor’s entitlement
to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet,
which shall include total actual costs, within five (5) Days following
completion of Additional Work on a time-and-material basis.
Contractor’s total actual cost shall be presented in a summary table in
an electronic spreadsheet file by labor, material, equipment, and any
other costs, along with documentation supporting the costs.
Contractor’s failure to submit the T&M Summary Sheet within five (5)
Days of completion of the Additional Work will result in Contractor’s
waiver for any reimbursement of any costs associated with the
Additional Work.
f. Excluded Costs. The following costs or any other home or field office overhead
costs, all of which are to be considered administrative costs covered by the
Contractor’s mark-up, shall not be allowed costs and shall not be included in
any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s
officers, executives, principals, general managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing
and contracting agents, timekeepers, clerks, and other personnel
employed by Contractor whether at the Site or in Contractor’s principal
office or any branch office, material yard, or shop for general
administration of the Work;
(ii) Office Expenses. Expenses of Contractor’s principal and branch
offices;
(iii) Capital Expenses. Any part of Contractor’s capital expenses, including
interest on Contractor’s capital employed for the Additional Work and
charges against Contractor for delinquent payments;
(iv) Negligence. Costs due to the negligence of Contractor or any
Subcontractor or Supplier, or anyone directly or indirectly employed by
any of them or for whose acts any of them may be liable, including
without limitation the correction of Defective Work, disposal of materials
or equipment wrongly supplied, and making good any damage to
property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that
remain the property of Contractor;
(vi) Administrative Costs. Costs associated with the preparation of Change
Orders (whether or not ultimately authorized), cost estimates, or the
preparation or filing of Claims;
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(vii) Anticipated Lost Profits. Expenses of Contractor associated with
anticipated lost profits or lost revenues, lost income or earnings, lost
interest on earnings, or unpaid retention;
(viii) Home Office Overhead. Costs derived from the computation of a
“home office overhead” rate by application of the Eichleay, Allegheny,
burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys. Costs of special consultants or
attorneys, whether or not in the direct employ of Contractor, employed
for services specifically related to the resolution of a Claim, dispute, or
other matter arising out of or relating to the performance of the
Additional Work.
(x) Other. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in the Contract
Documents; including but not limited to: submittals, drawings, field
drawings, shop drawings, including submissions of drawings; field
inspection; general superintendence; computer services; reproduction
services; salaries of project engineer, superintendent, timekeeper,
storekeeper, and secretaries; janitorial services; small tools, incidentals
and consumables; temporary on-site facilities (offices, telephones, high
speed internet access, plumbing, electrical power, lighting; platforms,
fencing, water); surveying; estimating; protection of work; handling and
disposal fees; final cleanup; other incidental work; related warranties;
insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally
funded, any costs that are not allowable, reasonable and allocable to
the Project, under generally accepted accounting principles and the
applicable federal requirements.
9.2 Procedure for Resolving Claims.
Contractor shall timely comply with any and all requirement of the Contract Documents pertaining
to notices and requests for changes to the Contract Time or Contract Price, including but not
limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this
Article. The failure to timely submit a notice of delay or notice of change, or to timely request a
change to the time for completion or Contractor’s compensation, or to timely provide any other
notice or request required herein shall constitute a waiver of the right to further pursue the claim
under the Contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public
Contract Code prescribes a process utilizing informal conferences, non-binding
judicial supervised mediation, and judicial arbitration to resolve disputes on
construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of
the Public Contract Code prescribes a process for negotiation and mediation to
resolve disputes on construction claims. The intent of this Article is to implement
Sections 20104 et seq. and Section 9204 of the California Public Contract Code.
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This Article shall be construed to be consistent with all applicable law, including but
not limited to these statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the
Contractor for:
1. An adjustment to the time for completion including, without limitation, for relief from
damages or penalties for delay assessed by the City;
2. Payment by the City of money or damages arising from Work done by or on behalf
of the Contractor pursuant to the Contract, payment for which is not otherwise
expressly provided or to which the Contractor is not otherwise entitled; or
3. An amount the payment of which is disputed by the City.
A “Claim” does not include any demand for payment for which the Contractor has
failed to provide notice, request a Change Order, or otherwise failed to follow any
procedures contained in the Contract Documents.
C. Filing Claims. Claims governed by this Article may not be filed unless and until the
Contractor completes any and all requirements of the Contract Documents
pertaining to notices and requests for changes to the Contract Time or Contract
Price, and Contractor’s request for a change has been denied in whole or in part.
Claims governed by this Article must be filed no later than thirty (30) Days after a
request for change has been denied in whole or in part or after any other event giving
rise to the Claim. The Claim shall be submitted in writing to the City and shall include
on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The
Claim shall include the all information and documents necessary to substantiate the
Claim, including but not limited to those identified below. Nothing in this Article is
intended to extend the time limit or supersede notice requirements otherwise
provided by Contract Documents. Failure to follow such contractual requirements
shall bar any Claims or subsequent proceedings for compensation or payment
thereon.
D. Documentation. The Contractor shall submit all Claims in the following format:
1. Summary description of Claim including basis of entitlement, merit and amount of
time or money requested, with specific reference to the Contract Document
provisions pursuant to which the Claim is made
2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other
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3. Chronology of events and correspondence
4. Narrative analysis of Claim merit
5. Analysis of Claim cost, including calculations and supporting documents
6. Time impact analysis in the form required by the Contract Documents or, if the
Contract Documents do not require a particular format, CPM format, if an
adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall
conduct a reasonable review of the Claim and, within a period not to exceed 45 Days,
shall provide the Contractor a written statement identifying what portion of the Claim
is disputed and what portion is undisputed. Any payment due on an undisputed
portion of the Claim will be processed and made within 60 Days after the City issues
its written statement.
1. If the City needs approval from its governing body to provide the Contractor a
written statement identifying the disputed portion and the undisputed portion of the
Claim, and the City’s governing body does not meet within the 45 Days or within
the mutually agreed to extension of time following receipt of a Claim sent by
registered mail or certified mail, return receipt requested, the City shall have up to
three (3) Days following the next duly publicly noticed meeting of the City’s
governing body after the 45-Day period, or extension, expires to provide the
Contractor a written statement identifying the disputed portion and the undisputed
portion.
2. Within 30 Days of receipt of a Claim, the City may request in writing additional
documentation supporting the Claim or relating to defenses or Claims the City may
have against the Contractor. If additional information is thereafter required, it shall
be requested and provided pursuant to this subdivision, upon mutual agreement
of the City and the Contractor. The City’s written response to the Claim, as further
documented, shall be submitted to the Contractor within 30 Days (if the Claim is
less than $50,000, within 15 Days) after receipt of the further documentation, or
within a period of time no greater than that taken by the Contractor in producing
the additional information or requested documentation, whichever is greater.
F. Meet and Confer. If the Contractor disputes the City’s written response, or the City
fails to respond within the time prescribed, the Contractor may so notify the City, in
writing, either within 15 Days of receipt of the City’s response or within 15 Days of
the City’s failure to respond within the time prescribed, respectively, and demand in
writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand, the City shall schedule a meet and confer
conference within 30 Days for settlement of the dispute.
G. Mediation. Within 10 business days following the conclusion of the meet and confer
conference, if the Claim or any portion of the Claim remains in dispute, the City shall
provide the Contractor a written statement identifying the portion of the Claim that
remains in dispute and the portion that is undisputed. Any payment due on an
undisputed portion of the Claim shall be processed and made within 60 Days after
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the City issues its written statement. Any disputed portion of the Claim, as identified
by the Contractor in writing, shall be submitted to nonbinding mediation, with the City
and the Contractor sharing the associated costs equally. The public entity and
Contractor shall mutually agree to a mediator within 10 business days after the
disputed portion of the Claim has been identified in writing, unless the parties agree
to select a mediator at a later time.
1. If the parties cannot agree upon a mediator, each party shall select a mediator and
those mediators shall select a qualified neutral third party to mediate with regard
to the disputed portion of the Claim. Each party shall bear the fees and costs
charged by its respective mediator in connection with the selection of the neutral
mediator.
2. For purposes of this Article, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an
independent third party or board assists the parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform
to the timeframes in this Article.
3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
4. The mediation shall be held no earlier than the date the Contractor completes the
Work or the date that the Contractor last performs Work, whichever is earlier. All
unresolved Claims shall be considered jointly in a single mediation, unless a new
unrelated Claim arises after mediation is completed.
H. Procedures After Mediation. If following the mediation, the Claim or any portion
remains in dispute, the Contractor must file a Claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of
Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.
For purposes of those provisions, the running of the period of time within which a
Claim must be filed shall be tolled from the time the Contractor submits his or her
written Claim pursuant to subdivision (a) until the time the Claim is denied, including
any period of time utilized by the meet and confer conference.
I. Civil Actions. The following procedures are established for all civil actions filed to
resolve Claims of $375,000 or less:
1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive
pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to
commencement of the action in accordance with Public Contract Code section
9204 and the terms of this Contract. The mediation process shall provide for the
selection within 15 Days by both parties of a disinterested third person as mediator,
shall be commenced within 30 Days of the submittal, and shall be concluded within
15 Days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
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2. If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of
the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The
Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter
3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding
brought under this subdivision consistent with the rules pertaining to judicial
arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title
3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be
experienced in construction law, and (B) any party appealing an arbitration award
who does not obtain a more favorable judgment shall, in addition to payment of
costs and fees under that chapter, also pay the attorney’s fees on appeal of the
other party.
J. Government Code Claim Procedures.
1. This Article does not apply to tort claims and nothing in this Article is intended nor
shall be construed to change the time periods for filing tort claims or actions
specified by Chapter 1 (commending with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the
Government Code.
2. In addition to any and all requirements of the Contract Documents pertaining to
notices of and requests for adjustment to the Contract Time, Contract Price, or
compensation or payment for Additional Work, disputed Work, construction claims
and/or changed conditions, the Contractor must comply with the claim procedures
set forth in Government Code Section 900, et seq. prior to filing any lawsuit against
the City.
3. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved
after all procedures pertaining to adjustment of the Contract Time or Contract Price
for Additional Work, disputed Work, construction claims, and/or changed
conditions have been followed by Contractor. If Contractor does not comply with
the Government Code claim procedure or the prerequisite contractual
requirements, Contractor may not file any action against the City.
4. A Government Code claim must be filed no earlier than the date the Work is
completed or the date the Contractor last performs Work on the Project,
whichever occurs first. A Government Code claim shall be inclusive of all
unresolved Claims known to Contractor or that should reasonably by known
to Contractor excepting only new unrelated Claims that arise after the
Government Code claim is submitted.
K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the
time periods described in this Article or to otherwise meet the time requirements of
this Article shall result in the Claim being deemed rejected in its entirety, and shall
not constitute a waiver of any rights under this Article.
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ARTICLE 10 - MEASUREMENT; PAYMENT
10.1 Cost Breakdown.
A. Lump Sum Work.
1. Contractor shall furnish on forms approved by the City within ten (10) Days of the
Notice to Proceed, a schedule of values allocating the entire Contract Price to the
various portions of the Work and prepared in such a form and supported by such
data to substantiate its accuracy as the Engineer may require. This schedule of
values, unless objected to by the Engineer, shall be used as a basis for reviewing
the Contractor’s applications for payment. Contractor shall submit the schedule of
values prior to submitting its first application for payment, and the City will not issue
any payment until it receives and approves the schedule of values.
B. Unit Price Work.
1. Where the Contract Documents provide that all or part of the Work is to be Unit
Price Work, initially the Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each separately identified
item of Unit Price Work multiplied by the estimated quantity of each item as
indicated in the Contract. The estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of comparison of Bids and
determining an initial Contract Price. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover Contractor’s overhead
and or profit for each separately identified item.
2. Unless otherwise specified, payment will be based on the actual quantities of Work
as verified and approved by the Engineer, based on the price per unit as set forth
in the Bid.
3. The City or Contractor may initiate a Change Order or Change Order Request to
adjust the Contract Price in accordance with Contractor Documents based on
actual quantities of Unit Price Work. The City or Contractor may make a claim for
an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor
differs by twenty-five percent (25%) or more from the estimated quantity of
such item indicated in the Contract; and
b. there is no corresponding adjustment with respect to any other item
of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit
price as a result of having incurred additional expense or the City believes
that the City is entitled to a decrease in unit price and the parties are unable
to agree as to the amount of any such increase or decrease.
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10.2 Progress Estimates and Payment.
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to
Engineer a payment request which shall set forth in detail the value of the Work done
for the period beginning with the date Work was first commenced and ending on the
end of the calendar month for which the payment request is prepared. Contractor
shall include an adjusted list of actual quantities, verified by the Engineer, for unit
price items listed, if any, in the Bid. Contractor shall include any amount earned for
authorized Additional Work. Contractor shall certify under penalty of perjury, that all
cost breakdowns and periodic estimates accurately reflect the Work on the Project.
B. From the total thus computed, a deduction shall be made in the amount of five
percent (5%) for retention, except where the City has adopted a finding that the Work
done under the Contract is substantially complex, and then the amount withheld as
retention shall be the percentage specified in the Notice Inviting Bids. From the
remainder a further deduction may be made in accordance with Section C below.
The amount computed, less the amount withheld for retention and any amounts
withheld as set forth below, shall be the amount of the Contractor’s payment request.
C. The City may withhold a sufficient amount or amounts of any payment or payments
otherwise due to Contractor, as in its judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against Contractor
or any Subcontractors for labor or materials furnished in and about the
performance of work on the Project under this Contract.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to his Subcontractor or for material
or labor.
4. Completion of the Contract if there is a reasonable doubt that the Work can be
completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the Count for claims against Contractor.
7. Failure of Contractor to keep the Record Drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
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D. The City may apply such withheld amount or amounts to payment of such claims or
obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of
this Article, which must be retained or applied in accordance with applicable law. In
so doing, the City shall be deemed the agent of Contractor and any payment so
made by the City shall be considered as a payment made under contract by the City
to Contractor and the City shall not be liable to Contractor for such payments made
in good faith. Such payments may be made without prior judicial determination of
claim or obligations. The City will render Contractor a proper accounting of such
funds disbursed on behalf of Contractor.
E. Upon receipt, the Engineer shall review the payment request to determine whether
it is undisputed and suitable for payment. If the payment request is determined to
be unsuitable for payment, it shall be returned to Contractor as soon as practicable
but not later than seven (7) Days after receipt, accompanied by a document setting
forth in writing the reasons why the payment request is not proper. The City shall
make the progress payment within 30 Days after the receipt of an undisputed and
properly submitted payment request from Contractor, provided that a release of liens
and claims has been received from the Contractor pursuant to Civil Code section
8132. The number of days available to the City to make a payment without incurring
interest pursuant to this paragraph shall be reduced by the number of Days by which
the Engineer exceeds the seven (7) Day requirement.
F. A payment request shall be considered properly executed if funds are available for
payment of the payment request and payment is not delayed due to an audit inquiry
by the financial officer of the City.
G. The City shall have the right to adjust any estimate of quantity and to subsequently
correct any error made in any estimate for payment.
10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City
a written statement of the final quantities of unit price items for inclusion in the final
payment request. The City shall have the right to adjust any estimate of quantity
and to correct any error made in any estimate for payment.
B. When the Work has been accepted there shall be paid to Contractor a sum equal to
the Contract Price less any amounts previously paid Contractor and less any
amounts withheld by the City from Contractor under the terms of the Contract. The
final five percent (5%), or the percentage specified in the Notice Inviting Bids where
the City has adopted a finding of substantially complete, shall not become due and
payable until as required by Public Contract Code section 7107. If the Contractor
has placed securities with the City as described herein, the Contractor shall be paid
a sum equal to one hundred percent (100%) of the Contract Price less any amounts
due the City under the terms of the Contract.
C. Unless Contractor advises the City in writing prior to acceptance of the final five
percent (5%) or the percentage specified in the Notice Inviting Bids where the City
has adopted a finding of completion, or the return of securities held as described
herein, said acceptance shall operate as a release to the City of all claims and all
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liability to Contractor for all things done or furnished in connection with this Work and
for every act of negligence of the City and for all other claims relating to or arising
out of this Work. If Contractor advises the City in writing prior to acceptance of final
payment or return of the securities that there is a dispute regarding the amount due
the Contractor, the City may pay the undisputed amount contingent upon the
Contractor furnishing a release of all undisputed claims against the City with the
disputed claims in stated amounts being specifically excluded by Contractor from the
operation of the release. No payments, however, final or otherwise, shall operate to
release Contractor or its sureties from the Faithful Performance Bond, Labor and
Material Payment Bond, or from any other obligation under this Contract.
D. In case of suspension of the Contract any unpaid balance shall be and become the
sole and absolute property of the City to the extent necessary to repay the City any
excess in the cost of the Work above the Contract Price.
E. Final payment shall be made no later than 60 Days after the date of acceptance of
the Work by the City or the date of occupation, beneficial use and enjoyment of the
Work by the City including any operation only for testing, start-up or commissioning
accompanied by cessation of labor on the Work, provided that a release of liens and
claims has been received from the Contractor pursuant to Civil Code section 8136.
In the event of a dispute between the City and the Contractor, the City may withhold
from the final payment an amount not to exceed 150% of the disputed amount.
F. Within ten (10) Days from the time that all or any portion of the retention proceeds
are received by Contractor, Contractor shall pay each of its Subcontractors from
whom retention has been withheld each Subcontractor’s share of the retention
received. However, if a retention payment received by Contractor is specifically
designated for a particular Subcontractor, payment of the retention shall be made to
the designated Subcontractor if the payment is consistent with the terms of the
subcontract.
ARTICLE 11 - MISCELLANEOUS
11.1 Patents.
A. Contractor shall hold and save the City, officials, officers, employees, and authorized
volunteers harmless from liability of any nature or kind of claim therefrom including
costs and expenses for or on account of any patented or unpatented invention,
article or appliance manufactured, furnished or used by Contractor in the
performance of this Contract.
11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and
the Contractor shall be subject to examination and audit by the State Auditor General
for a period of three (3) years after final payment.
B. Contractor shall make available to the City any of the Contractor’s other documents
related to the Project immediately upon request of the City.
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C. In addition to the State Auditor rights above, the City shall have the right to examine
and audit all books, estimates, records, contracts, documents, bid documents,
subcontracts, and other data of the Contractor (including computations and
projections) related to negotiating, pricing, or performing the modification in order to
evaluate the accuracy and completeness of the cost or pricing data at no additional
cost to the City, for a period of four (4) years after final payment.
11.3 Notice.
A. All notices shall be in writing and either served by personal delivery or mailed to the
other party. Written notice to the Contractor shall be addressed to Contractor’s
principal place of business unless Contractor designates another address in writing
for service of notice. Notice to the City shall be addressed to the City as designated
in the Notice Inviting Bids unless the City designates another address in writing for
service of notice. Notice shall be effective upon receipt or five (5) Days after being
sent by first class mail, whichever is earlier. Notice given by facsimile shall not be
effective unless acknowledged in writing by the receiving party.
11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor
with timely notification of the receipt of any third-party claims relating to the Contract.
The City is entitled to recover reasonable costs incurred in providing such
notification.
11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’
State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4)
years of the date of the alleged violation. A complaint regarding a latent act or
omission pertaining to structural defects must be filed within ten (10) years of the
date of the alleged violation. Any questions concerning a contractor may be referred
to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento,
California 95826.
11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the
rights or title of interest of any or all of this contract without the prior written consent
of the City. Any assignment or change of Contractor’s name of legal entity without
the written consent of the City shall be void. Any assignment of money due or to
become due under this Contract shall be subject to a prior lien for services rendered
or material supplied for performance of Work called for under the Contract
Documents in favor of all persons, firms, or corporations rendering such services or
supplying such materials to the extent that claims are filed pursuant to the Civil Code,
the Code of Civil Procedure or the Government Code.
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11.7 Change In Name And Nature Of Contractor’s Legal Entity.
A. Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken
to have the change reflected on the Contract and all related documents. No change
of Contractor’s name or nature will affect the City’s rights under the Contract,
including but not limited to the bonds.
11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of
City to negotiate, supervise, make, accept, or approve, or to take part in negotiating,
supervising, making, accepting or approving any engineering, inspection,
construction or material supply contract or any subcontract in connection with
construction of the project, shall be or become directly or indirectly interested
financially in the Contract.
11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any subcontractor, supplier,
or other person or organization performing any part of the Work, this Contract shall
be governed by the law of the State of California excluding any choice of law
provisions.
11.10 Jurisdiction; Venue
A. Contractor and any subcontractor, supplier, or other person or organization
performing any part of the Work agrees that any action or suits at law or in equity
arising out of or related to the bidding, award, or performance of the Work shall be
maintained in the Superior Court of San Bernardino County, California, and
expressly consent to the jurisdiction of said court, regardless of residence or
domicile, and agree that said court shall be a proper venue for any such action.
11.11 Cumulative Remedies.
A. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to the parties hereto are in addition to, and are not to
be construed in any way as a limitation of, any rights and remedies available to any
or all of them which are otherwise imposed or available by Applicable Laws, by
special warranty or guarantee, or by other provisions of the Contract Documents.
The provisions of this Article will be as effective as if repeated specifically in the
Contract Documents in connection with each particular duty, obligation, right, and
remedy to which they apply.
11.12 Survival of Obligations.
A. All representations, indemnifications, warranties, and guarantees made in, required
by, or given in accordance with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive final payment,
completion, and acceptance of the Work or termination or completion of the Contract
or termination of the services of Contractor.
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11.13 Headings.
A. Article and paragraph headings are inserted for convenience only and do not
constitute parts of these General Conditions.
11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor
and Subcontractors must conform to the following requirements:
1. In entering into a public works contract or a subcontract to supply goods, services,
or materials pursuant to a public works contract, Contractor or Subcontractor offer
and agree to assign to the awarding body all rights, title, and interest in and to all
causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of
Division 7 of the Business and Professions Code) arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract.
2. This assignment must be made and become effective at the time the awarding
body tenders to Contractor, without further acknowledgment by the parties.
11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, rules and regulations bearing on conduct of work as indicated and
specified by their terms. References to specific laws, rules or regulations in this
Contract are for reference purposes only, and shall not limit or affect the applicability
of provisions not specifically mentioned. If Contractor observes that drawings and
specifications are at variance therewith, he shall promptly notify City in writing and
any necessary changes shall be adjusted as provided for in this Contract for changes
in Work. If Contractor performs any Work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to City, he shall bear all
costs arising therefrom.
B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act
(“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with
ADA laws, rules and regulations. Contractor shall comply with the Historic Building
Code, including, but not limited to, as it relates to the ADA, whenever applicable.
C. Contractor acknowledges and understands that, pursuant to Public Contract Code
section 20676, sellers of "mined material" must be on an approved list of sellers
published pursuant to Public Resources Code section 2717(b) in order to supply
mined material for this Contract.
D. No City official or representative who is authorized in such capacity and on behalf of
City to negotiate, supervise, make, accept, or approve, or to take part in negotiating,
supervising, making, accepting or approving any engineering, inspection,
construction or material supply contract or any subcontract in connection with
construction of the Work, shall be or become directly or indirectly interested
financially in the Contract.
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E. All provisions of law required to be inserted in the Contract or Contract Documents
pursuant to any Applicable Laws shall be and are inserted herein. If through mistake,
neglect, oversight, or otherwise, any such provision is not herein inserted or inserted
in improper form, upon the application of either party, the Contract or Contract
Documents shall be changed by City, at no increase in Contract Price or extension
in Contract Times, so as to strictly comply with the Applicable Laws and without
prejudice to the rights of either party hereunder
11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be
executed by electronic or digital signature, which shall be considered as an original
signature for all purposes and shall have the same force and effect as an original signature
ARTICLE 12 -– FLEET COMPLIANCE
12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors
comply, with all requirements of the most current version of the California Air Resources
Board (“CARB”) including, without limitation, all applicable terms of Title 13, California
Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for
inspection and copying any and all documents or information associated with Contractor’s
and subcontractors’ fleet including, without limitation, the CRCs, fuel/ref ueling records,
maintenance records, emissions records, and any other information the Contractor is
required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar
days’ notice from the City.
12.3 Contractor shall be solely liable for any and all costs associated with complying with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with
any and all violations, or failures to comply with the Regulation. Contractor shall defend,
indemnify and hold harmless the City, its officials, officers, employees and authorized
volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising
out of any failure or alleged failure to comply with the Regulation.
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00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK
1.1 Location of the Project.
A. Gutierrez Park: 1337 N. Mt. Vernon Ave. (Mt. Vernon Ave. and W. 14th Street)
San Bernardino, CA 92411
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1.2 Scope of Work.
The Scope of Work consists of replacing Ballfield fences, Asphalt paving and striping of the
parking lot, widening existing sidewalk, adding sidewalk, adding driveway approach,
concrete paving of the bleachers area, adding team benches, new roofing on the
concession building, new location for electrical stub-up for the concession building. (see
details on bid schedules).
ARTICLE 2 - MODIFICATIONS TO THE GENERAL CONDITIONS
2.1 Section 2.12 Mobilization
Paragraph B.8 add the following:
No storage of equipment or materials will be allowed on private property, unless written
permission has been provided to City, or in street right-of-way.
2.2 Section 5.5 Safety
Section 5.5.A states, “Contractor to notify owners of adjacent property and of Underground
Facilities and other utility owners when prosecution of the work may affect them.” The following
requirements will be added to Section 5.5.A. The following list of individuals or entities, which
are known to have facilities in the area to be improved is merely for the Contractor's information
and may or may not be complete or inclusive:
City of San Bernardino (Engineering)------------------------------------(909) 384-5019
Southern California Edison, Ben Murguia-------------------------------(909) 307-6788
Southern California Gas Company, Devry Jennings-------------------(909) 335-7772
San Bernardino Municipal Water Department, Mike Nevarez------(909) 384-5092
Verizon Communications, Control Desk--------------------------------(909) 784-6655
AT&T, Rosemary Hamill--------------------------------------------------(916) 799-4642
Underground Service Alert------------------------------------------------(800) 227-2600
California Department of Transportation-------------------------------(909) 383-6920
2.3 Section 5.10 Water Quality Management and Compliance
Section 5.10 of the General Conditions requirement for SWPPP shall not be required, flow chart
[Const_LUP_Flowchart_DetPrjCov (ca.gov)] finds this project to be exempt, the following
requirements will be added to Section 5.10:
“Water Pollution Control,” of the Standard Specifications, and as amended by these Special
Conditions, shall be considered as included in the lump sum bid item price for “WATER
POLLUTION CONTROL BEST MANAGEMENT PRACTICES (BMP)”, which price shall include
full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all
work involved to establish, implement, monitor and maintain the BMP’s required by the SWPPP,
and no additional compensation shall be allowed therefore. The Contractor shall be responsible
for payment of any administrative fines that may be imposed on the City due to the Contractor’s
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failure to comply with the terms of the applicable permits regulating Water Pollution Control.
Administrative fines, if imposed, will be withheld from the Contractor’s payments.
2.4 Section 5.27 Work Site
Section 5.27 Work Site, shall add the following requirements:
The contractor shall notify all residents and business owners, in writing (both in English and in
Spanish), of his proposed operations and schedule. Notice shall be delivered at least ten (10)
working days prior to start of construction. The contractor shall prepare a letter for this purpose
and submit the letter to the Engineer for approval at least five (5) working days prior to the date
needed for its circulation. The Contractor shall be responsible for reproduction and distribution
of the letters. The time to notify in advance shall be coordinated with the City inspector.
Project sign board shall be in-placed in advance (30 days after Notice to Proceed, NTP) prior to
any start of construction. Check with the City as to how far in advance to have the project
signage to be in-placed. See Attachment.
The Contractor shall follow: Greenbook 2021, Section 302-3.8, pages 317; Greenbook 2021,
Section 302-4.7, page 322, and Greenbook 2021, PART 6 TEMPORARY TRAFFIC CONTROL
SECTION 600-ACCESS, All of Sections 600 and 601, that apply to this project, pages 543 to
550. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in
advance of closing of driveways.
Re-notification will be required if the Contractor’s schedule is altered or other delays occur,
which significantly affects the scheduled work. Then, it shall be at Contractor’s expense.
2.5 Section 5.29 Protection of Work and Property
Add Paragraph H and add the following:
The Contractor shall provide sufficient barricades, delineators and ribbon at each location to
adequately protect the new and fresh concrete surfaces from vandalism and unauthorized
markings. Newly poured and finished concrete areas shall be delineated or cordoned off with
tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the
fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff
marks) in the new sidewalk surfaces are not acceptable, and may be cause for rejection. All
such areas rejected due to such cause shall be removed and replaced at the Contractor’s
expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be
considered as incidental to the cost of the work and no additional compensation will be allowed
therefore.
END OF SPECIAL CONDITIONS
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SPECIFICATIONS
SECTION 32 31 00 - CHAIN LINK FENCING
PART 1 GENERAL
1. RELATED DOCUMENTS
a. The requirements of Section 206-6 “Chain Link Fence”, Section 304-3 “Chain Link
Fence” of the "Standard Specifications for Public Works Construction," latest edition,
shall apply except as modified herein.
2. SCOPE
a. Work of this Section includes all material, equipment, and labor incidental to completing
all Chain Link Fence work complete as indicated on the Drawings and designated herein,
including but not limited to, the following:
1) Fence fabric, posts, rails, braces, and other appurtenances.
2) Backstop fabrication.
3) Excavation for foundations.
4) Concrete foundations for post and cane bolts.
5) Gates and related hardware.
6) Signage for court identification.
7) Wind screening.
3. RELATED WORK SPECIFIED ELSEWHERE
a. Concrete: Section 03 30 00
b. Metal Fabrications Section 05 50 00
4. STANDARDS
a. Materials and workmanship shall conform to the requirements of all applicable building
codes, except that requirements specified herein shall govern where they exceed those
in the Building Code. Refer and comply with the provisions of the following Standards,
except as otherwise shown or specified:
1) Chain Link Fence Manufacturers Institute (CLFMI) - Voluntary Standard for Chain
Link Fence Installation.
2) ASTM A120 - Hot Dip Zinc Coated (Galvanized) Welded and Seamless Steel Pipe.
3) ASTM A123 - Zinc (Hot-Galvanized Coatings on Products Fabricated from Rolled,
Pressed and Forged Steel Shapes, Bars, and Strip).
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5. QUALITY ASSURANCE
a. Use adequate numbers of skilled workmen who are thoroughly trained and experienced
in the necessary crafts and who are completely familiar with the specific requirements
and the methods needed for proper performance of the work of this section.
b. Contractor shall verify drawing dimensions with actual field conditions. Inspect related
work and adjacent surfaces. Report to the Landscape Architect all conditions which
prevent proper execution of this work.
6. SUBMITTALS
a. All submittals shall be furnished in quadruplicate and received at least thirty (30) days
prior to commencing any work of this Section. Shop Drawings shall be furnished in
accordance with Section 2-5.3 of the Standard Specifications.
1) Shop Drawings: Chain link fencing and baseball backstop require shop drawings.
Clearly indicate layout in both plan and elevation views showing spacing of
components, accessories, fitments, foundation sizes, backstop fabrication, gate
locations and sizes, direction of swing, line and end posts, light poles being
incorporated into the fencing and all tensioning devices and braces.
2) Provide court signage blanks with dimensions showing mounting hole locations
and size, and method of attachment to gate.
3) Materials list: Submit a complete list of all materials proposed to be furnished and
installed under this Section, demonstrating complete conformance with the
requirements specified.
4) Color samples (four sets).
a) Windscreen fabric (If Applicable).
b) Court signage numbers and letters.
5) Product data sheets: Submit data sheets for all materials of this section for which
substitutions are proposed.
PART 2 MATERIALS
All materials for chain link fencing shall conform to Section 206-6 of the standard
specifications except as modified herein.
1. GENERAL
a. No advertising signage, impression, stamp, or mark of any description will be permitted
on the fence.
2. COMPONENTS
a. Posts, Rails and Frames: All tubular members shall comply with provision of
ASTM -A120 for weight and coating. All structural shapes shall comply with provisions
of ASTM - A123 for galvanized coating.
1) Fencing less than six feet (6') in height:
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a) Line Posts: 1,900 inch O.D., 2.72 lbs./ft., roll formed sections.
b) Corner, Sliding Gate, Pull and Terminal Posts: 2.375 inch O.D., 3.65 lbs/ft.
roll formed sections.
c) Top and Brace Rail: 1.660 inch O.D., 2.72 lbs/ft., plain end, sleeve coupled,
roll formed sections.
d) Gate Frame: 1.900 inch O.D., 2.72 lbs./ft.
2) Fencing between six feet (6') and over, but less than ten feet (10') in height.
a) Line Posts: 2.375 inch O.D., 3.65 lbs./ft.
b) Corner, Sliding Gate, Pull Terminal Posts: 2.875 inch O.D., 5.79 lbs./ft.
c) Top and Brace Rail: 1.900 inch O.D., 2.72 lbs./ft.
d) Gate Frame: 1.900 inch O.D., 2.72 lbs./ft.
3) Fencing between ten feet and twelve feet, with or without wind-screening:
a) Line Posts: 2.875 inch O.D., 2.72 lbs./ft.
b) Corner, Sliding Gate, Pull and Terminal Posts: 3.5 inch O.D., 7.58 lbs./ft.
c) Top, Mid and brace Rail: 1.900 inch O.D., 2.72 lbs./ft.
d) Gate Frame: 1.900 O.D., 2.72 lbs./ft.
4) Swing Gate Posts:
a) Gate leaves up to and including 6'-0" wide: 2.875 inch O.D., 5.79 lbs./ft
b) Gate leaves over 6'-0" and up to and including 13'-0" wide: 4 inch O.D., 9.10
lbs/ft.
c) Gate leaves over 13'-0" and up to and including 18'-0": 6-5/8 inch O.D., 18.97
lbs./ft.
5) Post should not extend 10’-0” between posts
b. Caps: Cast or pressed steel or malleable iron, hot dip galvanized, sized to post
dimension, set screw retained. Where top rail is specified, use caps that permit pass
through of top rail.
c. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings, are all to
be galvanized steel.
d. Fabric: Interwoven 9 gage knuckled selvage top and bottom, two inch (2") diamond
mesh. Heavy galvanized finish - 2.0 ounces zinc per square foot complying with
ASTM-A392, Class II. Provide black vinyl coating where specified on plans.
e. Bottom tension wire: 7-gage galvanized coil spring wire.
f. Swing Gate hardware:
1) Hinges: Pressed steel of malleable iron to suit gate size, non-lift off type,
offset to permit 180 degree gate opening.
2) Latch: Fork type with integral padlock eye heavy duty malleable iron.
3) Cane Bolt: 2-piece spring loaded drop bolt with sleeved concrete gate center rest.
a) Sliding Gate: Aluminum cantilever sliding gate. Gate frame shall be two
inches square (2" sq.) aluminum tubing welded at all corners.
b) Fabric Ties: 9-gage galvanized steel post ties and 11-gage hog ring tension
wire ties. Aluminum ties are not approved.
c) Stretcher Bars: Galvanized high carbon steel bars not smaller than 3/16" x
3/4." Stretcher bar bands to be heavy pressed steel or malleable iron spaced
no more than fifteen inches (15") oc.
d) Gate Diagonal brace: 3/8" diameter adjustable length truss rods.
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e) Post Foundation Concrete: Class 470-B-2000 in accordance with the
Standard Specifications.
3. COURT SIGNAGE
a. Court identification signs shall be anodized aluminum blanks covered with engineer
grade scotch-lite face (white), with two inch (2") high letters ("Court") and six inch (6")
high numbers ("1", "2"), etc.). Letters and numbers are to be standard size,
approximately 12" square by .063" thick.
4. WINDSCREEN
a. Windscreens shall be VCP fabric. Fabric shall be an open mesh, 50% polyester, 50%
vinyl, with windbreak performance factor of 70%. The fabric shall weigh 7 oz. per square
yard with a rated tensile strength of 230 x 200. Fabric weave shall be 9 x 12 thread per
inch. Hems shall be minimum 1-1/2" wide, reinforced, double sewn with heavy duty
polyester thread. Grommets shall be #2 brass spaced at no more than eighteen inches
(18") oc along horizontal hems and twelve inches (12") oc along vertical hems. Single
fabric panels nine feet or larger in height shall have a center reinforcing tape fence
hemmed in place with brass grommets. Fabric color shall be green, submit samples for
recommended approval. Panels shall have factory sewn, reinforced air vents at ten feet
(10') oc. Fasteners shall be #3 x 9 gage hog rings.
PART 3 EXECUTION
1. INSTALLATION
a. Install all posts, rails, and fabric to provide a rigid structure. Use manufacturer's standard
length (+ 20') rails. Use standard fittings, fasteners, and hardware. Gates shall be full
height of fence unless otherwise shown on the plans. Fence shall be six feet (6'-0") high
unless otherwise shown on the plans. ten feet (10’-
0”)
b. Install post sleeves, set sleeves in concrete footings, extending 4”.
B.1 Install posts in sleeves minimum 2;-0” & rivet anchor together.
c. Connect rails to posts to form continuous bracing from end to end of each run of fence.
Provide mid-rail for all fencing ten feet (10') high and taller, and on six foot (6') high fence
where indicated.
d. `Fasten fabric to posts, rails, and braces with ties maximum twelve inches (12") on
center. Fasten fabric to tension wire with hog rings at maximum twelve inches (12") oc.
e. Attach fabric to end, corner, gate, and pull posts and gate frame ends with stretcher bars
and stretcher bar bands.
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f. Stretch fabric between posts and rails.
g. Install gates using fabric to match fence. Install three (3) hinges per leaf, and one latch
per gate. Provide diagonal braces on all gate leaves.
h. Provide cane bolt with sleeved socket and concrete center rest at center of all double
gate openings.
i. Provide each Futsal court with one identification sign. Install court identification signs at
eye level on the exterior of the pedestrian gate to each court. Signs shall be attached to
the chain link using hog rings.
j. Install windscreen fabric to portions of fence and gates as shown on the plans, and per
manufacturer’s recommendations.
2. CLEAN-UP
a. Upon completion of work of this section, the Contractor shall remove all equipment,
excess material, and waster products from the site.
3. PAYMENT TERMS
a. Payment for chain-link fencing will be at the Linear Feet price. Install 10’ high chain link
fence. Payment shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work in chainlink fencing as herein
specified. A 10% retention shall apply to all chainlink fencing work.
END OF SECTION
Article I. CONSTRUCTION BID ITEMS
Each respective bid item and bid schedule as shown on the proposal form shall comply with
all respective sections of the most current edition of Standard Specifications for Public
Works Construction (Green Book), its supplements, and any other publications as specified.
If there is a conflict between these inclusions and the Standard Specifications, these inclusions
shall have precedence.
BID DESCRIPTIONS – BID SCHEDULE 1
Article II. BID ITEM 1 - MOBILIZATION:
This bid item shall conform to the provisions in Section 9-3.4, “Mobilization”, of the
Standard Specifications of Public Works Construction, 2021 edition, and these special
provisions.
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Mobilization may include, but not be limited to, the following principal items:
1. Submittal and modification, as required, of the Construction Schedule.
2. Providing a Project Office (if needed)
3. Review of the Site.
4. Obtaining all required Transportation Permits.
5. Submittal of all required insurance certificates and bonds as required by
these Specifications.
6. Moving onto the site, including, but not limited to:
A. Equipment
B. Arranging for and erection of Contractor’s work and storage areas.
7. Installing construction fencing and temporary construction power and wiring.
Providing a minimum of one restroom facility for each twenty-five (25)
workers occupying the site. Facilities may include existing functioning restrooms,
or portable chemical facilities, or any combination thereof, and shall count as one
for each urinal or one for each water closet (as required).
9. Installing all temporary utilities (as required).
10. Establishing required fire protection provisions – If applicable.
11. Posting all OSHA required notices and establishment of safety programs.
12. Posting of all Department of Labor notices.
13. Having the Contractor’s superintendent at the job site full-time and responding
24 hours per day.
14. Air and water quality protective measures, as necessary, and without limitation.
15. Potholing and other research and review as necessary to verify site conditions and
utility locations.
16. Demobilization of the Site.
17. Any other item as specified.
The cost of bonds, insurance, move in and move out costs, preparation and submission
of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall
be Included in the Bid Item provided for mobilization and demobilization and incidental project
costs as a Lump Sum item, for which 75 percent (75%) will be eligible for inclusion in the first
progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100
percent (100%) of the work has been completed and if progress of the work is satisfactory.
No work shall be started without prior approval of the submittals. Failure to comply with the
preceding requirement will be sufficient ground for the Engineer to stop all work on the project
until the requirements are met.
Measurement and Payment for this bid item, “MOBILIZATION,” shall be paid per Lump Sum (LS)
and shall be considered as full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved in Mobilization per project plans and specifications;
no additional compensation will be allowed.
BID ITEMS 2 – NOT USED
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BID ITEM 3 - REMOVE FENCE, POSTS, FOOTINGS TO MAKE ROOM FOR WIDER
SIDEWALK
This bid item shall consist of removal of the existing chain link fence, including posts and
footings in the North-West end of the park, so that a wider sidewalk can be constructed.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 4 - REMOVE EXISTING DRIVEWAY APPROACH
This bid item shall consist of removal of the existing Driveway Approach at the North-East end
of the parking lot. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 5 - CUT/REMOVE BOLLARDS & HORIZONTAL CONNECTORS AS
SHOWN ON PLAN TO MAKE ROOM FOR WIDER SIDEWALK
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 6 - CONSTRUCT 6' WIDE PCC SIDEWALK PER CITY STD. NO. 202 “A”,
USE CONCRETE CLASS 560-C-3250, 95% SUBGRADE COMPACTION
Concrete class should be 560-C-3250. Nothing in these Special Provisions shall relieve the
Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard
Specifications.
Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
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incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 7 - CONSTRUCT PCC DRIVEWAY APPROACH TO THE PARKING LOT
PER PLAN AND SPECIFICATION. USE CONCRETE CLASS 560-C-3250
This bid item shall consist of constructing one way driveway approaches. Nothing in these
Special Provisions shall relieve the Contractor from his responsibilities as provided in Section
5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 8 - REMOVE EXISTING, AND CONSTRUCT 4” OF ASPHALT
PAVEMENT. 95% SUBGRADE COMPACTION
This bid item shall consist of removing existing pavement and constructing 4” thick Asphalt
Pavement. Subgrade to be compacted to 95%. Nothing in these Special Provisions shall relieve
the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard
Specifications.
Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 9 - FURNISH AND INSTALL NEW 6’ HIGH CHAIN LINK FENCE.
This bid item shall consist of installing 6’ high chain link fence including posts and footings as
part of the perimeter fence along 14th Street that allows widening of the sidewalk. Nothing in
these Special Provisions shall relieve the Contractor from his responsibilities as provided in
Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
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BID ITEM 10 - APPLY 4” WIDE THERMOPLASTIC REFLECTIVE WHITE STRIPING,
AND BLUE BORDERS FOR HANDICAP PATH PER 2023 CALTRANS STANDARD
A90A AND ISA MARKING PER SPECIFICATION AND PROJECT PLANS.
This bid item shall consist of striping for handicap path of travel , and handicap marking on the
pavement in the parking stall. Nothing in these Special Provisions shall relieve the Contractor
from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 11 - APPLY 4” WIDE THERMOPLASTIC REFLECTIVE WHITE STRIPING
FOR 9 PARKING STALLS AND 2 ARROWS PER SPECIFICATION AND PROJECT
PLANS.
This bid item shall consist of striping for nine parking spaces, and two arrows as shown on plan
for direction of travel for vehicles. Nothing in these Special Provisions shall relieve the Contractor
from his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 12 - FURNISH AND INSTALL DISABLED PARKING SIGN PER
CALTRANS R99C(CA).
This bid item shall consist of furnishing and installing one handicap parking sign per plan ans
specification. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 13 - FURNISH AND INSTALL CURBS OR PARKING BUMPERS.
Work specified in this section includes providing all materials and performing all
operations to install, Curbs or Parking Blocks to prevent encroachment of
vehicles over the width of walkways, as specified in these Special Provisions.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall
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be considered as full compensation for furnishing all labor, materials, tools,
equipment, and incidentals for doing all work involved in installing Curbs or Parking
Bumpers per project plans and specifications; no additional compensation will be
allowed.
BID ITEM 14 - FURNISH AND INSTALL 4’ x 8’ PROJECT SIGN
Work specified in this section includes providing all materials and performing all
operations to fabricate, install, modify and/or relocate Project Information Sign, and as
specified in these Special Provisions. Submit a shop drawing for all sign panels, and the
Manufacturer's data for the Sign Panels.
MATERIALS
A. Project Information Signs shall be constructed per Caltrans specifications for
Plywood single sheet and laminated panel signs.
B. Color of signs, panels and lettering shall be as indicated on the drawing in these
specifications.
C. Sign Posts shall be constructed of wood and shall conform to the provisions of
section 56-2.02B, Caltrans.
D. Mounting Hardware shall be furnished by the Contractor and shall conform to the
provisions of section 56-2.02D, Caltrans.
INSTALLATION
For this contract, one (1) Project Information Sign shall be installed, relocated or
modified for each location as directed by the City Engineer and shall conform to
the provisions of sections 56-2.03, and 56-2.04, Caltrans.
Measurement and Payment:
The contract bid price paid to fabricate and install the signs including all ancillary
work be paid by the contract unit price paid per each sign (EA) and shall include
full compensation for providing all materials including post, digging the foundations
for the post, and restoring the area around the post during the duration of the
project. And restoring of the surrounding area after removal of the sign. This will
also include the removal of the signs and posts.
BID ITEM 15 - FURNISH AND INSTALL ROUND FIBERGLASS TRASH CANS
“BENSON OUTDOORS”, OR APPROVED EQUAL, BASE DIAMETER 20” MAX. TO
FIT IN THE EXISTING HOLDERS/ RINGS. SEE ATTACHED PICTURES.
This bid item shall consist of furnishing and installing round trash cans that will fit in the existing
rings/holders at both sides of the bleachers (see attached picture). Nothing in these Special
Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7
“Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
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incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 16 - UPGRADE (REMOVE AND REPLACE) BLEACHERS’ FOUNDATION
(LUMBER).
This bid item shall consist of removing and disposing the wooden supports underneath the
bleachers, and constructing similar new ones. Nothing in these Special Provisions shall relieve
the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard
Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 17 - FURNISH AND INSTALL APPROX. 6' HIGH CHAIN LINK FENCE AS
TRASH ENCLOSURE, OPEN ON THE WEST SIDE. SEE PLANS FOR LOCATION.
This bid item shall consist of furnishing and installing a chain link fence approximately 6’ high
and 6’ long to function as a trash enclosure for the trash bin. The west side of the enclosure will
be open. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities
as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 18 - LASER LEVELING INCLUDING MATERIAL (CLAY) FOR INFIELD,
PITCHING MOUND AND BASES (NO TURF AREA)
This bid item shall consist of laser leveling including material (clay) for above mentioned areas
except the turf area. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
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BID DESCRIPTOINS - BID SCHEDULE 2
BID ITEMS 1 - REMOVE 6' HIGH CHAIN LINK FENCE, DUGOUT FENCES,
BULLPEN FENCES, GATES, (NOT POSTS)
This bid item shall consist of removal of the existing 6’ High Chain Link Fence around the
perimeter of the playfield, including fences around the Dugouts and Bullpens, and the gates
thereof. Protect the posts/ footings in place. Nothing in these Special Provisions shall relieve
the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard
Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 2 - REMOVE 12' HIGH CHAIN LINK FENCE ON NORTH SIDE (NOT
POSTS)
This bid item shall consist of the removal of the existing 12’ High Chain Link Fence on the North
part of the playfield. Protect the posts/ footings in place. Nothing in these Special Provisions
shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the
Standard Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 3 - REMOVE 15' HIGH CHAIN LINK FENCE ON WEST SIDE (NOT
POSTS)
This bid item shall consist of the removal of the existing 15’ High Chain Link Fence on the West
part of the playfield. Protect the posts/ footings in place. Nothing in these Special Provisions
shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the
Standard Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
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BID ITEM 4 – REMOVE ASPHALT, BLEACHER’S AREA AND AROUND
CONCESSION BUILDING (AREA BETWEEN TWO FENCES, TO SOUTH LIMIT OF
THE PROPERTY). GRAVEL AREA NOT INCLUDED.
This bid item shall consist of removal of the existing Asphalt in the Bleachers area and around
the Concession Building all the way to the south limit of the property. The gravel area along the
existing perimeter fence to remain as is. Nothing in these Special Provisions shall relieve the
Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard
Specifications.
Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 5 - REMOVE AND DISPOSE DRINKING FOUNTAIN
This bid items shall consist of the removal and disposal of the existing drinking fountain in the
North side of the playfield. Nothing in these Special Provisions shall relieve the Contractor from
his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 6 - REMOVE AND DISPOSE DUGOUT BENCHES
This bid items shall consist of the removal and disposal of the existing team benches inside the
dugouts. Nothing in these Special Provisions shall relieve the Contractor from his responsibilities
as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 7 - REMOVE AND DISPOSE SCORE BOARD
This bid items shall consist of the removal and disposal of the existing score board. Nothing in
these Special Provisions shall relieve the Contractor from his responsibilities as provided in
Section 5-7 “Safety”, of the Standard Specifications.
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Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 8 – REMOVE AND DISPOSE ELECTRICAL BOX AND CONDUIT FROM
EXTERIOR WALL OF CONCESSION BUILDING
This bid items shall consist of the removal and disposal of the existing electrical box and conduits
from exterior wall of the concession building. Nothing in these Special Provisions shall relieve
the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard
Specifications.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 9 - REMOVAL AND DISPOSAL OF ROOF ON CONCESSION BUILDING
This bid item shall consist of the removal and disposal of the existing roofing materials on the
Concession Buildings. Nothing in these Special Provisions shall relieve the Contractor from
his responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 10 - CONSTRUCT 4” PCC PAVEMENT BLEACHER’S AREA AND
AROUND CONCESSION BUILDING (AREA BETWEEN TWO FENCES, DOWN TO
SOUTH LIMIT OF THE PROPERTY). GRAVEL AREA NOT INCLUDED. USE
CONCRETE CLASS 560-C-3250, 95% SUBGRADE COMPACTION
This bid item shall consist of Constructing 4” PCC pavement in the Bleachers area and around
the Concession Building area all the way to the south limit of the property. The gravel area along
the existing perimeter fence to remain as is. Nothing in these Special Provisions shall relieve
the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard
Specifications.
Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
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additional compensation will be allowed.
BID ITEM 11 - CONCESSION STAND STUB-UP INSIDE THE BUILDING FOR
UTILITY FEED & ELECTRICAL WIRING INSIDE THE BUILDING.
This bid item shall consist of bringing the Electrical power supply to the concession building
so that the stub-up will be inside the building, to prevent vandalism. Nothing in these Special
Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7
“Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 12 - FURNISH AND INSTALL NEW TORCH DOWN THREE-LAYER ROOF
ON CONCESSION BUILDING
This bid item shall consist of installing new torch down three-layer roof. Nothing in these Special
Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7
“Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 13 - REPLACE TWO BALL FIELD LIGHTS ON SOUTHWEST LIGHT POLE
This bid item shall consist of replacing two ballfield lights. Location is shown on the plan and
attached picture. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 14 - FURNISH AND INSTALL BASES AND PEGS
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
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Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEMS 15 & 16 - 6" TALL PORTABLE PITCHING MOUND AND 8” TALL
PORTABLE PITCHING MOUND
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 17 - FURNISH AND INSTALL HOME PLATE
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 18 - FURNISH AND INSTALL BACKSTOP NETTING AND POLE CAP
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 19 - FURNISH AND INSTALL FOUL POLES
This bid item shall consist of installing Foul Poles (exact location is not shown on the plans).
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
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112 SPECIFICATIONS
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 20 - FURNISH AND INSTALL WALL PADDING, 5’ HIGH X 20’ LONG
This bid item shall consist of furnishing and installing wall padding in the backstop (5’ high x 20’
long). Nothing in these Special Provisions shall relieve the Contractor from his responsibilities
as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 21 - FURNISH AND INSTALL NEW SCOREBOARD
This bid item shall consist of furnishing and installing new score board and its electrical
connections. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 22 – FURNISH PAINT, AND PAINT EXISTING FENCE POSTS THAT ARE
RUSTY, WITH SILVER COLOR EXTERIOR ENAMEL PAINT THAT ALSO STOPS
RUST. EXCLUDE THE POSTS THAT WILL BE SLEEVED OVER WITH NEW POSTS.
This bid item shall consist of furnishing and painting existing fence posts that are rusty, with
silver color exterior enamel paint per attached specifications. Nothing in these Special Provisions
shall relieve the Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the
Standard Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 23 - FURNISH AND INSTALL NEW 8' HIGH CHAIN LINK FENCE PER
SPECIFICATIONS FOR ALL FENCES THAT WERE 6' HIGH, INCLUDING DUGOUTS
AND BULLPENS. INCREASE HEIGHT OF POSTS BY PLACING LARGER
DIAMETER POSTS OVER THE EXISTING POSTS.
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GUTIERREZ PARK IMPROVEMENTS
113 SPECIFICATIONS
This bid item consists of furnishing and installing new 8’ high chain link fences. Increase the
height of posts by placing larger diameter posts over the existing posts. Nothing in these
Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-
7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 24 - FURNISH AND INSTALL NEW 15' HIGH CHAIN LINK FENCE ON
WEST SIDE, AND ON NORTH SIDE OF BALLFIELD PER SPECIFICATION. EXTEND
POSTS WHERE LESS THAN 15’ HIGH.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 25 - FURNISH AND INSTALL NEW 7’ HIGH X 4’ WIDE CHAIN LINK
DOORPER SPECIFICATIONS (ONE EACH FOR NORTH AND WEST DUGOUT)
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 26 - FURNISH AND INSTALL 8' HIGH X 12' WIDE CHAIN LINK GATE PER
SPECIFICATIONS
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
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114 SPECIFICATIONS
BID ITEM 27- FURNISH AND INSTALL GALVANIZED CORRUGATED METAL
ROOFING SHADE FOR DUGOUTS, INCLUDING BEAMS AND NECESSARY POSTS
(SEE ATTACHED PICTURES)
This bid item shall consist of furnishing and installing the dugout shades utilizing welded posts
and beams with galvanized corrugated metal roofing screwed into the steel posts, see attached
pictures. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 28 - FURNISH AND INSTALL BAT RACK AND INGROUND TEAM BENCH
INSIDE DUGOUT.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 29 - FURNISH AND INSTALL INSIDE THE BULLPEN DECOMPOSED
GRANITE (DG)
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 30 - FURNISH AND INSTALL INSIDE THE BATTING CAGE NEW ROLL
OFF TURF AND DG.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
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115 SPECIFICATIONS
additional compensation will be allowed.
BID ITEM 31 - FURNISH AND INSTALL NEW DRINKING WATER FOUNTAIN ZURN
ELKAY LK4410GRY OR APPROVED EQUAL
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7 “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Each (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
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116 PLANS AND DRAWINGS
PLANS AND DRAWINGS
"THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY
REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
1. STANDARD PLANS FOR PUBLIC WORK CONSTRUCTION (LATEST EDITION)
2. CALTRANS STANDARD PLANS (LATEST EDITION)
3. IMPROVEMENTS AT GUTIERREZ PARK, DRAWING NO. 13636
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117 PROJECT SIGN
PROJECT SIGN
CITY OF SAN BERNARDINO
Building a Better San Bernardino
IMPREVEMENTS AT
GUTIERREZ PARK
PROJECT No. PR 25-009
Estimated Completion: Spring/Summer 2025
Funding Provided By: County of San Bernardino
Council Ward: 6
Helen Tran, Mayor
Rochelle Clayton, City Manager
Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa,
Fred Shorett, Kimberly Knaus, Mario Flores, Treasure Ortiz
For more information, please call the Engineering Department (909) 384-5019
Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full
color logo.
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118 BUSINESS REGISTRATION
BUSINESS REGISTRATION
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119 FEDERAL FORMS AND OTHER REQUIREMENTS
FEDERAL FORMS AND OTHER REQUIREMENTS
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HUD Packet Attachments
Federal Requirements
1.Federal Labor Standards Provisions (HUD - 4010)
2.Compliance Requirements & Applicable Wage Decision
3.Report of Additional Classification and Rate**
4.Equal Employment Opportunity Clause
5.Clean Air and Water Acts
6.Labor Codes Section 1771 – 1815
7.Certification of Understanding and Authorization
8.Equal Employment Opportunity Commitment*
9.Bidders Questionnaire*
10.Non-Segregated Facilities Certification*
11.Past Performance Certification*
12.Federal Lobbyist Certification*
13.Worker's Compensation Certification*
14.List of Proposed Sub Contractors*
15.Declaration of Intent with Section 3*
16.Section 3 Business Concern Certification*
17.Notice of Section 3 Commitment*
18.Section 3 Income Certifications
(Required for all Section 3 Workers and Targeted Section 3 Workers)
19.Qualitative Efforts for Contractors Form
20.Section 3 Economic Opportunity Report
(Due after project completion)
21.Build America Buy America (BABA) Requirements & Certification Form*
22.24 CFR Part 75 Economic Opportunities for Low- and Very Low-Income Persons
* Must Submit Form with Bid
** Must Submit Form with Bid If Needed
Page 1
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form HUD-4010 (07/2021)
ref. Handbook 1344.1 Previous editions are obsolete Page 1 of 5
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Davis-Bacon and Labor Standards
A.APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States
of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions
applicable to such Federal assistance.
(1)MINIMUM WAGES
(i)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at
rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and
made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor
and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits
under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set
forth the time spent in each classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH1321))
shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and
accessible place, where it can be easily seen by the workers.
(ii)Additional Classifications.
(A)Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the wage determination. HUD shall approve an
additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1)The work to be performed by the classification requested is not performed by a classification in the wage
determination;
(2)The classification is utilized in the area by the construction industry; and
(3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B)If the contractor, the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its
designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt
and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235 -0023.)
(C)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
or HUD or its designee do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the
views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number
1235-0023.)
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(D)The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C)
of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the
first day on which work is performed in the classification.
(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the
Office of Management and Budget under OMB Control Number 1235-0023.)
(2)Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the
U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the
wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such
amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are
due. The Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts.
(3)Payrolls and basic records.
(i)Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during
the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security number of each such worker, his
or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act),
daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management
and Budget under OMB Control Numbers 1235-0023 and 1215-0018)
(ii)Certified Payroll Reports.
(A)The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls
to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor
will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its
designee. The payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors.
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Contractors and subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if
the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the
case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It
is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own records, without weekly submission to HUD or its
designee. (Approved by the Office of Management and Budget under OMB Control Number 1235 -0008.)
(B)Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract
and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(2)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in 29 CFR Part 3;
(3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract; and
(C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph
(a)(3)(ii)(b).
(D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(iii)The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection,
copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and
shall permit such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4)Apprentices and Trainees.
(i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer
and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or
her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment
as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,
any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or
subcontractor’s registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
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If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will
no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ii)Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate
for the work performed, unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed.
In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii)Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be
in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29
CFR Part 30.
(5)Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which
are incorporated by reference in this Contract.
(6)Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1)
through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require,
and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in this paragraph.
(7)Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the
contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8)Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract.
(9)Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be
subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of Eligibility.
(i)By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an
interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
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(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or
certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment
(e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802.
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor
standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the
contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under
this Contract to his employer.
B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this
paragraph, the terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require
or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek
in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in
excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum of $27 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In
accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the Department of
Labor adjusts this civil monetary penalty for inflation no later than January 15 each year.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written
request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other
Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the
clause set forth in subparagraph B(2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1)
through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.
C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards
promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law
91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on
each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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Compliance Requirements
This construcƟon project is funded in whole or in part with Federal Community Development
Block Grant funds. Federal Labor Standards Provisions, including prevailing wage requirements of
the Davis-Bacon and Related Acts, will be enforced. Whenever a discrepancy between Federal
RegulaƟons and State Law is idenƟfied, the more stringent of the two shall prevail.
All work classificaƟons reported on a weekly cerƟfied payroll reports must conform with the
appropriate work classificaƟon listed on the Wage Decision. (If both Federal and State Wage rates
are applicable, then the higher of the two shall prevail.)
Wage Decision: CA20210026 ModificaƟon No. 13 Dated 10/18/2024
The awarding agency is required to provide a copy of the applicable Wage Decision and the
Federal Labor Standards Provisions by aƩaching both to the prime contractor's construcƟon
contract.
The prime contractor is responsible for ensuring that each sub-contractor and sub-Ɵer contractor
receives a copy of the Wage Decision. Each contractor, sub-contractor, and sub-Ɵer contractor is
responsible for reviewing the Wage Decision in advance to ensure that each work classificaƟon
to be used in the performance of this project is listed on the Wage Decision.
Work ClassificaƟons or Wage Rates for any work performed on the project that do not conform
to the Work ClassificaƟons listed in the applicable Wage Decision must be approved in advance
by the Department of Housing and Urban Development (HUD).
Contractor, and any sub-recipient, must agree and comply with the following provisions:
1. Suspension of Contract
If at any Ɵme in the opinion of the City, the Contractor has failed to supply an adequate
working force, or material of proper quality, or has failed in any other respect to prosecute
the work with diligence and force as specified and intended in and by the terms of the
contract, noƟce thereof in wriƟng will be served upon him. Should the contractor neglect
or refuse to provide means for a saƟsfactory compliance with the contract, as directed by
the City, within the Ɵme specified in such noƟce, the City in any such case shall have the
power to suspend the operaƟon of the contract. Upon receiving noƟce of such
suspension, the Contractor shall disconƟnue said work or such parts of it as the City may
designate. Upon such suspension, the Contractor's control shall terminate and thereupon
the City Council or its duly-authorized representaƟve may take possession of all or any
part of the Contractor's materials, tools, equipment, and appliances upon the premises
and use the same for the purpose of compleƟng said contract and hire equipment and
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such addiƟonal materials and supplies at the contractor's expense as may be necessary
for the proper conduct of the work and for compleƟon thereof. The City may employ other
parƟes to carry the contract to compleƟon, employ the necessary workmen, subsƟtute
other machinery or materials, and purchase the materials contracted for, in such manner
as the City may deem proper; or the City may annul and cancel the contract and complete
the work or any part thereof.
2. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(A) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or naƟonal origin. The contractor will
take affirmaƟve acƟon to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or naƟonal
origin. Such acƟon shall include, but not be limited to, the following: Employment,
upgrading, demoƟon, or transfer, recruitment or recruitment adverƟsing, layoff or
terminaƟon, rates of pay or other forms of compensaƟon,. and selecƟon for training,
including apprenƟceship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, noƟces to be provided by the contracƟng
officer seƫng forth the provisions of this nondiscriminaƟon clause.
(B) The contractor will, in all solicitaƟons or adverƟsements for employees placed by or
on behalf of the contractor, state that ail qualified applicants Will receive consideraƟon
for employment without regard to race, color, religion, sex, or naƟonal origin.
(C) The contractor will send to each labor union or representaƟve of workers with which
he has a collecƟve bargaining agreement or other contract or understanding, a noƟce to
be provided by the contract Compliance Officer advising the said labor union or workers'
representaƟves of the contractor's commitment under this secƟon and shall post copies
of the noƟce in conspicuous places available to employees and applicants for
employment.
(D) The contractor will comply with all provisions of ExecuƟve Order 11246 of September
24, 1965, and as amended, and of the rules, regulaƟons, and relevant orders of the
Secretary of Labor.
(E) The contractor will furnish all informaƟon and reports required by ExecuƟve Order
11246 of September 24, 1965, and by the rules, regulaƟons, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the Department and the Secretary of Labor for purposes of invesƟgaƟon to ascertain
compliance with such rules, regulaƟons, and orders.
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(F) In the event of the contractor's noncompliance with the non-discriminaƟon clauses of
this contract or with any of such rules, regulaƟons, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further government contracts or Federally assisted construcƟon
contract procedures authorized in ExecuƟve Order 11246 of September 24, 1965, or by
rule, regulaƟon, or order of the Secretary of Labor, or as otherwise provided by law.
(G) The contractor will include the porƟon of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or
purchase order unless exempted by rules, regulaƟons, or orders of the Secretary of Labor
issued pursuant to secƟon 204 of ExecuƟve Order 11246 of September 25, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such acƟon with respect to any subcontract or purchase order as the Department
may direct as a means of enforcing such provisions, including sancƟons for
noncompliance: provided, however, that in the event a contractor becomes involved in,
or is threatened with, liƟgaƟon with a subcontractor or vendor as a result of such direcƟon
by the Department, the contractor may request the United Sates to enter into such
liƟgaƟon to protect the interest of the United States.
3. Compliance with Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in the Federal Labor Standards Provisions Contract.
4. Compliance with Davis-Bacon and Related Act Requirements
All rulings and interpretaƟons of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, and 5 are incorporated in reference by the Federal Labor Standards Provisions
Contract.
(A) The payroll for the payroll period contains the informaƟon required to be maintained
under 29 CFR 5.5(a)(3)(7) and that such informaƟon is correct and complete.
(B) Each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classificaƟon of work performed, as specified
in the applicable wage determinaƟon incorporated into the contract.
(C) Each laborer or mechanic {including each helper, apprenƟce, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned
without rebate, either directly or indirectly, and that no deducƟons have been made
either directly or indirectly from the full wages earned, other than permissible deducƟons
as set forth in 29 CFR Part 3.
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5. Compliance with Contract Work Hours and Safety Standards Act
(A) As used in this paragraph, the terms "laborers" and "mechanics" include watchmen
and guards.
(1) OverƟme Requirements. No contractor or subcontractor contracƟng for any
part of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensaƟon
at a rate not less than one and one-half Ɵmes the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) ViolaƟon; liability for unpaid wages; liquidated damages. In the event of any
violaƟon of the clause set forth in subparagraph (1) of this paragraph, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addiƟon, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violaƟon of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar
day on which such individual was required or permiƩed to work in excess of the
standard workweek of forty hours without payment of the overƟme wages
required by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee
shall upon its own acƟon or upon wriƩen request of an authorized representaƟve
of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contract, or
any other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor such sums as
may be determined to be necessary to saƟsfy any liabiliƟes of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in subparagraph (2) of this paragraph.
4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clauses set forth in subparagraph ( 1) through ( 4) of this paragraph and also a
clause requiring the subcontractors to include these clauses in any lower Ɵer
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subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower Ɵer subcontractor with the clauses set forth in
subparagraphs (1) through (4) of this paragraph.
(B) Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under
working condiƟons which are unsanitary, hazardous, or dangerous to his health
and safety as determined under construcƟon safety and health standards
promulgated by the Secretary of labor by regulaƟon.
(2) The Contractor shall comply with all regulaƟons issued by the Secretary of
Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply
may result in imposiƟon of sancƟons pursuant to the Contract Work Hours and
Safety Standards Act (Public Law 91-54, 83 Stat. 96).
(3) The contractor shall include the provisions of this ArƟcle in every subcontract
so that such provisions will be binding on each subcontractor. The Contractor shall
take such acƟon with respect to any subcontract as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a means of enforcing
such provisions.
6. Compliance with Payroll Requirements
i. (A) The contractor shall submit weekly for each week in which any contract work
is performed a copy of all payrolls to HUD or its designee if the agency is a party
to the contract, but if the agency is not such a party, the contractor will submit the
payrolls to the applicant, sponsor, or owner, as the case may be, for transmission
to HUD or its designee. The payrolls submiƩed shall set out accurately and
completely all of the informaƟon required to be maintained under 29 CFR Part
5.5(a)(3)(i). This informaƟon may be submiƩed in any form desired. OpƟonal Form
WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government PrinƟng Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under 0MB Control Number
1215-0149).
B. Each payroll submiƩed shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or
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supervises the payment of the persons employed under the contract and shall
cerƟfy the following:
(1) That the payroll for the payroll period contains the informaƟon required to
be maintained under 29 CFR Part 5.5(a)(3)(i) and that such informaƟon is
correct and complete;
(2) That each laborer or mechanic (including each helper, apprenƟce, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deducƟons have been made either directly or indirectly from the full wages
earned, other than permissible deducƟons as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classificaƟon of work
performed, as specified in the applicable wage determinaƟon incorporated
into the contract.
C. The weekly submission of a properly executed cerƟficaƟon set forth on the
reverse side of OpƟonal Form WH-347 shall saƟsfy the requirement for submission
of the "Statement of Compliance" required by paragraph A.3(ii)(b) of this secƟon.
D. The falsificaƟon of any of the above cerƟficaƟons may subject the contractor or
subcontractor to civil or criminal prosecuƟon under SecƟon 1001 of Title 18 and
SecƟon 231 of Title 31 of the United States Code.
ii. The contractor or subcontractor shall make the records required under paragraph
A.3.(i) of this secƟon available for inspecƟon, copying, or transcripƟon by
authorized representaƟves of HUD or its designee or the Department of Labor, and
shall permit such representaƟves to interview employees during working hours on
the job. If the contractor or subcontractor fails to submit the required records or
to make them available, HUD or its designee may, aŌer wriƩen noƟce to the
contractor, sponsor, applicant, or owner, take such acƟon as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment acƟon pursuant to 29 CFR Part
5.12.
7. Patents and RoyalƟes
(A) The Contractor shall provide and pay for all licenses and royalƟes necessary for the
legal use and operaƟon of any of the equipment or specialƟes used in the work.
CerƟficates showing the payment of any such licenses or royalƟes, and permits for the use
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of any patented or copyrighted devices shall be secured and paid for by the Contractor
and delivered to the City on compleƟon of the work, if required.
(B) The Contractor shall assume all responsibility for the use of apparatus or devices
covered by patents or copyrights shall defend any suits brought against the Owner, City
and HUD based upon claimed infringements of any such patents or copyrights, and shall
hold the Owner, City and HUD free from claims for damages incident to their use.
8. Compliance with requirements and regulaƟons pertaining to copyrights and rights of data
(use only when applicable).
9. Access to Records
(A) Contractor assures that all contracts and subcontracts for work on the project shall
require him and all subcontractors to make such books, records, documents and other
evidence available to the City or its authorized agents during the course of construcƟon
and for final audit, if requested, and to provide suitable faciliƟes for access, inspecƟon and
copying thereof
(B) For any federally funded project the Owner, the City, Federal Granter Agency (HUD),
the controller General of the United States or any of their duly authorized representaƟves
shall have access to any books, documents, papers and records of the Contractor which
are directly perƟnent to a specific grant program for the purpose of making audit,
examinaƟon, excerpts, and transcripƟons. Said books, documents, papers, and records
are to be kept, maintained and available for a period of three years aŌer project
compleƟon or unƟl aŌer all project audit findings have been resolved, whichever comes
last.
(C) All construcƟon contractors/subcontractors with contracts in excess of $10,000 must
file form CC-257, Monthly Employment UƟlizaƟon Report, with the U.S. Department of
Labor. Copies of these reports are to be submiƩed to the City.
10. Compliance with SecƟon 306 of the Clean Air Act
(A) The contractor sƟpulates that any facility to be uƟlized in the performance of this
contract, unless such contract is exempt under the Clean Air Act, as amended (42 U. S.C.
1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water PolluƟon
Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), ExecuƟve
Order 11738, and regulaƟons in implementaƟon thereof (40 C.F.R., Part 15, is not listed,
on the date of contract award, on the U.S. Environmental ProtecƟon Agency (EPA) List of
ViolaƟng FaciliƟes pursuant to 40 C.F.R. 15.20.
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(B) The contractor agrees to comply with all the requirements of SecƟon 114 of the Clean
Air Act and SecƟon 308 of the Federal Water PolluƟon Control Act and all regulaƟons and
guidelines listed thereunder.
(C) The contractor shall promptly noƟfy the State Highway Department of the receipt of
any communicaƟon from the Director, Office of Federal AcƟviƟes, EPA, indicaƟng that a
facility to be uƟlized for the contract is under consideraƟon to be listed on the EPA List of
ViolaƟng FaciliƟes.
(D) The contractor agrees to include or cause to be included the requirements of
subparagraphs A through D of this paragraph 12 in every non-exempt subcontract, and
further agrees to take such acƟon as the Government may direct as a means of enforcing
such requirements. (Applicable to contracts and subcontracts which exceed $100,000).
11. Lead-Based Paint
The construcƟon or rehabilitaƟon of residenƟal structures with Community Development
Block Grant Funds is subject to the provisions of the HUD Lead Based Paint RegulaƟons,
24 CFR Part 35, Public Law 102-550 - the ResidenƟal Lead-Based Paint Hazard ReducƟon
Act of 1992, and all other applicable regulaƟons. ResidenƟal construcƟon or rehabilitaƟon
acƟvity is subject to the provisions requiring the eliminaƟon of lead-based paint hazards
under subpart B of 24 CFR Part 35. Contractor shall ensure that all affected work is
performed in a complying manner, and that all inspecƟons, cerƟficaƟons and clearances
are properly performed.
12. Federal Labor Standards Provisions
Except with respect to the rehabilitaƟon of residenƟal property designed for residenƟal
use for less than eight families, all contractors engaged under contracts in excess of $2,000
for the construcƟon, prosecuƟon, compleƟon or repair of any building or work financed
in whole or part with assistance provided with Community Development Block Grant
funds, shall comply with HUD requirements pertaining to such contracts, and the
applicable requirements of the Department of Labor under 29 CFR Parts 3, 5 and 5a,
governing the payment of wages and the raƟo of apprenƟces and trainees to journeymen:
provided that if wage rates higher than those required under such regulaƟons are
imposed by state or local law, nothing hereunder is intended to relieve the contractor of
its obligaƟon to require payment of the higher rates. 15. Interest of Officers, Local
Governing Body, and Other Public Officials No member, officer or employee of the City of
Ontario or its designees or agents, no member of the governing body of the City of
Ontario, and no other public official of such locality or localiƟes who exercises any
funcƟons or responsibiliƟes with respect to the CDBG program during their tenure or for
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one year thereaŌer, shall have any interest, direct or indirect, in any contract or
subcontract or the proceeds thereof, for work to be performed in connecƟon with the
program assisted under
13. Compliance with the Energy Policy and ConservaƟon Act
The contractor agrees to meet mandatory standards and policies relaƟng to energy
efficiency, which are contained in the State Energy ConservaƟon Plan. (Use only when
applicable)
Name of Contractor Firm Name of Contractor Firm
Name Name
Title Title
Signature Signature
Date Date
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REPORT OF ADDITIONAL CLASSIFICATION AND RATE
HUD FORM 4230A
OMB Approval Number 2501-0011
(Exp. 8/31/2022)
1.FROM (name and address of requesting agency) 2.PROJECT NAME AND NUMBER
3.LOCATION OF PROJECT (City, County and State)
4.BRIEF DESCRIPTION OF PROJECT 5.CHARACTER OF CONSTRUCTION
Building Residential
Heavy Other (specify)
Highway
6.WAGE DECISION NO. (include modification number, if any)
COPY ATTACHED
DATE of WAGE DECISION: 7.WAGE DECISION EFFECTIVE
DATE (LOCK-IN):
8. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
9.PRIME CONTRACTOR (name, address)9a.
Agree
Disagree
10.SUBCONTRACTOR/EMPLOYER, IF APPLICABLE
(name, address)
9b. SIGNATURE DATE
Check All That Apply:
The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
The proposed classification is utilized in the area by the construction industry.
The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in
the wage decision.
The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
Supporting documentation attached, including applicable wage decision.
Check One:
Approved, meets all criteria. DOL confirmation requested.
One or more classifications fail to meet all criteria. DOL decision requested.
Agency Representative
(Typed name and signature)
Date
Phone Number
FOR HUD USE ONLY
LR2000:
Log in:
Log out:
HUD-4230A (8-19) PREVIOUS EDITION IS OBSOLETE
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EQUAL EMPLOYMENT OPPORTUNITY CLAUSE.
During the performance of this contract, the contractor agrees as follows:
a.The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
b.The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
c.The contractor will send to each labor union or representative of workers with which he/she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided, advising the said labor union or workers’ representative of the contractor’s
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
d.The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e.The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his/her books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
f.In the event of the contractor’s noncompliance with the nondiscrimination clause of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole, or in part, and the contractor may be declared
ineligible for further government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g.The contractor will include the provisions of Paragraph 1a through 1g in every subcontract
or purchase order unless exempted by rule, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the contractor may request the United States
to enter into such litigation to protect the interests of the United States.
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EQUAL EMPLOYMENT SPECIFICATIONS
(Executive Order 11246).
a.As used in these specifications:
(1) Covered area means the geographical area described in the solicitation from which
this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance Programs, United
States Department of Labor, or any person to whom the Director delegates
authority;
(3) Employer Identification Number (EIN) means the Federal Social Security Number
used on the Employer’s Quarterly Federal Tax Return, United States Treasury
Department Form 941.
(4) Minority includes:
(a)Black (all persons having origins in any of the Black African racial groups not
of Hispanic origin)
(b)Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish culture or origin, regardless of race);
(c)Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific
Islands); and
(d)American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
b.Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000 the provisions of these specifications and the notice which contains the
applicable goals for minority and female participation and which is set forth in the
solicitations from which this contract resulted.
c.If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan
approved by the United States Department of Labor in the covered area either individually
or through an association, its affirmative action obligations on all work in the Plan area
(including goals and time tables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each
contractor or subcontractor participating in an approved Plan is individually required to
comply with its obligations under the EEO Clause, and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The overall
good faith performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take
good faith efforts to achieve the Plan goals and timetables.
d.The contractor shall implement the specific affirmative action standards provided in
paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female utilization the contractor should
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reasonable be able to achieve in each construction trade in which it has employees in the
covered area. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or federally assisted construction
contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers.
The contractor is expected to make substantially uniform progress in meeting its goals in
each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union
with whom the contractor has a collective bargaining agreement, to refer either minority
or women shall excuse the contractor’s obligations under these specifications, Executive
Order 11246 or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the contractor
during the training period, and the contractor must have made a commitment to employ
the apprentices and trainees at the completion of their training, subject to the availability
of employment opportunities. Trainees must be trained pursuant to training programs
approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the contractor’s compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The contractor shall
document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
(1) Ensure and maintain working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the contractor’s employees are
assigned to work. The contractor, where possible, will assign two or more women to
each construction project. The contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of and carry out
the contractor’s obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the contractor or its unions have employment
opportunities available, and maintain a record of the organization’s responses.
(3) Maintain a current file of the name, address, and telephone numbers of each minority
and female off-the street applicant and minority or female referral from a union, a
recruitment source, or community organization and of what action was taken with
respect to each such individual. If such individual was sent to the union hiring hall for
referral and was not referred back to the contractor by the union or, if referred, not
employed by the contractor, this shall be documented in the file with the reason
therefore, along with whatever additional actions the contractor may have taken.
(4) Provide immediate written notification to the Director when the union or unions with
which the contractor has a collective bargaining agreement has not referred to the
contractor a minority person or woman sent by the contractor, or when the contractor
has other information that the union referral process has impeded the contractor’s
efforts to meet its obligations.
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(5) Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the contractor’s employment
needs, especially those programs funded or approved by the Department of Labor.
The contractor shall provide notice of these programs to the sources compiled under
3g (2) above.
(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where construction
work is performed.
(7) Review, at least annually, the company’s EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment decisions including specific
review of these items with on- site supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of construction work at any job site. A
written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject
matter.
(8) Disseminate the contractor’s EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the contractor’s EEO policy with other contractors
and subcontractors with whom the contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations; to schools with minority and female students; and to minority and female
recruitment and training organizations serving the contractor’s recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment sources, the
contractor shall send written notification to organizations such as the above, describing
the opening, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable, provide after school, summer, and vacation
employment to minority and female youth, both on the site and in other areas of a
contractor’s work force.
(11) Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel for promotional opportunities and encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment-related activities toensure that the EEO policy and the
contractor’s obligations under these specifications are being carried out.
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(14) Ensure that all facilities and company activities are non-segregated except that
separate or single-user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance
under the contractor’s EEO policies and affirmative action obligations.
h.Contractors are encouraged to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations 3g(1) through (16). The efforts of a
contractor association, joint contractor-union, contractor-community, or other similar group
of which the contractor is a member and participant, may be asserted as fulfilling any one
or more of its obligations under 3g(1) though (16) of these specifications provided that the
contractor actively participates in the group, makes every effort to ensure that the group
has a positive impact on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program are reflected in the contractor’s minority and
female work force participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the contractor. The obligation to comply,
however, is the contractor’s, and failure of such a group to fulfill an obligation shall not be
a defense for the contractor’s noncompliance.
i.A single goal for minorities and a separate single goal for women have been established.
The contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both
minority and non-minority. Consequently, the contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women generally, the
contractor may be in violation of the Executive Order if a specific minority group of women
is underutilized).
j.The contractor shall not use the goals and timetables of affirmative action standards to
discriminate against any person because of race, color, religion, sec or national origin.
k.The contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
l.The contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Executive Order
11246, as amended.
m.The contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative actions steps, at least as extensive as those standards prescribed in
Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these
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specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show
Cause Notice).
n. The contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to be required by the
Government and to keep records. Records shall at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation, if any, employee
identification number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not
be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for the hiring of local or other area residents (e.g., those under the Public
Works Employment Act of 1977 and the Community Development Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female
utilization which shall be based on appropriate work force, demographic or other relevant
data and which shall cover construction projects or construction contracts performed in
specific geographic areas. The goals, which shall be applicable to each construction trade
in a covered contractor’s or subcontractor’s entire work force which is working in the area
covered by the goals and timetables, shall be published as notices in the Federal Register,
and shall be inserted by the contracting officers and applicants, as applicable, in the Notice
required by 41 CFR 60-4.2.
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS.
For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor
shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to
contract award: Certification of Non-segregated Facilities and Certification with Regard to
the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity
Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract
Compliance Programs, United States Department of Labor - ESA, 200 Constitutional
Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of
any subcontract in excess of $10,000, listing the name, address, and telephone number
of the subcontractor; employer identification number; estimated dollar amount of the
subcontract; estimated starting date and completion dates of the subcontract; and the
geographical area in which the contract is to be performed.
c. Send a notice of the contractor’s commitment to equal employment opportunity to labor
unions or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to
employees and applicants for employment.
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e.For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment
Opportunity requirements by including the provisions of Paragraphs 1 through 3, above,
in the subcontract.
f.Upon commencement of construction work and until the work is completed, forward the
Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority
by the end of each work month. With the initial monthly report, the contractor/subcontractor
shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area
to the monthly report.
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY
(Executive Order 11246)
a.The Offeror or Bidder’s attention is called to the Equal Opportunity Clause and the
Standard Federal Equal Employment Specifications set forth herein.
b.The goals and timetables for minority and female participation, expressed in percentage
terms for the contractor’s aggregated work force in each trade on all construction work in
the covered area, are as follows:
Goals for Minority and Female Participation in Timetables, Each Trade: 28.3%, 6.9%
These goals are applicable to all the contractor’s construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the contractor performs
construction work in a geographical area located outside of the covered area, it shall apply
the goals established for such geographical area where the work is actually performed.
With regard to this second area, the contractor also is subject to the goals for both its
federally involved and non-federally involved construction.
The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part
60-4 shall be based on its implementation of the Equal Opportunity Clause, specific
affirmation action obligations required by the specifications set forth in 41 CFR Part 60-
4.3(a), and its efforts to meet the goals. The hours of minority and female employment
and training must be substantially uniform throughout the length of the contract and in
each trade, and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or
trainees from contractor to contractor or from project to project for the sole purpose of
meeting the contractor’s goals shall be a violation of the contract, the Executive Order,
and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured
against the total work hours performed.
c.The contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within ten (10) working days of award of any construction
subcontract in excess of $10,000 at any tier for construction work under the contract
resulting from this solicitation. The notification shall list the name, address, and telephone
number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of
the subcontract; and the geographical area in which the contract is to be performed.
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d. As used in this notice, and in the contract resulting from this solicitation, the covered area
is the Standard Metropolitan Statistical Area of Los Angeles-Long Beach, specifically the
County of Los Angeles, State of California.
CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS.
a. It is national policy to award a fair share of contracts to Small business and Minority Firms.
Accordingly, affirmative steps must be taken to assure that Small Business and Minority
Firms are utilized when possible, as sources of supplies, equipment, construction and
services. Affirmative steps include the following:
1. Including qualified Small Business and Minority Firms on solicitation lists.
2. Assuring that Small Business and Minority Firms are solicited whenever they are
potential sources.
3. When economically feasible, dividing total requirements into smaller tasks or
quantities so as to permit maximum Small Business and Minority Firm participation.
4. Where the requirement permits, establishing delivery schedules which will encourage
participation by Small Business and Minority Firms.
5. Using the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce, as required.
6. If any subcontracts are to be let, requiring the prime contractor to take the affirmative
steps in a1 through a5 above.
b. Grantees shall take similar appropriate affirmative action in support of Women’s Business
Enterprises.
c. Grantees are encouraged to procure goods and services from Labor Surplus Areas.
CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
SECTION 503 OF THE REHABILITATION ACT OF 1973. Any contract in excess of $10,000
entered into by any Federal department or agency for the procurement of personal property and
non-personal services (including construction) for the United States shall contain a provision
requiring that the party contracting with the United States shall take affirmative action to employ
and advance in employment qualified individuals with disabilities. No otherwise qualified individual
with handicaps in the United States shall, solely by reason of his or her handicap, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal assistance.
SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No
person in the United States on the grounds of race, color, national origin, or sex be excluded from
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participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974, as amended.
Covered contracts entered into by any department or agency for the procurement of personal
property and non- personal services (including construction) for the United States, shall contain
a provision requiring that the party contracting with the United States shall take affirmative action
to employ and advance in employment qualified special disabled veterans, veterans of the
Vietnam era and any other veterans who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized. The provisions of this section shall
apply to any subcontract entered into by a prime contractor in carrying out any contract for the
procurement of personal property and non-personal services (including construction) for the
United States.
AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
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COMPLIANCE WITH CLEAN AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts
exceeding $150,000)
During the performance of this contract, the contractor and all subcontractors shall
comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq.,
the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part
15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors
shall furnish to the owner, the following:
1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in
the performance of any non exempt contract or subcontract,. is not listed on the
List of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of Section 114
of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to
inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued there under.
3. A stipulation that as a condition for the award of the contract, prompt notice will
be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract,
is under consideration to be listed on the EPA List of Violating Facilities.
4. Agreement by the contractor that he will include, or cause to be included, the
criteria and requirements in paragraph (1) through (4) of this section in every
nonexempt subcontract and requiring that the contractor will take such action as
the government may direct as a means of enforcing such provisions.
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LABOR CODE SECTIONS
(1771, 1774, 1775, 1776,1777.5, 1813, AND 1815)
§1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work of a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed
as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a
public agency with its own forces. This section is applicable to contracts let for maintenance work.
§1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less
than the specified prevailing rates of wages to all workmen employed in the execution of the contract.
§1775.
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each
calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the
director for the work or craft in which the worker is employed for any public work done under the contract by the
contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration
of both of the following:
(i)Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages
was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought
to the attention of the contractor or subcontractor.
(ii)Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
(B)The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor
to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly
and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(i)The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof,
for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has
been assessed penalties within the previous three years for failing to meet its prevailing wage
obligations on a separate contract, unless those penalties were subsequently withdrawn or
overturned.
(ii)The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for
each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision (c) of Section 1777.1.
(C)When the amount due under this section is collected from the contractor or subcontractor, any
outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2
against that contractor or subcontractor shall be satisfied before applying that amount to the penalty
imposed on that contractor or subcontractor pursuant to this section.
(D)The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable
only for abuse of discretion.
(E)The difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage rate
shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract
shall cause to be inserted in the contract a stipulation that this section will be complied with.
(b)If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of
per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified
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prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following
requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813,
and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by
the subcontractor to the employees, by periodic review of the certified payroll records of the
subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing
rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including,
but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works
project.
(4) Prior to making final payment to the subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees
on the public works project and any amounts due pursuant to Section 1813.
(C) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15
days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor
on that public works project to pay workers the general prevailing rate of per diem wages.
§1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is
made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection
at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection
or furnished upon request to a representative of the body awarding the contract, the Division of Labor
Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial
Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request
by the public for inspection or for copies thereof. However, a request by the public shall be made through
either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph
(2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by
the contractor, subcontractors, and the entity through which the request was made. The public may not
be given access to the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or
shall contain the same information as the forms provided by the division. The payroll records may consist of
printouts of payroll data that are maintained as computer records, if the printouts contain the same
information as the forms provided by the division and the printouts are verified in the manner specified in
subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a) with the
entity that requested the records within 10 days after receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any
public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor
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Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor awarded the contract or the
subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available
for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal
Labor Management
Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure
of an individual's name and social security number. A joint labor management committee may maintain
an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774.
The court may award restitution to an employee for unpaid wages and may award the joint labor
management committee reasonable attorney's fees and costs incurred in maintaining the action. An
action under this subdivision may not be based on the employer's misclassification of the craft of a worker
on its certified payroll records. Nothing in this subdivision limits any other available remedies for a
violation of this chapter.
(f)The contractor shall inform the body awarding the contract of the location of the records enumerated under
subdivision (a), including the street address, city, and county, and shall, within five working days, provide a
notice of a change of location and address.
(g)The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails
to comply within the 10- day period, he or she shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld
from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this
section due to the failure of a subcontractor to comply with this section.
(h)The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
(i)The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977
(Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of
these records, including the establishment of reasonable fees to be charged for reproducing copies of records
required by this section.
§1777.5.
(a)Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.
(b)Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft
or trade to which he or she is registered.
(c)Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have
been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be
employed at the apprentice wage rate on public works. The employment and training of each apprentice shall
be in accordance with either of the following:
(1)The apprenticeship standards and apprentice agreements under which he or she is training.
(2)The rules and regulations of the California Apprenticeship Council.
(d)When the contractor to whom the contract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall
employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices in the area or
industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered
by an apprenticeship program's standards shall not be required to submit any additional application in order
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to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in
this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules
and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor”
includes any subcontractor under a contractor who performs any public works not excluded by subdivision
(o).
(e)Prior to commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public
work. The information submitted shall include an estimate of journeyman hours to be performed under the
contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices
would be employed. A copy of this information shall also be submitted to the awarding body if requested by
the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of
the journeyman and apprentice hours performed on the contract. The information under this subdivision shall
be public. The apprenticeship programs shall retain this information for 12 months.
(f)The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
(g)The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates where the contractor agrees to be bound by those standards, but, except
as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for
every five hours of journeyman work.
(h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any
journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or
40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a subcontractor, before
the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the
Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum
ratio of not less than one apprentice for each five journeymen in a craft or trade classification.
(i)A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship
program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision(g).
(j)Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the
state on all of his or her contracts on an annual average of not less than one hour of apprentice work for
every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards
may grant a certificate exempting the contractor from the 1 -to-5 hourly ratio, as set forth in this section for
that craft or trade.
(k)An apprenticeship program has the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions
is met:
(1)Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(2)The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its
journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
(4)Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the
public at large, or the specific task to which the apprentice is to be assigned is of a nature that training
cannot be provided by a journeyman.
(l)When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in
a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be
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required to submit individual applications for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add the amount of the
contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship
Council shall distribute training contributions received by the council under this subdivision, less the
expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants
to approved apprenticeship programs for the purpose of training apprentices. The funds shall be
distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program
shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or
trade and geographic area for which the training contributions were made to the council, the grant
shall be divided among those programs based on the number of apprentices registered in each
program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the
future expenses of the Division of Apprenticeship Standards.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section
13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby
continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the
Division of Apprenticeship Standards.
(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
(p) All decisions of an apprenticeship program under this section are subject to Section 3081.
§1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf
the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of
the contract by the respective contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week
in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall
cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all
violations of this article committed in the course of the execution of the contract and shall report them to the
Division of Labor Standards Enforcement.
§ 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding
any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2
times the basic rate of pay.
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D D
CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION
Project Name
Contracting Agency Project Number:
This is to certify that the principal and the authorized payroll officer(s), listed
below, have received and read and a copy of the Federal Labor Standards
Provisions (HUD-4010) and a copy of the Contractor’s Guide to prevailing
Wage Requirements for Federally-Assisted Construction Projects, and that
they understand the labor standards clauses pertaining to the above listed
projects.
The following person(s) is/are designated as payroll officer for the undersigned
and is/are authorized to sign the Statement of Compliance forms which will
accompany each weekly payroll report for contractor listed below during the
duration of this project.
Contractor Subcontractor Business Name License Number
Payroll Officer Name (Print) Payroll Officer (Signature)
Payroll Officer Name (Print) Payroll Officer (Signature)
Name of Person Authorized to Sign (Print) (Authorized Signature)
Title Date
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EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
(03/31/17)
TO:
(Name of Labor Union, Workers Representative, etc)
(Address)
Contractor Name:
Project Name: Project Number:
The Undersigned contractor holds a contract with , involving funds
provided by the U. S. Government, or a subcontract with a prime contractor holding such contract.
Under the provisions included in the contract or subcontract for the above referenced project, and in
accordance with Executive Order 11246, the undersigned contractor is obligated not to discriminate
against any employee or applicant for employment because of race, color, religion, sex or national
origin. This obligation not to discriminate in employment includes, but is not limited to the follow:
1.Hiring, placement, upgrading, transfer or demotion;
2.Recruitment, advertising or solicitation for employment;
3.Treatment during employment;
4.Rates of pay or other forms of compensation;
5.Selection for training, including apprenticeship; and
6.Layoff or termination.
The undersigned contractor shall abide by the requirements of 41 CFR 60–300.5(a) and 60–741.5(a).
These regulations prohibit discrimination against qualified individuals on the basis of protected veteran
status or disability; and require affirmative action by prime contractors and subcontractors to employ,
and advance in employment, qualified protected veterans and individuals with disabilities.
Copies of this notice will made available to worker representatives and be posted by the undersigned
in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Date) (Title)
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BIDDERS QUESTIONNAIRE FORM
Fill out all the following information and submit with Bid Proposal:
Bidder/Contractor’s Name:
Business Address:
Telephone Number: Email:
California State Contractor’s License Number
and Class:
#:
Class:
Tax Identification Number:
DIR Contractor Registration Number:
UEI Number:
Business License: Do you currently have an active
City Business License?
YES #:
NO
Number of years of experience the company has as a contractor:
DIR Contractor Worker(s) Classification (s)
(e.g. laborer, electrician, cement mason etc.)
Has the company or any principal having an
interest in this Bid ever failed to complete a
project?
YES NO
If yes, explain:
Has the company or any principal having an
interest in this Bid ever been terminated for
cause, even if was converted to a “termination of
convenience”
YES NO
If yes, explain:
Type of Firm: Individual Partnership Limited Liability Company
Corporation (State ) Other (specify)
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Minority Business Enterprise(MBE)
Women Business Enterprise (WBE)
Small Disadvantaged Business (SDB)
Veteran Owned Business
Disabled Veteran Owned Business
None Apply
List at least three related projects completed in the last i e (5) years:
1.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
2.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
3.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
Surety Company that will provide all Insurance Requirements:
Name of Surety:
Address:
Surety Company:
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NON-SEGREGATED FACILITIES CERTIFICATION
FEDERALLY-ASSISTED CONSTRUCTION PROJECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
1.Maintain or provide, for his/her employees, any segregated facilities at any of his/her
establishments.
2.Permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities are maintained.
The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any
waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated
by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because
of habit, local custom, or otherwise.
The federally-assisted contractor agrees that (except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods) he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in
his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: Project Number:
Company:
Address:
By:
Title:
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CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The bidder, proposed sub-contractor, hereby certifies that he/she has, has not, participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President’s Committee on Equal
Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: Contract Award: $
Awarding Agency:
Contractor Name: Total Number of Employees
Affiliate Company:
By:
Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor
(41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts
and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under
are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
SF-100 (EEO-1) must be filed by;
(A)All private employers who are:
(1)Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2)Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with
another company, or there is centralized ownership, control or management so that the group legally
constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B)All federal contractors (private employers), who:
(1)Are not exempt as provided for by 41 CFR 60-1.5
(2)Have 50 or more employees, and
a.Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase
order amounting to $50,000 or more; or
b.Serve as a depository of Government funds in any amount, or
c.Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
Page 61
Packet Page 001109
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,00 0 and not more than $100,000 for each such failure.
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying
Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required statement shall be subjec t to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
* CONTRACTOR/SUBCONTRACTOR
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: * First Name: Middle Name:
* Last Name: Suffix:
* Title:
* SIGNATURE: * DATE:
Page 62
Packet Page 001110
WORKER’S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability for
worker’s compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of
the work of this contract.
Date: Project Number:
Project Name:
Company Name:
Address:
Print Name:
Title:
Signature:
Page 63
Packet Page 001111
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Page 64
Packet Page 001112
DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS
As a minimum requirement for consideration of a contract award, the Bidder/Proposer
shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and
Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is
obliged, to the greatest extent feasible, to give opportunities for training and employment
to low-income and very low-income persons residing in the service area or neighborhood
in which the covered Section 3 project/service is located, and/or to award subcontracts to
other Section 3 business concerns that provide economic opportunities for Section 3
workers and Targeted Section 3 workers.
Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior
to recommendation for contract award by the Local Contracting Agency (LCA),he/she will
agree to comply with the Section 3 requirements by including the Section 3 contract
language in the contract, to the greatest extent feasible, to meet the Section 3
benchmarks and report all accomplishments with required documentation on a quarterly
basis for the duration of the contract.
The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
•Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by
all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours
worked by all workers employed of which is included as part of the 25%
threshold in the previous bullet.
•Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by
all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours
worked by all workers employed on a Section 3 project of which is included as
part of the 25% threshold in the previous bullet.
Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and
reporting obligations shall be grounds for determining the Bidder/Proposer non -
responsive, and no further consideration for contract award shall be granted.
I declare under penalty of perjury under the laws of the State of California that we
agree to comply with the Section 3 requirements as stated above.
Name of Contractor/Subcontractor Address
Print Name Title
Signature
Declaration of Intent to Comply with Section 3 Requirements
Date
Rev. 9.1.21
Page 65
Packet Page 001113
TO BE COMPLETED BY LOCAL CONTRACTING AGENCY STAFF
This business meets the following category:
51% owned by low- or very low-income persons,
75% of labor hours performed by Section 3 workers, or
51% currently owned and controlled by public housing or Section 8-assisted housing residents.
None of the above.
Approved by: (Print Name) Signature: Date:
SECTION 3 BUSINESS CONCERN CERTIFICATION
Business Name:
Address:
City/State/Zip Code:
Telephone Number: Email Address:
This business is a Section 3 business concern based on one of the following
categories, as documented:
A.Business is 51% or more owned by low- or very low-income persons,
(Attach a Section 3 Worker Certification(s) for each owner to this certification.)
B.Over 75 percent (75%) of the labor hours performed for the business
over the prior three-month period are performed by Section 3 workers,
Provide the following information for the prior three-month period:
•Indicate total number of labor hours performed by Section 3 workers:Hours
•Indicate total number of labor hours performed by all workers:Hours
•Calculate the percentage of labor hours by Section 3 workers:%
(Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.)
C.Business is 51% or more owned and controlled by current public
housing residents or residents who currently live in Section 8-assisted
housing. (Attach proof of public housing or Section 8-assisted housing residence.)
D.The above-mentioned business firm is not a Section 3 business
concern, but commits to the Section 3 goal:
Submit Notice of Section 3 Commitment Form
(NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED
ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON-SECTION 3
BUSINESS CONCERN.)
I declare under penalty of perjury under the laws of the State of California that the information stated
above is true and correct.
Signature Title Date
Section 3 Business Concern Certification Rev. 9.1.21
Page 66
Packet Page 001114
NOTICE OF SECTION 3 COMMITMENT
TO:
(Name of Labor Union, Workers Representative, etc.
(Address)
Name of Business (Contractor):
Project Name: Project Number:
The Undersigned currently holds a contract with
involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development
or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance
with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to
the greatest extent feasible, to give opportunities for employment and training to lower income
residence of the CDBG-assisted project area and to award contracts for work on the project to
business concerns which are located in or are owned in substantial part by project area residence.
Regarding employment opportunities for Section 3, the minimum number and job titles are:
Number Job Classification
Regarding job referrals, request that consideration be given, to the greatest extent feasible, to
assignment of persons residing in the service area or neighborhood in which the project is located.
The anticipated date the work will begin is . For additional information, you may
contact , at ( ) .
Contact Person’s Name Title
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted
by the undersigned in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Date) (Title)
Page 67
Packet Page 001115
1
SECTION 3 INCOME CERTIFICATION
Printed on: Effective Date:
INSTRUCTIONS: A Section 3 worker seeking certification shall self-certify and submit this form to the recipient
contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24
CFR Part 75. This is a written statement from the beneficiary documenting the definition used to determine
“Annual (Gross) Income”. To complete this statement, fill in the blank fields below, then sign this statement to
certify that the information is complete and accurate, and that source documentation will be provided upon
request.
BASIC INFORMATION:
Last Name: First Name:
Address:
ENTER/SELECT THE APPROPRIATE INFORMATION TO CONFIRM YOUR WORKER STATUS.
1.Are you a resident of public housing or a housing choice Voucher Holder (Section 8)?☐YES ☐ NO
2.Are you a Youth Build participant?☐YES ☐ NO
3.Do you live within one mile of the Project?☐YES ☐ NO
DEFINITION OF INCOME:
HUD 24 CFR Part 5
Low-income person means individuals whose incomes do not exceed 80 percent of the median income for the area.
Very low-income person means individuals whose incomes do not exceed 50 percent of the median family income for the area.
To verify Income Limits by Area: https://www.huduser.gov/portal/datasets/il.html#2021
*Please note that HUD updates income limits annually
In the field below, select the amount of individual (employee only) income you believe you earn on an annual basis.
☐Less than $20,000 ☐$35,001 – $40,000 ☐$55,001 – $60,000
☐$20,001 – $25,000 ☐$40,001 – $45,000 ☐$60,001 – $65,000
☐$25,001 – $30,000 ☐$45,001 – $50,000 ☐$65,001 – $70,000
☐$30,001 – $35,000 ☐$50,001 – $55,000 ☐More than $70,000
INCOME INFORMATION:
Annual gross income (Individual/ One Person) = $
IDENTIFY COUNTY:
☐Los Angeles County ☐ Orange County ☐ Riverside County ☐ San Bernardino County
Page 68
Packet Page 001116
2
CERTIFICATION
THIS SECTION MUST BE COMPLETED BY THE AUTHORIZED BUSINESS OWNER/AGENT
The above-named person is: An applicant ☐ A permanent full-time ☐ A new hire/employee ☐
I certify that this person’s annual gross income is/will be: $
This person’s work Classification is: Date of hire:
Business Name Printed Name of Owner /Agent Signature of Owner/Agent Date
*EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS.
I certify that this information is complete and accurate. I agree to provide, upon request, documentation on all income
sources to the HUD Grantee/Program Administrator.
Printed Full Name Signature Date:
WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section
1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and
willingly making a false or fraudulent statement to a department of the United States Government.
THIS SECTION MUST BE COMPLETED BY LABOR COMPLIANCE AGENCY
The above individual is (Check the applicable statement below):
☐A Section 3 worker who currently fits or when hired within the past five years fit at least one of the following
categories, as documented:
1)The worker's income for the previous or annualized calendar year is below the income limit established
by HUD.
2)The worker is employed by a Section 3 business concern.
3)The worker is a YouthBuild participant.
☐A Targeted Section 3 worker who currently fits at least one of the following categories, as documented:
1)A worker employed by a Section 3 business concern; or
2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
a.Living within the service area or the neighborhood of the project.
b.A YouthBuild participant.
☐Not a Section 3 worker or Targeted Section 3 worker.
Initial:
Page 69
Packet Page 001117
☐
☐
☐
☐
☐
☐
QUALITATIVE EFFORTS FOR CONTRACTORS
Engaged in outreach efforts to generate job applicants who are Targeted Section 3
workers.
Date of Outreach Effort Address of Outreach Effort
Provided training or apprenticeship opportunities.
Date of Training Address of Training
Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume
assistance, coaching).
Date of Technical Assistance Address of Technical Assistance
Provided or connected Section 3 workers with assistance in seeking employment
including: drafting resumes, preparing for interviews, and finding job opportunities
connecting residents to job placement services.
Date of Workers Assistance Address of Workers Assistance
Held one or more job fairs.
Date of Job Fair Address of Job Fair
Provided or referred Section 3 workers to services supporting work readiness and
retention (e.g., work readiness activities, interview clothing, test fees, transportation,
childcare).
Page 70
Packet Page 001118
☐
☐
☐
☐
☐
☐
Date of Referral Type of Service Provided or Referred
Provided assistance to apply for/or attend community college, a four-year educational
institution, or vocational/technical training.
Date of Assistance Type of Educational Assistance Provided
Assisted Section 3 workers to obtain financial literacy training and/or coaching.
Date of Assistance Type of Training/Coaching Provided
Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
Date of Outreach Description of Outreach
Provided technical assistance to help Section 3 business concerns understand and bid on
contracts.
Date of Technical Assistance Name of Business Concern
Divided contracts into smaller jobs to facilitate participation by Section 3 business
concerns.
Name of Business Concern
Provided bonding assistance, guaranties, or other efforts to support viable bids from
Section 3 business concerns.
Name of Business Concern Description of Assistance
Page 71
Packet Page 001119
☐
☐
☐
Promoted use of business registries designed to create opportunities for disadvantaged
and small businesses.
Date of Activity Name of Business Registry
Outreach, engagement, or referrals with the state one-stop system as defined in Section
121(e)(2) of the Workforce Innovation and Opportunity Act 17.
Date of Activity Description of Activity
Other:
Date of Activity Description of Activity
Contractor/Subcontractor Name Signature Date:
Page 72
Packet Page 001120
Submit After Project Completion
SECTION 3 ECONOMIC OPPORTUNITY REPORT
1.Recipient Name and Address
(Recipient, Sub-recipient, Contractor, Subcontractor)
2.Project Number: (Contract/Award No.) 3.Dollar Amount of Contract:
4.Contact Person:5.Phone: (Include Area Code)
6.Reporting Period:7.Date Report Submitted
8.Project Number:9.Federal EIN:
Part I: Employment & Training Opportunities provided to low-income individuals (Minimum Goal: 25% of Labor Hours)
JOB CLASSIFICATION TOTAL NEW
HIRES
TOTAL
SECTION 3
NEW HIRES
TOTAL
TARGETED
SECTION 3
NEW HIRES
TOTAL LABOR
HOURS WORKED
BY ALL WORKERS
TOTAL TARGETED/
SECTION 3 LABOR
HOURS
Professionals %
Technicians %
Office/Clerical %
Trade: %
Trade: %
TOTAL %
Part II: Subcontracts Awarded (Minimum Subcontract Goal is 25% of the Prime Contract Amount)
Number of Subcontracts awarded: Number of Section 3 Businesses Receiving Contracts:
Name of Qualified Business Concern Construction or Non-construction Contract Amount
$
$
$
$
Total Dollar Amount of Subcontracts awarded to Section 3 qualified Business Concerns: $
Dollar Amount of All Subcontracts: $
Percentage of the total dollar amount awarded to qualified Business Concerns: %
Part III: Summary of the efforts that were made to generate economic opportunities
Trained and/or Employed low-income individuals equal to (%) of the total labor hours. (Attach Resident
Certifications and employee timecards)
Awarded a Subcontract to qualified Business Concerns equal to (%) of the contract amount. (Attach Business
Certifications)
Attempted to recruit low-income individuals through:
Advertised through local media, television, radio, newspaper (Attach copy of advertisement)
Signs prominently displayed at the project site
Contacts with community organizations
Contacted management to notify residents and posted or distributed flyers at public housing authority (Attach list)
Participated in a HUD program or other program which promotes the training or employment of low -income individuals
Participated in a HUD program or other program which promotes the award of contracts to Section 3 Qualified Business
Concerns
Contacted agencies administering HUD Youth-Build programs. (Attach list)
Maintained a file of eligible, qualified low-income Residents and qualified Business Concerns for future employment.
OTHER - (Attach supporting documentation)
Page 73
Packet Page 001121
BUY AMERICA BUILD AMERICA (BABA)
REQUIREMENTS & CERTIFICATION FORM
PURPOSE: The awardee must comply with the requirements of the Build America, Buy America
(BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if
applicable to infrastructure projects. Pursuant to HUD's Notice "Public Interest Phased
Implementation Waiver for FY 2022 and 2023 of Build American, Buy America Provisions as
Applied to Recipients of HUD Federal Assistance (88 FR 17001), any funds obligated by HUD on or
after the applicable listed effective dates, are subject to BABA requirements, unless exempted by
a waiver. The “Buy America Certification Form” is used to certify that, as required by federal law,
all of the iron, steel, specific construction materials – non-ferrous metals, lumber, composite
building materials, plastic and polymer-based pipe and tube, (for FY24 funded projects and
forward), all construction materials, including manufactured products (for FY25 funded projects
and forward) utilized in federally funded projects with an aggregate of $250,000 or more funds,
including HUD CDBG funds, are produced in the United States in a manner that complies with the
Build America, Buy America Act, unless an applicable waiver applies or is granted by the Made in
America Office of Management and Budget (MIAO).
GENERAL INFORMATION: BABA guidance requires the following Buy America preference: 1. All
iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States for FY 2023 funded projects forward; and, 2. All listed manufactured products used
in the project are produced in the United States. This means the manufactured product was
manufactured in the United States, and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the
total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and, for FY 2025 funded projects forward; 3. All
(listed and non-listed) construction materials are manufactured in the United States. This means
that all manufacturing processes for the construction material occurred in the United States.
The Prime Contractor is responsible for all subcontractors and also ensuring that all
manufacturers and suppliers certify materials with the understanding that those certifying the
material assume full legal responsibility of the material and are subject to providing
documentation verifying the material meets all requirements upon demand. Engineers and/or
Architects signed or stamped acceptance of the attached submittal declares the submittals and
accompanying materials meet BABA requirements. Any additional materials needed for the
project should be itemized, specify if BABA applies, and then certified by the engineer prior to
submittal.
* Attach the final certified itemized cost estimate that identifies all materials subject to BABA
Page 74
Packet Page 001122
CERTIFICATION OF COMPLIANCE WITH BABA
I hereby certify the materials installed/to be installed pursuant to the attached Submittal conform
to the Build America, Buy America Provisions.
☐ I hereby certify that all of the iron and steel, manufactured products, and construction
materials supplied or provided by our company for use on this project were manufactured in
the United States of America, unless an applicable waiver applies.
or
I am relying on the following BABA waiver(s) (check all that apply):
☐ De Minimis Waiver: Iron and steel, manufactured products, and construction materials
supplied/provided by our company equal no more than 5 percent of the total applicable
project costs of the iron and steel, manufactured products, and construction materials used
in and incorporated into this project.
☐ Small Grants Waiver: The total loan amount does not exceed $250,000.00 and is not
anticipated to exceed this threshold for the life of the loan.
☐ Nonavailability Waiver: One or more iron or steel items, manufactured products, or
construction materials are not produced in the United States in sufficient and reasonably
available quantities or of a satisfactory quality.
☐ Unreasonable Cost Waiver: The inclusion of one or more iron or steel items, manufactured
products, or construction materials produced in the United States will increase the cost of the
overall project by more than 25 percent.
☐ Adjustment Period Waiver: The project design planning was initiated prior to May 14, 2022,
and the loan was obligated before November 13, 2023.
By signing this document, the signee is not exempt from providing evidence of the request.
RFP/Invitation #: _______________________________________________________________
Prime Contractor Name: _________________________________________________________
Authorized Representative Name: __________________________________________________
Authorized Representative Title: ___________________________________________________
Signature: _____________________________________________________________________
Phone Number: ________________________________________________________________
Email: ________________________________________________________________________
Page 75
Packet Page 001123
Title 24—Housing and Urban Development
Subtitle A—Office of the Secretary, Department of Housing and Urban Development
Part 75 Economic Opportunities for Low- and Very Low-Income Persons
Subpart A General Provisions
§ 75.1 Purpose.
§ 75.3 Applicability.
§ 75.5 Definitions.
§ 75.7 Requirements applicable to HUD NOFAs for Section 3 covered programs.
Subpart B Additional Provisions for Public Housing Financial Assistance
§ 75.9 Requirements.
§ 75.11 Targeted Section 3 worker for public housing financial assistance.
§ 75.13 Section 3 safe harbor.
§ 75.15 Reporting.
§ 75.17 Contract provisions.
Subpart C Additional Provisions for Housing and Community Development
Financial Assistance
§ 75.19 Requirements.
§ 75.21 Targeted Section 3 worker for housing and community development financial
assistance.
§ 75.23 Section 3 safe harbor.
§ 75.25 Reporting.
§ 75.27 Contract provisions.
Subpart D Provisions for Multiple Funding Sources, Recordkeeping, and
Compliance
§ 75.29 Multiple funding sources.
§ 75.31 Recordkeeping.
§ 75.33 Compliance.
PART 75—ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-
INCOME PERSONS
Authority:12 U.S.C. 1701u;42 U.S.C. 3535(d).
Source:85 FR 61562, Sept. 29, 2020, unless otherwise noted.
Subpart A—General Provisions
This content is from the eCFR and is authoritative but unofficial.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR Part 75 (Nov. 4, 2024)
24 CFR 75 (enhanced display)page 1 of 14
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§ 75.1 Purpose.
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that
economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be
directed to low- and very low-income persons, particularly those who are recipients of government assistance for
housing or residents of the community in which the Federal assistance is spent.
§ 75.3 Applicability.
(a)General applicability.Section 3 applies to public housing financial assistance and Section 3 projects, as
follows:
(1)Public housing financial assistance.Public housing financial assistance means:
(i)Development assistance provided pursuant to section 5 of the United States Housing Act of
1937 (the 1937 Act);
(ii)Operations and management assistance provided pursuant to section 9(e) of the 1937 Act;
(iii)Development, modernization, and management assistance provided pursuant to section 9(d) of
the 1937 Act; and
(iv)The entirety of a mixed-finance development project as described in 24 CFR 905.604, regardless
of whether the project is fully or partially assisted with public housing financial assistance as
defined in paragraphs (a)(1)(i) through (iii) of this section.
(2)Section 3 projects.
(i)Section 3 projects means housing rehabilitation, housing construction, and other public
construction projects assisted under HUD programs that provide housing and community
development financial assistance when the total amount of assistance to the project exceeds a
threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard
Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any
building(s) and improvements located on the site(s) that are under common ownership,
management, and financing.
(ii)The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not
less than once every 5 years based on a national construction cost inflation factor through
FEDERAL REGISTER notice not subject to public comment. When the Secretary finds it is warranted
to ensure compliance with Section 3, the Secretary may adjust, regardless of the national
construction cost factor, such thresholds through FEDERAL REGISTER notice, subject to public
comment.
(iii)The requirements in this part apply to an entire Section 3 project, regardless of whether the
project is fully or partially assisted under HUD programs that provide housing and community
development financial assistance.
(b)Contracts for materials.Section 3 requirements do not apply to material supply contracts.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.1
24 CFR 75.3(b) (enhanced display)page 2 of 14
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§ 75.5 Definitions.
The terms HUD, Public housing,and Public Housing Agency (PHA)are defined in 24 CFR part 5. The following
definitions also apply to this part:
(c)Indian and Tribal preferences.Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference
requirements as authorized under 101(k) of the Native American Housing Assistance and Self-
Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business
opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of
this part.
(d)Other HUD assistance and other Federal assistance.Recipients that are not subject to Section 3 are
encouraged to consider ways to support the purpose of Section 3.
1937 Act means the United States Housing Act of 1937,42 U.S.C. 1437 et seq.
Contractor means any entity entering into a contract with:
(1)A recipient to perform work in connection with the expenditure of public housing financial assistance
or for work in connection with a Section 3 project; or
(2)A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed
with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited
to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.
Professional services means non-construction services that require an advanced degree or professional
licensing, including, but not limited to, contracts for legal services, financial consulting, accounting
services, environmental assessment, architectural services, and civil engineering services.
Public housing financial assistance means assistance as defined in § 75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or housing and
community development assistance that funds Section 3 projects, including, but not limited to, any State,
local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).
Section 3 business concern means:
(1)A business concern meeting at least one of the following criteria, documented within the last six-
month period:
(i)It is at least 51 percent owned and controlled by low- or very low-income persons;
(ii)Over 75 percent of the labor hours performed for the business over the prior three-month period
are performed by Section 3 workers; or
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.3(c)
24 CFR 75.5 “Section 3 business concern” (1)(ii) (enhanced display)page 3 of 14
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(iii)It is a business at least 51 percent owned and controlled by current public housing residents or
residents who currently live in Section 8-assisted housing.
(2)The status of a Section 3 business concern shall not be negatively affected by a prior arrest or
conviction of its owner(s) or employees.
(3)Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3
business concern. Section 3 business concerns are not exempt from meeting the specifications of
the contract.
Section 3 project means a project defined in § 75.3(a)(2).
Section 3 worker means:
(1)Any worker who currently fits or when hired within the past five years fit at least one of the following
categories, as documented:
(i)The worker's income for the previous or annualized calendar year is below the income limit
established by HUD.
(ii)The worker is employed by a Section 3 business concern.
(iii)The worker is a YouthBuild participant.
(2)The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction.
(3)Nothing in this part shall be construed to require the employment of someone who meets this
definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of
the position to be filled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant-based
assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if
fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section
3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S.
Census.
Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's
obligation to perform work in connection with the expenditure of public housing financial assistance or for
a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in §§ 75.11,75.21, or 75.29, and does not exclude an
individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3226).
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.5 “Section 3 business concern” (1)(iii)
24 CFR 75.5 “YouthBuild programs” (enhanced display)page 4 of 14
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§ 75.7 Requirements applicable to HUD NOFAs for Section 3 covered programs.
All notices of funding availability (NOFAs) issued by HUD that announce the availability of funding covered by § 75.3
will include notice that this part is applicable to the funding and may include, as appropriate for the specific NOFA,
points or bonus points for the quality of Section 3 plans.
Subpart B—Additional Provisions for Public Housing Financial Assistance
§ 75.9 Requirements.
(a)Employment and training.
(1)Consistent with existing Federal, state, and local laws and regulations, PHAs or other recipients
receiving public housing financial assistance, and their contractors and subcontractors, must make
their best efforts to provide employment and training opportunities generated by the public housing
financial assistance to Section 3 workers.
(2)PHAs or other recipients, and their contractors and subcontractors, must make their best efforts
described in paragraph (a)(1) of this section in the following order of priority:
(i)To residents of the public housing projects for which the public housing financial assistance is
expended;
(ii)To residents of other public housing projects managed by the PHA that is providing the
assistance or for residents of Section 8-assisted housing managed by the PHA;
(iii)To participants in YouthBuild programs; and
(iv)To low- and very low-income persons residing within the metropolitan area (or nonmetropolitan
county) in which the assistance is expended.
(b)Contracting.
(1)Consistent with existing Federal, state, and local laws and regulations, PHAs and other recipients of
public housing financial assistance, and their contractors and subcontractors, must make their best
efforts to award contracts and subcontracts to business concerns that provide economic
opportunities to Section 3 workers.
(2)PHAs and other recipients, and their contractors and subcontractors, must make their best efforts
described in paragraph (b)(1) of this section in the following order of priority:
(i)To Section 3 business concerns that provide economic opportunities for residents of the public
housing projects for which the assistance is provided;
(ii)To Section 3 business concerns that provide economic opportunities for residents of other
public housing projects or Section-8 assisted housing managed by the PHA that is providing
the assistance;
(iii)To YouthBuild programs; and
(iv)To Section 3 business concerns that provide economic opportunities to Section 3 workers
residing within the metropolitan area (or nonmetropolitan county) in which the assistance is
provided.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.7
24 CFR 75.9(b)(2)(iv) (enhanced display)page 5 of 14
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§ 75.11 Targeted Section 3 worker for public housing financial assistance.
§ 75.13 Section 3 safe harbor.
(a)Targeted Section 3 worker.A Targeted Section 3 worker for public housing financial assistance means a
Section 3 worker who is:
(1)A worker employed by a Section 3 business concern; or
(2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
(i)A resident of public housing or Section 8-assisted housing;
(ii)A resident of other public housing projects or Section 8-assisted housing managed by the PHA
that is providing the assistance; or
(iii)A YouthBuild participant.
(b)[Reserved]
(a)General.PHAs and other recipients will be considered to have complied with requirements in this part, in
the absence of evidence to the contrary, if they:
(1)Certify that they have followed the prioritization of effort in § 75.9; and
(2)Meet or exceed the applicable Section 3 benchmarks as described in paragraph (b) of this section.
(b)Establishing benchmarks.
(1)HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or
both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide
benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3
workers, or may establish multiple benchmarks based on geography, the type of public housing
financial assistance, or other variables. HUD will update the benchmarks through a document
published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3
years. Such notice shall include aggregate data on labor hours and the proportion of PHAs and other
recipients meeting benchmarks, as well as other metrics reported pursuant to § 75.15 as deemed
appropriate by HUD, for the 3 most recent reporting years.
(2)In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours
worked by specific categories of workers or in different localities or regions; averages for labor hours
worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to
this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks,
HUD will exclude professional services from the total number of labor hours as such hours are
excluded from the total number of labor hours to be reported per § 75.15(a)(4).
(3)Section 3 benchmarks will consist of the following two ratios:
(i)The number of labor hours worked by Section 3 workers divided by the total number of labor
hours worked by all workers funded by public housing financial assistance in the PHA's or other
recipient's fiscal year.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.11
24 CFR 75.13(b)(3)(i) (enhanced display)page 6 of 14
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§ 75.15 Reporting.
(ii)The number of labor hours worked by Targeted Section 3 workers, as defined in § 75.11(a),
divided by the total number of labor hours worked by all workers funded by public housing
financial assistance in the PHA's or other recipient's fiscal year.
(a)Reporting of labor hours.
(1)For public housing financial assistance, PHAs and other recipients must report in a manner
prescribed by HUD:
(i)The total number of labor hours worked;
(ii)The total number of labor hours worked by Section 3 workers; and
(iii)The total number of labor hours worked by Targeted Section 3 workers.
(2)Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from
when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §
75.31.
(3)The labor hours reported under paragraph (a)(1) of this section must include the total number of
labor hours worked with public housing financial assistance in the fiscal year of the PHA or other
recipient, including labor hours worked by any contractors and subcontractors that the PHA or other
recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4)PHAs and other recipients reporting under this section, as well as contractors and subcontractors
who report to PHAs and recipients, may report labor hours by Section 3 workers, under paragraph
(a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of
this section, from professional services without including labor hours from professional services in
the total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers
both professional services and other work and the PHA, other recipient, contractor, or subcontractor
chooses not to report labor hours from professional services, the labor hours under the contract that
are not from professional services must still be reported.
(5)PHAs and other recipients may report on the labor hours of the PHA, the recipient, a contractor, or a
subcontractor based on the employer's good faith assessment of the labor hours of a full-time or
part-time employee informed by the employer's existing salary or time and attendance based payroll
systems, unless the project or activity is otherwise subject to requirements specifying time and
attendance reporting.
(b)Additional reporting if Section 3 benchmarks are not met.If the PHA's or other recipient's reporting under
paragraph (a) of this section indicates that the PHA or other recipient has not met the Section 3
benchmarks described in § 75.13, the PHA or other recipient must report in a form prescribed by HUD on
the qualitative nature of its Section 3 compliance activities and those of its contractors and
subcontractors. Such qualitative efforts may, for example, include but are not limited to the following:
(1)Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(2)Provided training or apprenticeship opportunities.
(3)Provided technical assistance to help Section 3 workers compete for jobs (e.g.,resume assistance,
coaching).
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.13(b)(3)(ii)
24 CFR 75.15(b)(3) (enhanced display)page 7 of 14
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§ 75.17 Contract provisions.
Subpart C—Additional Provisions for Housing and Community Development Financial
Assistance
§ 75.19 Requirements.
(4)Provided or connected Section 3 workers with assistance in seeking employment including: drafting
resumes, preparing for interviews, and finding job opportunities connecting residents to job
placement services.
(5)Held one or more job fairs.
(6)Provided or referred Section 3 workers to services supporting work readiness and retention (e.g.,
work readiness activities, interview clothing, test fees, transportation, child care).
(7)Provided assistance to apply for/or attend community college, a four-year educational institution, or
vocational/technical training.
(8)Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(9)Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(10)Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11)Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
(12)Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3
business concerns.
(13)Promoted use of business registries designed to create opportunities for disadvantaged and small
businesses.
(14)Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of
the Workforce Innovation and Opportunity Act.
(c)Reporting frequency.Unless otherwise provided, PHAs or other recipients must report annually to HUD
under paragraph (a) of this section, and, where required, under paragraph (b) of this section, in a manner
consistent with reporting requirements for the applicable HUD program.
(d)Reporting by Small PHAs.Small PHAs may elect not to report under paragraph (a) of this section. Small
PHAs that make such election are required to report on their qualitative efforts, as described in paragraph
(b) of this section, in a manner consistent with reporting requirements for the applicable HUD program.
(a)PHAs or other recipients must include language in any agreement or contract to apply Section 3 to
contractors.
(b)PHAs or other recipients must require contractors to include language in any contract or agreement to
apply Section 3 to subcontractors.
(c)PHAs or other recipients must require all contractors and subcontractors to meet the requirements of §
75.9, regardless of whether Section 3 language is included in contracts.
(a)Employment and training.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.15(b)(4)
24 CFR 75.19(a) (enhanced display)page 8 of 14
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§ 75.21 Targeted Section 3 worker for housing and community development financial
assistance.
§ 75.23 Section 3 safe harbor.
(1)To the greatest extent feasible, and consistent with existing Federal, state, and local laws and
regulations, recipients covered by this subpart shall ensure that employment and training
opportunities arising in connection with Section 3 projects are provided to Section 3 workers within
the metropolitan area (or nonmetropolitan county) in which the project is located.
(2)Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section
should be given to:
(i)Section 3 workers residing within the service area or the neighborhood of the project, and
(ii)Participants in YouthBuild programs.
(b)Contracting.
(1)To the greatest extent feasible, and consistent with existing Federal, state, and local laws and
regulations, recipients covered by this subpart shall ensure contracts for work awarded in
connection with Section 3 projects are provided to business concerns that provide economic
opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county)
in which the project is located.
(2)Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section
should be given to:
(i)Section 3 business concerns that provide economic opportunities to Section 3 workers residing
within the service area or the neighborhood of the project, and
(ii)YouthBuild programs.
(a)Targeted Section 3 worker.A Targeted Section 3 worker for housing and community development financial
assistance means a Section 3 worker who is:
(1)A worker employed by a Section 3 business concern; or
(2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
(i)Living within the service area or the neighborhood of the project, as defined in § 75.5; or
(ii)A YouthBuild participant.
(b)[Reserved]
(a)General.Recipients will be considered to have complied with requirements in this part, in the absence of
evidence to the contrary if they:
(1)Certify that they have followed the prioritization of effort in § 75.19; and
(2)Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b)Establishing benchmarks.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.19(a)(1)
24 CFR 75.23(b) (enhanced display)page 9 of 14
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§ 75.25 Reporting.
(1)HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or
both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide
benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3
workers, or may establish multiple benchmarks based on geography, the nature of the Section 3
project, or other variables. HUD will update the benchmarks through a document published in the
FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such
notice shall include aggregate data on labor hours and the proportion of recipients meeting
benchmarks, as well as other metrics reported pursuant to § 75.25 as deemed appropriate by HUD,
for the 3 most recent reporting years.
(2)In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours
worked by specific categories of workers or in different localities or regions; averages for labor hours
worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to
this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks,
HUD will exclude professional services from the total number of labor hours as such hours are
excluded from the total number of labor hours to be reported per § 75.25(a)(4).
(3)Section 3 benchmarks will consist of the following two ratios:
(i)The number of labor hours worked by Section 3 workers divided by the total number of labor
hours worked by all workers on a Section 3 project in the recipient's program year.
(ii)The number of labor hours worked by Targeted Section 3 workers as defined in § 75.21(a),
divided by the total number of labor hours worked by all workers on a Section 3 project in the
recipient's program year.
(a)Reporting of labor hours.
(1)For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i)The total number of labor hours worked;
(ii)The total number of labor hours worked by Section 3 workers; and
(iii)The total number of labor hours worked by Targeted Section 3 workers.
(2)Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from
when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §
75.31.
(3)The labor hours reported under paragraph (a)(1) of this section must include the total number of
labor hours worked on a Section 3 project, including labor hours worked by any subrecipients,
contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4)
of this section, to report.
(4)Recipients reporting under this section, as well as subrecipients, contractors and subcontractors
who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of
this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this
section, from professional services without including labor hours from professional services in the
total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.23(b)(1)
24 CFR 75.25(a)(4) (enhanced display)page 10 of 14
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both professional services and other work and the recipient or contractor or subcontractor chooses
not to report labor hours from professional services, the labor hours under the contract that are not
from professional services must still be reported.
(5)Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor
based on the employer's good faith assessment of the labor hours of a full-time or part-time
employee informed by the employer's existing salary or time and attendance based payroll systems,
unless the project or activity is otherwise subject to requirements specifying time and attendance
reporting.
(b)Additional reporting if Section 3 benchmarks are not met.If the recipient's reporting under paragraph (a) of
this section indicates that the recipient has not met the Section 3 benchmarks described in § 75.23, the
recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its
contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not
limited to the following:
(1)Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(2)Provided training or apprenticeship opportunities.
(3)Provided technical assistance to help Section 3 workers compete for jobs (e.g.,resume assistance,
coaching).
(4)Provided or connected Section 3 workers with assistance in seeking employment including: drafting
resumes, preparing for interviews, and finding job opportunities connecting residents to job
placement services.
(5)Held one or more job fairs.
(6)Provided or referred Section 3 workers to services supporting work readiness and retention (e.g.,
work readiness activities, interview clothing, test fees, transportation, child care).
(7)Provided assistance to apply for/or attend community college, a four-year educational institution, or
vocational/technical training.
(8)Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(9)Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(10)Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11)Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
(12)Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3
business concerns.
(13)Promoted use of business registries designed to create opportunities for disadvantaged and small
businesses.
(14)Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of
the Workforce Innovation and Opportunity Act.
(c)Reporting frequency.Unless otherwise provided, recipients must report annually to HUD under paragraph
(a) of this section, and, where required, under paragraph (b) of this section, on all projects completed
within the reporting year in a manner consistent with reporting requirements for the applicable HUD
program.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.25(a)(5)
24 CFR 75.25(c) (enhanced display)page 11 of 14
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§ 75.27 Contract provisions.
Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§ 75.29 Multiple funding sources.
§ 75.31 Recordkeeping.
(a)Recipients must include language applying Section 3 requirements in any subrecipient agreement or
contract for a Section 3 project.
(b)Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the
requirements of § 75.19, regardless of whether Section 3 language is included in recipient or subrecipient
agreements, program regulatory agreements, or contracts.
(a)If a housing rehabilitation, housing construction or other public construction project is subject to Section 3
pursuant to § 75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing
financial assistance and may follow either subpart B or C of this part for the housing and community
development financial assistance. For such a project, the following applies:
(1)For housing and community development financial assistance, a Targeted Section 3 worker is any
worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part;
and
(2)The recipients of both sources of funding shall report on the housing rehabilitation, housing
construction, or other public construction project as a whole and shall identify the multiple
associated recipients. PHAs and other recipients must report the following information:
(i)The total number of labor hours worked on the project;
(ii)The total number of labor hours worked by Section 3 workers on the project; and
(iii)The total number of labor hours worked by Targeted Section 3 workers on the project.
(b)If a housing rehabilitation, housing construction, or other public construction project is subject to Section
3 because the project is assisted with funding from multiple sources of housing and community
development assistance that exceed the thresholds in § 75.3(a)(2), the recipient or recipients must follow
subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
(a)HUD shall have access to all records, reports, and other documents or items of the recipient that are
maintained to demonstrate compliance with the requirements of this part, or that are maintained in
accordance with the regulations governing the specific HUD program by which the Section 3 project is
governed, or the public housing financial assistance is provided or otherwise made available to the
recipient, subrecipient, contractor, or subcontractor.
(b)Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that
employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3
worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1)For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i)A worker's self-certification that their income is below the income limit from the prior calendar
year;
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.27
24 CFR 75.31(b)(1)(i) (enhanced display)page 12 of 14
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§ 75.33 Compliance.
(ii)A worker's self-certification of participation in a means-tested program such as public housing
or Section 8-assisted housing;
(iii)Certification from a PHA, or the owner or property manager of project-based Section 8-assisted
housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a
participant in one of their programs;
(iv)An employer's certification that the worker's income from that employer is below the income
limit when based on an employer's calculation of what the worker's wage rate would translate
to if annualized on a full-time basis; or
(v)An employer's certification that the worker is employed by a Section 3 business concern.
(2)For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i)For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A)A worker's self-certification of participation in public housing or Section 8-assisted
housing programs;
(B)Certification from a PHA, or the owner or property manager of project-based Section
8-assisted housing, or the administrator of tenant-based Section 8-assisted housing that
the worker is a participant in one of their programs;
(C)An employer's certification that the worker is employed by a Section 3 business concern;
or
(D)A worker's certification that the worker is a YouthBuild participant.
(ii)For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A)An employer's confirmation that a worker's residence is within one mile of the work site or,
if fewer than 5,000 people live within one mile of a work site, within a circle centered on
the work site that is sufficient to encompass a population of 5,000 people according to the
most recent U.S. Census;
(B)An employer's certification that the worker is employed by a Section 3 business concern;
or
(C)A worker's self-certification that the worker is a YouthBuild participant.
(c)The documentation described in paragraph (b) of this section must be maintained for the time period
required for record retentions in accordance with applicable program regulations or, in the absence of
applicable program regulations, in accordance with 2 CFR part 200.
(d)A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from
when their certification as a Section 3 worker or Targeted Section 3 worker is established.
(a)Records of compliance.Each recipient shall maintain adequate records demonstrating compliance with
this part, consistent with other recordkeeping requirements in 2 CFR part 200.
(b)Complaints.Complaints alleging failure of compliance with this part may be reported to the HUD program
office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD
field office.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.31(b)(1)(ii)
24 CFR 75.33(b) (enhanced display)page 13 of 14
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(c)Monitoring.HUD will monitor compliance with the requirements of this part. The applicable HUD program
office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose
appropriate remedies and sanctions in accordance with the laws and regulations for the program under
which the violation was found.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.33(c)
24 CFR 75.33(c) (enhanced display)page 14 of 14
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Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Bid Schedule 1
1 Mobilization 1 LS 65,190.03 $65,190.03 15,000.00$ $15,000.00 21,285.00$ $21,285.00 $0.00 $0.00
2 Not used $0.00 $0.00 $0.00 $0.00 $0.00
3 Remove fence, posts, footings to make room for wider sidewalk.92 LF 17.54 $1,613.68 30.00$ $2,760.00 25.00$ $2,300.00 $0.00 $0.00
4 Remove existing driveway approach.1 LS 2,017.97 $2,017.97 10,000.00$ $10,000.00 1,955.00$ $1,955.00 $0.00 $0.00
5 Cut/remove Bollards & horizontal connectors as shown on plan to make
room for wider sidewalk.1 LS 538.13 $538.13 10,000.00$ $10,000.00 1,178.00$ $1,178.00 $0.00 $0.00
6 Construct 6' wide PCC Sidewalk per City STD. No. 202 “A”, use concrete
class 560-C-3250, 95% Subgrade Compaction.1,650 SF 16.14 $26,631.00 15.00$ $24,750.00 24.00$ $39,600.00 $0.00 $0.00
7 Construct PCC driveway approach to the parking lot Per plan and
specification. Use concrete class 560-C-3250 2 EA 4,708.59 $9,417.18 8,000.00$ $16,000.00 8,183.00$ $16,366.00 #REF!#REF!
8 Remove existing, and construct 4” of Asphalt Pavement. 95% subgrade
compaction 7,500 SF 10.81 $81,075.00 10.00$ $75,000.00 22.00$ $165,000.00 #REF!#REF!
9 Furnish and install new 6’ high chain link fence 92 LF 80.72 $7,426.24 50.00$ $4,600.00 94.00$ $8,648.00 #REF!#REF!
10
Apply 4” wide thermoplastic reflective white Striping, and blue borders for
Handicap path per 2023 Caltrans Standard A90A and ISA marking per
specification and Project Plans.
1 LS 3,313.67 $3,313.67 30.00$ $30.00 6,094.00$ $6,094.00 #REF!#REF!
11 Apply 4” wide thermoplastic reflective white striping for 9 parking stalls and 2
arrows per specification and project plans.1 LS 5,964.60 $5,964.60 8,000.00$ $8,000.00 2,613.00$ $2,613.00 #REF!#REF!
12 Furnish and install disabled parking sign per CALTRANS R99C(CA).1 EA 1,325.47 $1,325.47 1,000.00$ $1,000.00 1,096.00$ $1,096.00 #REF!#REF!
13 Furnish and install Curbs or Parking Bumpers.9 EA 294.54 $2,650.86 500.00$ $4,500.00 332.00$ $2,988.00 #REF!#REF!
14 Furnish and install 4’x8’ Project Sign 1 EA 4,708.59 $4,708.59 3,000.00$ $3,000.00 1,672.00$ $1,672.00 #REF!#REF!
15
Furnish and install round fiberglass trash cans “Benson Outdoors”, or
approved equal, base diameter 20” max. to fit in the existing holders/ rings.
see attached pictures.
8 EA 807.19 $6,457.52 1,500.00$ $12,000.00 2,410.00$ $19,280.00 #REF!#REF!
16 Upgrade (remove and replace) Bleachers’ Foundation (lumber).24 EA 336.33 $8,071.92 2,000.00$ $48,000.00 1,126.00$ $27,024.00 #REF!#REF!
17 Furnish and install approx. 6' high chain link fence as trash enclosure, open
on the west side. See plans for location.6 LF 2,017.97 $12,107.82 500.00$ $3,000.00 208.00$ $1,248.00 #REF!#REF!
18 Laser leveling including material (clay) for infield, pitching mound and bases
(No Turf area)1 LS 13,453.13 $13,453.13 30,000.00$ $30,000.00 16,857.00$ $16,857.00 #REF!#REF!
19 Sum of Bid Schedule 1: $251,962.81 for Zeco Inc.
20 Bid Schedule 2
21 Remove and dispose 6' high Chain Link Fence, Dugout fences, Bullpen
fences, Gates, (not posts)803 LF 13.07 $10,495.21 40.00$ $32,120.00 23.00$ $18,469.00 $0.00 $0.00
22 Remove and dispose 12' high Chain Link fence on North side, 25 LF 27.98 $699.50 40.00$ $1,000.00 114.00$ $2,850.00 $0.00 $0.00
23 Remove and dispose 15' high Chain Link fence on West side (not posts)25 LF 41.97 $1,049.25 40.00$ $1,000.00 90.00$ $2,250.00 $0.00 $0.00
24 Remove asphalt, Bleacher’s area and around concession building (area
between two fences, to south limit of the property). Gravel area not included.
10,000 SF 2.79 $27,900.00 10.00$ $100,000.00 9.00$ $90,000.00 $0.00 $0.00
25 Remove and dispose drinking fountain 1 EA 349.78 $349.78 1,000.00$ $1,000.00 535.00$ $535.00 $0.00 $0.00
26 Remove and dispose dugout benches 2 EA 699.56 $1,399.12 1,000.00$ $2,000.00 309.00$ $618.00 $0.00 $0.00
27 Remove and dispose score board 1 EA 6,995.63 $6,995.63 2,000.00$ $2,000.00 515.00$ $515.00 $0.00 $0.00
28 Remove and dispose electrical box and conduits from exterior wall of
concession building 1 LS 699.56 $699.56 1,000.00$ $1,000.00 227.00$ $227.00 $0.00 $0.00
29 Remove roof of concession building 1 LS 11,193.00 $11,193.00 5,000.00$ $5,000.00 9,211.00$ $9,211.00 $0.00 $0.00
30
Construct 4” PCC pavement Bleacher’s area and around concession
building (area between two fences, down to south limit of the property).
Gravel area not included. Use concrete class 560-C-3250, 95% subgrade
compaction
10,000 SF 17.49 $174,900.00 26.00$ $260,000.00 20.00$ $200,000.00 $0.00 $0.00
31 Concession stand Stub-up inside the building for utility feed & Electrical
wiring inside the building.1 LS 18,161.72 $18,161.72 2,000.00$ $2,000.00 29,925.00$ $29,925.00 $0.00 $0.00
32 Furnish and install new torch down three-layer roof on concession building 1 LS 40,359.38 $40,359.38 10,000.00$ $10,000.00 47,113.00$ $47,113.00 $0.00 $0.00
33 Replace two ball field lights on Southwest Light pole 2 EA 6,053.91 $12,107.82 1,000.00$ $2,000.00 3,559.00$ $7,118.00 $0.00 $0.00
34 Furnish and install Bases and Pegs 3 EA 1,178.75 $3,536.25 1,000.00$ $3,000.00 500.00$ $1,500.00 $0.00 $0.00
35 Furnish and install 6" Tall Portable Pitching Mound 1 EA 5,893.75 $5,893.75 2,000.00$ $2,000.00 3,369.00$ $3,369.00 $0.00 $0.00
BID TABULATION
1. BID TABULATION
PROJECT NAME: IMPROVEMENTS AT GUTIERREZ PARK
PROJECT NO: PR 25-009
Bid Item and Description
Apparent Low Bidder 1
Zeco Inc
Apparent Low Bidder 5Apparent Low Bidder 2
Kashan Group
Apparent Low Bidder 4Apparent Low Bidder 3
US Builders & Consultants Inc.
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Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
BID TABULATION
1. BID TABULATION
PROJECT NAME: IMPROVEMENTS AT GUTIERREZ PARK
PROJECT NO: PR 25-009
Bid Item and Description
Apparent Low Bidder 1
Zeco Inc
Apparent Low Bidder 5Apparent Low Bidder 2
Kashan Group
Apparent Low Bidder 4Apparent Low Bidder 3
US Builders & Consultants Inc.
36 Furnish and install 8" Tall Portable Pitching Mound 1 EA 8,251.25 $8,251.25 2,000.00$ $2,000.00 5,344.00$ $5,344.00 $0.00 $0.00
37 Furnish and install Home Plate 1 EA 2,357.50 $2,357.50 2,000.00$ $2,000.00 438.00$ $438.00 $0.00 $0.00
38 Furnish and install Backstop Netting and Pole Cap 1 LS 35,362.50 $35,362.50 5,000.00$ $5,000.00 16,556.00$ $16,556.00 $0.00 $0.00
39 Furnish and install Foul Poles (exact location not shown on plans)2 EA 11,787.50 $23,575.00 4,000.00$ $8,000.00 7,833.00$ $15,666.00 $0.00 $0.00
40 Furnish and install Wall Padding, 5’ high x 20’ long 1 LS 17,681.25 $17,681.25 3,000.00$ $3,000.00 4,239.00$ $4,239.00 $0.00 $0.00
41 Furnish and install new Scoreboard 1 LS 47,150.00 $47,150.00 50,000.00$ $50,000.00 9,718.00$ $9,718.00 $0.00 $0.00
42
Furnish paint, and paint existing fence posts that are rusty, with silver color
exterior enamel paint that also stops rust. Exclude the posts that will be
sleeved over with new posts.
1 LS 12,812.50 $12,812.50 5,000.00$ $5,000.00 40,436.00$ $40,436.00 $0.00 $0.00
43
Furnish and Install new 8' high chain link fence per specifications for all
fences that were 6' high, including Dugouts and Bullpens. Increase height of
posts by placing larger diameter posts over the existing posts.
850 LF 76.88 $65,348.00 100.00$ $85,000.00 91.00$ $77,350.00 $0.00 $0.00
44
Furnish and install new 15' high Chain Link Fence on West side, and on
North side of ballfield per specification. Extend posts where less than 15’
high.
50 LF 320.31 $16,015.50 300.00$ $15,000.00 631.00$ $31,550.00 $0.00 $0.00
45 Furnish and install new 7’ high x 4’ wide chain link door per specifications
(one each for North and West dugout)2 EA 7,046.88 $14,093.76 3,000.00$ $6,000.00 2,843.00$ $5,686.00 $0.00 $0.00
46 Furnish and install 8' high x 12' wide Chain Link Gate per specifications 1 EA 15,375.00 $15,375.00 5,000.00$ $5,000.00 8,529.00$ $8,529.00 $0.00 $0.00
47 Furnish and install galvanized corrugated metal roofing shade for Dugouts,
including beams and necessary posts (see attached pictures)2 EA 23,062.50 $46,125.00 8,000.00$ $16,000.00 11,911.00$ $23,822.00 $0.00 $0.00
48 Furnish and install Bat Rack and inground Team Bench inside Dugout.2 EA 1,921.88 $3,843.76 1,000.00$ $2,000.00 3,326.00$ $6,652.00 $0.00 $0.00
49 Furnish and install inside the bullpen Decomposed Granite (DG)2 EA 1,281.00 $2,562.00 2,000.00$ $4,000.00 2,942.00$ $5,884.00 $0.00 $0.00
50 Furnish and install inside the batting cage new roll off turf and DG.1 EA 3,843.75 $3,843.75 3,000.00$ $3,000.00 15,601.00$ $15,601.00 $0.00 $0.00
51 Furnish and install new drinking water fountain Zurn Elkay LK4410GRY or
approved equal 1 EA 5,125.00 $5,125.00 10,000.00$ $10,000.00 10,985.00$ $10,985.00 $0.00 $0.00
52
53 Sum of Bid Schedule 2: $635,261.74 for Zeco Inc.
54
Apparent Low Bidder 1 Apparent Low Bidder 2 Apparent Low Bidder 3 Apparent Low Bidder 4 Apparent Low Bidder 5
$887,224.55 $912,760.00 $1,027,360.00 #REF!#REF!
$887,224.55 $912,760.00 $1,027,360.00 #REF!#REF!
A1 -$ -$ -$ -$
A2
A3
A4
A5
$0.00 $0.00 $0.00 $0.00 $0.00
$887,224.55 $912,760.00 $1,027,360.00 #REF!#REF!
BID RANKING
TOTAL BID AMOUNT INDICATED BY BIDDER
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES
CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID
AMOUNT
ADDITIVE ALTERNATE #1
ADDITIVE ALTERNATE # TOTAL
BASE BID + ADDITIVE ALTERNATVE TOTAL
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Attachment 5
Project Location
300 ft
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Data SIO, NOAA, U.S. Navy, NGA, GEBCO
Data SIO, NOAA, U.S. Navy, NGA, GEBCO
Data SIO, NOAA, U.S. Navy, NGA, GEBCO
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24. Rejecting Construction Bids for Storm Drain Improvement Project (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California adopt Resolution 2025-017 Rejecting the Construction
Bids for the Storm Drain Improvement Project.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Rejecting Construction Bids for Storm Drain
Improvement Project (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-017 Rejecting the Construction Bids for the Storm
Drain Improvement Project.
Executive Summary
City Staff recommends rejecting the bid received for the Storm Drain Improvement
Project from Gentry General Engineering, Inc. in the amount of $915,551.00 as the
bid exceed the allocated funding for the project
Background
The Public Works Department is tasked with the ongoing maintenance and
management of the city’s storm drain system. Several key intersections across the city
experience significant flooding during the rainy season due to outdated or insufficient
storm drain infrastructure. To address these recurring issues, staff issued a Request
for Bids to improve the storm drain system at the most affected locations.
This project represents Phase I of the storm drain system upgrades, targeting seven
high-priority intersections throughout the City that are prone to flooding. These
locations have been identified as having inadequate storm drainage capacity, primarily
due to the age and deterioration of the existing infrastructure. The proposed upgrades
are essential for mitigating flooding risks and improving overall stormwater
management.
The Storm Drain Improvement Project encompasses several locations across the city,
addressing critical infrastructure needs in various neighborhoods. The project spans
multiple intersections and street corners, with work planned in the following areas:
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•The northwest and southwest corners at North Mountain View Avenue and
West Marshall Boulevard (Ward 7)
•All four corners at North Lugo Avenue and East 21st Street (Ward 2)
•The northeast and northwest corners at D Street and Marshall Avenue (Ward
7)
•The north corners at West 28th Street and North Stoddard Avenue (Ward 7)
•The intersection at I Street and Marshall Avenue (Ward 5)
•1212 West Mill Street (Ward 3)
•2617 West Rialto Avenue (Ward 3)
The proposed improvements aim to enhance stormwater management and reduce
flooding risks in these areas. The scope of work for the project includes a
comprehensive range of activities, including the fabrication and installation of
construction signage, clearing and grubbing, and the removal and construction of
various concrete improvements. These include curb ramps, sidewalks, driveway
approaches, curbs, gutter systems, cross gutters, and spandrels. Additionally, the
project will involve roadway milling, removal and replacement of deteriorated asphalt
concrete pavement, crack sealing, and the application of an asphalt concrete overlay.
Traffic striping, pavement markings, and the adjustment of existing utility frames and
covers will also be part of the work.
The project will ensure compliance with National Pollutant Discharge Elimination
System (NPDES) and Stormwater Pollution Prevention Plan (SWPPP) requirements,
and include necessary traffic control measures, survey marking, and other associated
tasks as outlined in the project plans and specifications. These improvements are
essential to maintaining the city's storm drain infrastructure and improving the overall
safety and functionality of the affected areas.
On June 21, 2023, the Mayor and City Council adopted Resolution No. 2023-080,
which approved the Fiscal Year 2023 and Fiscal Year 2024 Operating Budget and
Capital Improvement Plan. This resolution provided the financial framework and
authorization necessary for various projects and initiatives, including infrastructure
upgrades and facility improvements. The adoption of this resolution confirmed the
allocation of funds for critical projects, ensuring that necessary renovations, such as
those for the storm drain improvements, are supported within the City's broader
budgetary and strategic planning efforts.
Discussion
This Storm Drain at Various Locations project was advertised for public bidding on
September 4, 2024, on Planet Bids.
Sealed bid was received and opened on October 8, 2024. The City received one bid
as follows:
Bidder City Base Bid
Gentry General
Engineering, Inc.
Colton, CA $915,551.00
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The City has reviewed the bid package and confirmed that Gentry General
Engineering, Inc. from the City of Colton, California, is the lowest responsible and
responsive bidder, with a total bid amount of $915,551.00. The lowest bid is
significantly above the Engineer’s overall estimate of $400,000.00.
Upon review, this bid exceeds the Engineer's estimate by a considerable margin. Due
to the considerable difference between the bid amount and the estimated cost, City
Staff recommends rejecting the current bid to keep the project within the approved
budget. Although sufficient funds are available for the project, we recommend rejecting
the current bid due to its substantial deviation from the Engineer’s estimate, as well as
the fact that only a single bid was received. We propose re-evaluating both the scope
of work and the Engineer’s estimate before reissuing the bid. This will allow for a more
competitive bidding process and enable the City to assess whether the price is aligned
with current market conditions.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial
Capacity - Minimize risk and litigation exposure. Approval of this resolution will ensure
the project is executed within budget, thereby reducing potential financial strain and
mitigating litigation exposure associated with cost overruns.
Fiscal Impact
There is no financial impact to the General Fund resulting from the rejection of this
bid.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-020:
1. Rejecting the Construction Bids for the Storm Drain Improvement Project.
Attachments
Attachment 1 Resolution No. 2025-017
Attachment 2 Bid Tabulation
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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Resolution No. 2025-017
RESOLUTION NO. 2025-017
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
REJECTING BIDS FOR THE STORM DRAIN
IMPROVEMENT PROJECT.
WHEREAS, The City Public Works Department are responsible for the maintaining and
operating storm drains City wide; and
WHEREAS, The plans and specifications were released for bid on September 4, 2024,
sealed bids were received on October 8, 2024.
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 reject all
bids for project entitled “Storm Drain Improvement Project” pursuant to California Public Contract
Code Section 20166 and San Bernardino Municipal Code Section 3.04.070(E).
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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________, 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
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Resolution No.2025-
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Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No.2025-
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-017, adopted at a regular meeting held on the ___ day of _______ 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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Quantity Unit Unit Price Total Price Unit Price Total Price
1.1 Mobilization 1 LS 4,500.00$ $4,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00
1.2 Traffic Control 1 LS 8,500.00$ $8,500.00 $8,500.00 $8,500.00 $8,500.00 $8,500.00
1.3
Clearing And Grubbing, Unclassified Excavation, And Unclassified Fill, Including Cleaning
The Entire Culvert Box And Removing The Parkway Culvert Deck Concrete, Asphalt,
Concrete, Curb, etc... As Highlighted In The Drawings.
1 LS 14,300.00$ $14,300.00 $14,300.00 $14,300.00 $14,300.00 $14,300.00
1.4
Construct Parkway Culvert Concrete Decking including constructing the inlet and the
outlet openings with modified depression from the NW to the SW As Per The City
Modified Standard Drawing #400, and Detail A
250 SF 280.00$ $70,000.00 $280.00 $70,000.00 $280.00 $280.00
1.5 Overlay 2’’ Asphalt over the parkway decking and 6 Feet around the corners as highlighted
in Detail B 1600 SF 10.75$ $17,200.00 $10.75 $17,200.00 $10.75 $10.75
1.6
Construct Concrete Sidewalk (Panels and Curb) at the NW and SW corners with maximum
slope of 2.0% and to be matched with the existing surrounding levels, without any changes
in the elevation, Cast In Place Federal Yellow Truncated Dome, and Rebuilding of a
Circular Drain Lid As Per SPPWC 111-5, and Detail B
900 SF 21.25$ $19,125.00 $21.25 $19,125.00 $21.25 $21.25
1.7 Pavement Markers, Marking, Legend, Striping, Signage & Stop Bar.1 LS 3,800.00$ $3,800.00 $3,800.00 $3,800.00 $3,800.00 $3,800.00
2.1 Mobilization 1 LS 5,000.00$ $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
2.2 Traffic Control 1 LS 9,500.00$ $9,500.00 $9,500.00 $9,500.00 $9,500.00 $9,500.00
2.3
Clearing And Grubbing, Unclassified Excavation, And Unclassified Fill, Including Cleaning
The Entire Culvert Box And Removing The Parkway Culvert Deck Concrete, Asphalt,
Concrete, Curb, etc... As Highlighted In The Drawings.
1 LS 17,600.00$ $17,600.00 $17,600.00 $17,600.00 $17,600.00 $17,600.00
2.4
Construct Parkway Culvert Concrete Decking including constructing the inlet and the
outlet openings with modified depression As Per The City Modified Standard Drawing
#400, and Detail A
300 SF 280.00$ $84,000.00 $280.00 $84,000.00 $280.00 $280.00
2.5 Mill and Overlay 2’’ Asphalt over the 2-parkway decking and the entire intersection as
highlighted in the drawing.1900 SF 10.00$ $19,000.00 $10.00 $19,000.00 $10.00 $10.00
2.6
Construct Concrete Sidewalk (Panels and Curb) at the 4 corners with maximum slope of
2.0% and to be matched with the existing surrounding levels, without any changes in the
elevation, Cast In Place Federal Yellow Truncated Dome, and Rebuilding a Circular Drain
Lid As Per SPPWC 111-5, and Detail B
800 SF 22.00$ $17,600.00 $22.00 $17,600.00 $22.00 $22.00
2.7 Pavement Markers, Marking, Legend, Striping, Signage & Stop Bar.1 LS 4,300.00$ $4,300.00 $4,300.00 $4,300.00 $4,300.00 $4,300.00
3.1 Mobilization 1 LS 4,000.00$ $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00
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Bid Item and Description
AVERAGE BID VALUES LOWEST UNIT BID PRICE HIGHEST UNIT BID PRICEGentry General Engineering Inc.
1. BID TABULATION
PROJECT NAME: Storm Drain at Various Locations
PROJECT NO: RFQ F-24-4019
BID TABULATION Apparent Low Bidder 1
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3.2 Traffic Control 1 LS 7,400.00$ $7,400.00 $7,400.00 $7,400.00 $7,400.00 $7,400.00
3.3
Clearing And Grubbing, Unclassified Excavation, And Unclassified Fill, Including Cleaning
The Entire Culvert Box And Removing The Parkway Culvert Deck Concrete, Asphalt,
Concrete, Curb, etc... As Highlighted In The Drawings.
1 LS 13,600.00$ $13,600.00 $13,600.00 $13,600.00 $13,600.00 $13,600.00
3.4
Construct Parkway Culvert Concrete Decking including constructing the inlet and the
outlet openings with modified depression from the NE to the NW As Per The City
Modified Standard Drawing #400, and Detail A
200 SF 280.00$ $56,000.00 $280.00 $56,000.00 $280.00 $280.00
3.5 Overlay 2’’Asphalt over the parkway decking and 6 Feet around the corners as highlighted
in Detail B 1000 SF 14.00$ $14,000.00 $14.00 $14,000.00 $14.00 $14.00
3.6
Construct Concrete Sidewalk (Panels and Curb) at the NE and NW corners with maximum
slope of 2.0% and to be matched with the existing surrounding levels, without any changes
in the elevation, Cast In Place Federal Yellow Truncated Dome, and Rebuilding a Circular
Drain Lid As Per SPPWC 111-5, and Detail B
600 SF 24.25$ $14,550.00 $24.25 $14,550.00 $24.25 $24.25
3.7 Pavement Markers, Marking, Legend, Striping, Signage & Stop Bar.1 LS 4,000.00$ $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00
4.1 Mobilization 1 LS 3,500.00$ $3,500.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00
4.2 Traffic control 1 LS 8,000.00$ $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00
4.3 Construct PCC cross gutter between the ne corner and NW corner with two PCC
spandrels connected to the existing gutters as per the city standard (dwg#201)400 SF 54.84$ $21,936.00 $54.84 $21,936.00 $54.84 $54.84
4.4 Adjust the NE access ramp elevation, truncated dome, curb & gutter, and asphalt slot
patch according to the new cross gutter level as per SPPWC 111-5 1 LS 9,000.00$ $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00
4.5 Mill and overlay 2’’ Asphalt as highlighted in the drawing.1200 SF 14.50$ $17,400.00 $14.50 $17,400.00 $14.50 $14.50
4.6 Pavement Markers, Marking, Legend, Striping, Signage & Stop Bar.1 LS 3,800.00$ $3,800.00 $3,800.00 $3,800.00 $3,800.00 $3,800.00
5.1 Mobilization 1 LS 5,600.00$ $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00
5.2 Traffic Control 1 LS 10,500.00$ $10,500.00 $10,500.00 $10,500.00 $10,500.00 $10,500.00
5.3
Clearing And Grubbing, Unclassified Excavation, And Unclassified Fill, Including Cleaning
The Entire Culvert Box And Removing The Parkway Culvert Deck Concrete, Asphalt,
Concrete, Curb, etc... As Highlighted In The Drawings.
1 LS 17,800.00$ $17,800.00 $17,800.00 $17,800.00 $17,800.00 $17,800.00
5.4
Construct Parkway Culvert Concrete Decking including constructing the inlet and the
outlet openings with modified depression As Per The City Modified Standard Drawing
#400, and Detail A
1000 SF 280.00$ $280,000.00 $280.00 $280,000.00 $280.00 $280.00
5.5 Overlay 2’’ Asphalt over the parkway decking and 6 Feet around the corners as highlighted
in Detail B 600 SF 12.50$ $7,500.00 $12.50 $7,500.00 $12.50 $12.50
5.6 Pavement Markers, Marking, Legend, Striping, Signage & Stop Bar.1 LS 5,600.00$ $5,600.00 $5,600.00 $5,600.00 $5,600.00 $5,600.00
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6.1 Mobilization 1 LS 4,500.00$ $4,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00
6.2 Traffic control 1 LS 6,400.00$ $6,400.00 $6,400.00 $6,400.00 $6,400.00 $6,400.00
6.3 Prepare, implement, and maintain storm-water pollution prevention plan (SWPPP) per
NPDES compliance 1 LS 3,600.00$ $3,600.00 $3,600.00 $3,600.00 $3,600.00 $3,600.00
6.4 Saw cut and remove the asphalt and all yielding and/or any unclassified soil above the
storm drainpipe 1 LS 12,700.00$ $12,700.00 $12,700.00 $12,700.00 $12,700.00 $12,700.00
6.5 Remove and replace the existing damage storm drain RCP with a similar 15'' RCP.40 LF 400.00$ $16,000.00 $400.00 $16,000.00 $400.00 $400.00
6.6 Backfill subgrade with class ii base compacted to 95%1 LS 13,400.00$ $13,400.00 $13,400.00 $13,400.00 $13,400.00 $13,400.00
6.7 Repave the top asphalt as per the city standard drawing #310 320 SF 42.00$ $13,440.00 $42.00 $13,440.00 $42.00 $42.00
6.8 Pavement Markers, Marking, Legend, Striping, Signage & Stop Bar.1 LS 3,800.00$ $3,800.00 $3,800.00 $3,800.00 $3,800.00 $3,800.00
7.1 Mobilization 1 LS 4,000.00$ $4,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00
7.2 Traffic control 1 LS 5,500.00$ $5,500.00 $5,500.00 $5,500.00 $5,500.00 $5,500.00
7.3 Prepare, implement, and maintain storm-water pollution prevention plan (SWPPP) per
NPDES compliance 1 LS 3,100.00$ $3,100.00 $3,100.00 $3,100.00 $3,100.00 $3,100.00
7.4 Saw cut and remove the asphalt and all yielding and/or any unclassified soil above the
storm drainpipe 1 LS 7,400.00$ $7,400.00 $7,400.00 $7,400.00 $7,400.00 $7,400.00
7.5 Repair the existing damage storm drain RCP 10 LF 843.00$ $8,430.00 $843.00 $8,430.00 $843.00 $843.00
7.6 Backfill subgrade with class ii base compacted to 95%1 LS 7,510.00$ $7,510.00 $7,510.00 $7,510.00 $7,510.00 $7,510.00
7.7 Repave the top asphalt as per the city standard drawing #310 80 SF 42.00$ $3,360.00 $42.00 $3,360.00 $42.00 $42.00
7.8 Pavement Markers, Marking, Legend, Striping, Signage & Stop Bar.1 LS 3,800.00$ $3,800.00 $3,800.00 $3,800.00 $3,800.00 $3,800.00
Apparent Low
Bidder 1
$915,551.00
$915,551.00
$0.00
BID RANKING
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES
TOTAL BID AMOUNT INDICATED BY BIDDER
CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT
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25. Amendment No. 2 to Agreement with Infrastructure Engineers, A Bowman
Company (Wards 1, 2, 3, 6 & 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 2 to the Professional Services Agreement with
Infrastructure Engineers, A Bowman Company, extending the term until June 30, 2025
to continue the provision of construction management and inspections services for the
creation and installation of Advanced Dilemma Zone Detection system at 49 signalized
intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland
Avenue.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Amendment No. 2 to Agreement with Infrastructure
Engineers, A Bowman Company (Wards 1, 2, 3, 6 & 7)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 2 to the Professional Services Agreement with
Infrastructure Engineers, A Bowman Company, extending the term until June 30, 2025
to continue the provision of construction management and inspections services for the
creation and installation of Advanced Dilemma Zone Detection system at 49 signalized
intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland
Avenue.
Executive Summary
Advanced dilemma zone detection systems use sensors and real-time data analysis
to identify vehicles approaching intersections in situations where it is unclear whether
they should stop or proceed, optimizing traffic signal timing to improve flow and reduce
delays. This project involves the construction and installation of the Advanced Dilemma
Zone Detection system at 49 signalized intersections on three corridors: Baseline
Street, Mount Vernon Avenue, and Highland Avenue. The extension of the
Professional Service Agreement will provide construction management and
inspections services for the project and not lead to any costs beyond the amount
initially awarded by the Mayor and the City Council.
Background
The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with
the purpose to achieve a significant reduction in traffic fatalities and serious injuries on
all public roads, including roads not owned by the State and roads on tribal land. The
HSIP requires a data-driven, strategic approach to improving highway safety on all
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public roads with a focus on performance.
The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C.
148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR
924). The HSIP consists of three main components: the Strategic Highway Safety Plan
(SHSP), State Highway Safety Improvement Projects (HSIP), and the Railway-
Highway Crossing Program (RHCP). In addition, some states also have a High-Risk
Rural Roads (HRRR) program if an area has had an increase of fatalities on rural
roads.
The announcement for project submissions from HSIP Cycle 9’s came in May of 2018.
In August 2018, the City of San Bernardino submitted an application to obtain funding
for construction and installation of an Advanced Dilemma Zone Detection System for
49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue,
and Highland Avenue. On December 27, 2018, the City received a HSIP grant in the
amount of $4,341,400 to carry out the project.
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168
adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget
included Capital Improvement Plan (CIP) TC20-008 project provide construction and
installation of Advanced Dilemma Zone Detection system at 49 signalized intersections
on three corridors: Baseline Street, Mt. Vernon Avenue, and Highland Avenue; and
established $4,341,400 in HSIP Grant funds to support the project. The Design for the
project was completed in July 2021 by Iteris Corporation at a total cost of $339,547.
On June 15, 2022, the Mayor and City Council awarded Infrastructure Engineers a
Professional Services Agreement for overseeing construction management (CM) and
inspection services related to the installation of the Advanced Dilemma Zone Detection
system at 49 signalized intersections along three corridors: Baseline Street, Mount
Vernon Avenue, and Highland Avenue. Additionally, on the same date, Elecnor Belco
Electric Inc. was granted a construction contract for implementing the improvements
necessary for the dilemma zone project.
Following a pre-construction meeting held between City staff and the CM team, Elecnor
Belco Electric Inc. requested the termination of their contract on September 13, 2022,
citing price escalations for traffic signal poles, traffic signal controller cabinets, traffic
signal controllers, software, conflict monitors, and additional labor cost increases.
Construction was subsequently delayed as these issues were being addressed.
Infrastructure Engineers responsibility for project oversight was placed on hold during
this period while efforts were made to resolve the contractor's concerns.
After an extensive period of legal assistance provided by the City's legal team spanning
from September 2022 to August 2023, along with consultations involving staff from
Caltrans District 8 and the Federal Highway Administration, a consensus was reached.
It was determined that the most favorable course of action for both the City and the
contractor was to proceed with the construction phase. With input from Caltrans District
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8 staff, it was concluded that the contractor had no valid grounds for requesting a cost
increase prior to commencing construction. As a result, Caltrans recommended to
proceed with the construction project in accordance with the original bid documents.
The contractor was duly notified of this decision, and a Notice to Proceed has been
issued to initiate the procurement of materials for the project.
During the dispute, the Infrastructure Engineers' contract expired on June 15, 2023. To
continue work on the project, it is recommended that the contract be extended to June
30, 2025.
On October 18, 2023, the City Council approved Amendment No. 1 to the agreement
with Infrastructure Engineers, A Bowman Company, for time extension. Amendment
No. 1 allotted additional time to complete the initial phase of the project, which focused
on assessing and addressing construction concerns within the Advanced Dilemma
Zone and extended the project term until October 18, 2024.
Discussion
The extension of the contract with Infrastructure Engineers is necessary to ensure the
successful completion of the Advanced Dilemma Zone Detection System project,
which has faced delays due to contractor disputes and price escalations. Infrastructure
Engineers’ oversight of construction management and inspection services is critical to
maintaining project quality, ensuring regulatory compliance, and coordinating with
stakeholders such as the City, contractors, Caltrans, and the Federal Highway
Administration. Given their technical expertise and familiarity with the project,
extending their contract through June 30, 2025, will allow them to continue addressing
the necessary adjustments and help bring the project to a successful conclusion in line
with the Highway Safety Improvement Program (HSIP) requirements.
Approval of Amendment No. 2 extends the term of the original contract but does not
introduce, modify, or authorize any new scope of work. Following the additional time
granted under Amendment No. 1, the construction was completed in full. As a result,
the required services from Infrastructure Engineers, A Bowman Company, have been
reduced in scope due to the completion of construction. While most of the work has
been finalized, the company is still obligated to submit the necessary closeout
documentation, which is essential for ensuring compliance with grant requirements and
auditing procedures. Completing the closeout documentation is one aspect of
construction management.
The project completion date remains unchanged, with the period of performance set to
end on June 1, 2025. The proposed amendment will extend the agreement through
June 30, 2025. Infrastructure Engineers' scope of work is based on the Caltrans Post
Construction Review Checklist from the Local Assistance Procedures Manual. The
reversion date, which is set for June 30, 2027, refers to the period during which grant
funds can still be utilized. Any work completed before this date is eligible for
reimbursement.
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2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Improved Operational & Financial
Capacity – Create a framework for spending decisions. Approval of this resolution will
result in the execution of public improvements which minimize risk and litigation
exposure by upgrading the existing traffic signals on various arterials within the City.
Fiscal Impact
There is no General Fund impact associated with this item. Also, the extension of the
proposed term has no impact on the cost of the project. The total design and
construction cost for the project is estimated to be $4,340,947. The design phase of
the project was completed at a cost of $339,547, leaving $4,001,400 remaining for the
construction cost. The overall construction costs of the project are as follows:
Construction Bid Amount $ 3,757,314.00
Construction Contingency $ 122,026.00
Construction Engineering & Inspections $ 122,060.00
Total Construction Project Cost $ 4,001,400.00
Total Design and Construction Cost $ 4,340,947.00
Available Grant Fund Amount $ 4,341,400.00
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 2 to the No. 2 Professional Services Agreement
with Infrastructure Engineers, A Bowman Company, extending the term until June 30,
2025 to continue the provision of construction management and inspections services
for the creation and installation of Advanced Dilemma Zone Detection system at 49
signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and
Highland Avenue.
Attachments
Attachment 1 Amendment No. 2 to Agreement – Infrastructure Engineers, A
Bowman Company
Attachment 2 Amendment No. 1 to Agreement – Infrastructure Engineers, A Bowan
Company
Attachment 3 Professional Services Agreement with Infrastructure Engineers, A
Bowman Company
Ward
First Ward; Second Ward; Third Ward; Sixth Ward; Seventh Ward
Synopsis of Previous Council Actions
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-168
approving Capital Program FY 2019-20
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June 15, 2022 Mayor and City Council Award Professional Services Agreement for
Construction Management and Inspections Services for the
Installation of Advanced Dilemma Zone Detection at 49
Intersections on Three Corridors: Baseline Street, Mount Vernon
Avenue, and Highland Avenue (Wards 1,2,3, 6, & 7)
January 18, 2023 Mayor and City Council Approved Amendment No. 1 to Agreement
with Infrastructure Engineers, A Bowman Company (Wards 1,2,3,
6, & 7)
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AMENDMENT NO. 2 TO
AGREEMENT FOR PROFESSIONAL SERVICES
INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
This Amendment No. 2 to the Professional Services Agreement for project
management services is made and entered into as of January 15, 2025, by and between
the City of San Bernardino, a charter city and municipal corporation (“City”) and
Infrastructure Engineers, a Bowman Company a California corporation (“Consultant”).
City and Consultant are sometimes referred to herein individually as a “Party” and
collectively as “Parties.”
RECITALS
A. WHEREAS, the City and Consultant have entered into an agreement dated
June 15, 2022, for the purpose of providing construction management and inspections
services for the construction and installation of Advanced Dilemma Zone Detection
system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon
Avenue, and Highland Avenue (the “Original Agreement”);
B. WHEREAS, on October 18, 2023, the Parties entered into Amendment No.
1 to the Original Agreement in order to extend the term of the Original Agreement.
C. WHEREAS, the Parties now desire to amend the Original Agreement in
order to extend the term of the Original Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 2 and the Original
Agreement, as previously amended, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and
are hereby incorporated herein by this reference.
2. Term. The term of the Original Agreement shall be extended through June
30, 2025, unless earlier terminated.
3. Amendment to Section 6 of the Master Agreement. The last sentence of
Section 6 of the Original Agreement shall be amended to read as follows:
“The total duration of the Agreement, including the exercise of any options, shall
not exceed June 30, 2025
4. Full Force. Except as amended by this Amendment No. 2, all provisions of
the Original Agreement, as previously amended, including without limitation the indemnity
and insurance provisions, shall remain in full force and effect and shall govern the actions
of the Parties under this Amendment No. 2.
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5. Electronic Transmission. A manually signed copy of this Amendment No. 2
which is transmitted by facsimile, email or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 2 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
2 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
INFRASTRUCTURE ENGINEERS, a
BOWMAN COMPANY
Signature
Name
Title
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AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
This Amendment No. 1 to the Professional Services Agreement for project
management services is made and entered into as of October 18, 2023, by and between
the City of San Bernardino, a charter city and municipal corporation (“City”) and
Infrastructure Engineers, a Bowman Company a California corporation (“Consultant”).
City and Consultant are sometimes referred to herein individually as a “Party” and
collectively as “Parties.”
A. WHEREAS, the City and Consultant have entered into an agreement dated
June 15, 2022, for the purpose of providing construction management and inspections
services for the construction and installation of Advanced Dilemma Zone Detection
system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon
Avenue, and Highland Avenue (the “Master Agreement”);
B. WHEREAS the Parties now desire to amend the Master Agreement in order
to extend the term of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and
are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended through
October 18, 2024, unless earlier terminated.
3. Amendment to Section 6 of the Master Agreement. The last sentence of
Section 6 of the Master Agreement shall be amended to read as follows:
“The total duration of the Agreement, including the exercise of any options, shall
not exceed October 18, 2024.”
4. Full Force. Except as amended by this Amendment No. 1, all provisions of
the Master Agreement, as previously amended, including without limitation the indemnity
and insurance provisions, shall remain in full force and effect and shall govern the actions
of the Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1
which is transmitted by facsimile, email or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
DocuSign Envelope ID: FF4DA6AA-C77D-4B9C-9D28-ECAA8669AC00
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Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: FF4DA6AA-C77D-4B9C-9D28-ECAA8669AC00
Packet Page 001202
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
INFRASTRUCTURE ENGINEERS, a
BOWMAN COMPANY
Signature
Name
Title
DocuSign Envelope ID: FF4DA6AA-C77D-4B9C-9D28-ECAA8669AC00
Principal of Operations
Farzad Dorrani
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26. Award of Construction Agreement for Improvements at Ruben Campos
Community Center to Perfection Painting Corp, and Authorize a Project Budget
of $392,520 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California adopt Resolution 2025-018:
1. Approving the award of a Construction Agreement with Perfection
Painting Corp in the amount of $327,100.00 for the Improvements at Ruben
Campos Community Center (Project); and
2. Authorizing the construction contingencies, construction management,
and administrative costs in the total amount of $65,420.00 for construction of the
project.
3. Authorizing the Director of Finance and Management Services to amend
the FY 2024/25 CIP budget with an additional $178,084.00 from the AB 1600
Parkland and Op Fund to bring the total project budget to $392,520.00.
4. Authorizing the City Manager or designee to execute all documents with
Perfection Painting Corp; and
5. Authorizing the City Manager or designee to expend the contingency fund,
if necessary, to complete the project.
6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Award of Construction Agreement for Improvements
at Ruben Campos Community Center to Perfection
Painting Corp, and Authorize a Project Budget of
$392,520 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-018:
1. Approving the award of a Construction Agreement with Perfection Painting Corp
in the amount of $327,100.00 for the Improvements at Ruben Campos
Community Center (Project); and
2. Authorizing the construction contingencies, construction management, and
administrative costs in the total amount of $65,420.00 for construction of the
project.
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland
and Op Fund to bring the total project budget to $392,520.00.
4. Authorizing the City Manager or designee to execute all documents with
Perfection Painting Corp; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
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6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
Executive Summary
Awarding the Agreement for construction of the Improvements at Ruben Campos
Community Center Project would enhance the facility ensuring that it continues to
serve as a vital resource for our community. The Agreement would allow the City to
issue Perfection Painting Corp a Notice to Proceed, initiating the process to
construct the improvements. The agreement will include Perfection Painting Corp’s
construction fee of $327,100.00 Additional funds are recommended for design
contingencies in the amount of $65,420.00 The total cost of design and design
contingencies is $392,520.00. The improvements at the Ruben Campos Community
Center include upgrades to HVAC systems, restroom fixtures, gym flooring, ADA-
compliant doors and pathways, as well as enhanced parking and accessibility
features.
Background
The Ruben Campos Community Center at Nunez Park, is located at 1717 5th Street,
San Bernardino, CA 92411, serves as a cornerstone of community engagement,
offering a variety of programs and services that cater to residents of all ages. The
facility includes a spacious multi-purpose room, as well as designated areas
specifically designed to accommodate senior citizens and recreational activities.
The center provides a wide range of programs aimed at fostering personal
development, community involvement, and recreation. These programs include Arts
& Crafts, Indoor/Outdoor Games, the Boys Hobby Club, Nutrition Education, the
Little Princess Club, the Teen Club, Open Breakdancing sessions, a Lunch
Program, and Homework Help for students. The center’s offerings play a vital role
in supporting the social, educational, and recreational needs of the local community,
making it an essential hub for residents.
On May 15, 2024, the Mayor and City Council adopted the Fiscal Year 2024-25
Annual Action Plan for the Community Development Block Grant (CDBG), HOME
Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs.
These federal funding programs are designed to support the City’s efforts in
addressing affordable housing, homelessness prevention, community development,
and public services. The Annual Action Plan outlines how the City will allocate these
funds to meet identified community needs and priorities for the upcoming fiscal year.
For capital improvement projects, the City has proposed allocating $1,309,341 to
the Public Works department, which includes $250,000 for improvements at the
Ruben Campos Community Center. This funding will help support the facility's
ongoing use by community programs, including those that serve low- and moderate-
income individuals, such as Project Fighting Chance.
Discussion
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The proposed improvements to the Ruben Campos Community Center include a
range of upgrades to enhance accessibility, functionality, and safety for all users.
The scope of work involves removing and replacing the existing air conditioning (AC)
units on the roof, along with updating the related controls and interfaces. Restroom
fixtures will be replaced with ADA-compliant fixtures to ensure accessibility for
individuals with disabilities. The gym area will receive new MONDO flooring, which
is durable and designed for athletic use. Additionally, an ADA-compliant double door
will be installed on the west side of the building to improve accessibility, and a new
concrete path of travel will be constructed to provide wheelchair access throughout
the facility. The project will also include necessary striping for handicap parking
stalls and other related striping to ensure proper compliance with accessibility
standards. These upgrades will significantly improve the overall usability and
accessibility of the community center for all visitors.
Staff recommends authorizing the City Manager or their designee to execute all
necessary documents with Perfection Painting Corp, and to manage the project,
including the expenditure of contingency funds if needed. These actions are
necessary to ensure the successful completion of the improvements at Ruben
Campos Community Center project, which will provide valuable community
engagement opportunities at this facility. The recommended actions are aimed at
facilitating the timely and efficient progress of this project.
The Project was advertised for public bidding on November 13, 2024 on PlanetBids.
Two sealed bids were received and opened on December 4, 2024. The
total base bid prices are as follows:
Staff has reviewed all bid packages and determined Perfection Painting Corp of
Palmdale, CA, is the lowest responsible and responsive bidder with a total base bid
amount of $327,100.00.
Although Dale Plumbing & Construction is the lowest bidder, they were deemed
non-responsive due to failure to submit all required documentation by the bid
deadline. As a result, the next responsive bidder, who has submitted all necessary
documents and met the project requirements, has been selected for the project. This
decision ensures compliance with the bid requirements and allows the City to
proceed with a qualified contractor to complete the improvements. The selected
bidder's proposal is consistent with the project's scope.
Initially, $250,000 was adopted for this project from CDBG fund. From this amount,
several expenses have been deducted, including $13,360 for environmental review
services provided by Ultrasystems Inc., $20,000 for labor compliance, and
Bidder City Base Bid
Perfection Painting Corp Palmdale, CA $327,100.00
Dale Plumbing & Construction $195,530.00
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$2,204.00 for a Daily Journal advertisement. After accounting for these
expenditures, the remaining available budget is $214,436.
The lowest bid received for the construction work is $327,100.00. Additionally, there is a
contingency and administrative cost of $65,420.00, which covers unexpected expenses
and project management. With these amounts added together, the total construction cost
for the project is $392,520.00.
The total remaining budget from the CDBG Fund is $214,436. However, the total
construction cost is $392,520.00, which exceeds the available CDBG funds. As a
result, there is a funding shortfall of $178,084.00, which represents the additional
amount required to fully finance the project. Therefore, the project needs an additional
$178,084.00 in funding beyond the current CDBG allocation to cover the total
construction expenses.
To address this shortfall, Staff proposes this project be funded using two sources: the
remaining CDBG Fund balance of $214,436.00 and the additional $178,084.00 from
the AB 1600 Parkland and Operations Fund. Together, these funds make up the total
project budget of $392,520.00, ensuring that all project expenses are covered.
Below is the tentative construction schedule outlining the anticipated timeline and key
Cost
Adopted CDBG Budget $250,000.00
Environmental Review - Ultrasystems Inc ($13,360.00)
Estimated Labor Compliance ($20,000.00)
Advertisement - Daily Journal Corporation ($2,204.00)
Remaining Budget $214,436.00
Bid
Lowest Bid $327,100.00
Contingency & Administrative Cost $65,420.00
Total Construction Cost $392,520.00
Budget
Remaining Budget - CDBG $214,436.00
Total Construction Cost ($392,520.00)
Additional Funding Required ($178,084.00)
Proposed Budget
CDBG Fund $214,436.00
AB 1600 Parkland and Op Fund $178,084.00
Total Project Budget $392,520.00
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milestones for this Project, emphasizing that it is subject to adjustments due to
contingencies and unforeseen circumstances. The Contractor shall complete all work
required by the Contract Documents within sixty (60) calendar days from the
commencement date stated in the Notice to Proceed.
Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or
Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or
reconstruction of existing structures or facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the
same purpose and capacity as the structure replaced. Here, the Project involves
minor improvements and reconstructing the park facilities located on the same site.
The City has also considered whether the proposed Project is subject to any
exception to the Class 2 exemption, as set forth in State CEQA Guidelines section
15300.2. No exception applies for the following reasons:
a) The location exception only applies to Class 3, 4, 5, 6, and 11
exemptions, none of which are being utilized here.
b) The proposed Project would not result in any significant
cumulative impacts on the environment. The cumulative impacts
exception does not apply because the Project has no
incrementally significant impacts on the environment.
c) A categorical exemption may be subject to an exception where
there is a reasonable possibility that the activity will have a
significant effect on the environment due to unusual
circumstances. The proposed Project does not involve any
unusual circumstances and has no potential to result in a
Mayor and City
Council Approval
1/15/2025
Contract Execution
& P.O Issuance
Feburary 2025
Pre-Construction
Meeting
March 2025
Notice to Proceed
March 2025
Construction Start
April 2025
Construction
Completed
June 2025
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significant impact on the environment.
d) Under the “scenic highways” exception, a categorical exemption
may be subject to an exception where the project may result in
damage to scenic resources within a highway officially
designated as a state scenic highway. The exception does not
apply here as the Project would not damage any scenic
resources within a state scenic highway.
e) The Project is not located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code.
f) The Project site does not contain a historical resource.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with the Key Target No. 3:
Improved Quality of Life. The completion of this project will improve the community’s
quality of life by providing safe and well-maintained community center facilities.
Fiscal Impact
There is no General Fund impact associated with this action. The project will be
funded using existing CDBG funding and an additional $178,084.00 from the AB
1600 Parkland and Op Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-018:
1. Approving the award of a Construction Agreement with Perfection Painting Corp
in the amount of $327,100.00 for the Improvements at Ruben Campos
Community Center (Project); and
2. Authorizing construction contingencies, construction management, and
administrative costs in the total amount of $65,420.00 for construction of the
project.
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP budget with an additional $178,084.00 from the AB 1600 Parkland
and Op Fund to bring the total project budget to $392,520.00.
4. Authorizing the City Manager or designee to execute all documents with
Perfection Painting Corp; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
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6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
Attachments
Attachment 1 Resolution No. 2025-018
Attachment 2 Agreement with Perfection Painting Corp
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward:
First Ward
Synopsis of Previous Council Actions:
May 15, 2024 Adopt Fiscal Year 2024-25 Annual Action Plan for the
Community Development Block Grant, HOME Investment
Partnership and Emergency Solutions Grant Programs (All
Wards)
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Resolution No. 2025-018
Resolution 2025-018
January 15, 2025
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RESOLUTION NO. 2025-018
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF AN AGREEMENT WITH
PERFECTION PAINTING CORP IN THE AMOUNT OF
$327,100.00 FOR THE IMPROVEMENTS AT RUBEN
CAMPOS COMMUNITY CENTER (PROJECT);
AUTHORIZING THE CONSTRUCTION CONTINGENCIES,
CONSTRUCTION MANAGEMENT, AND
ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT OF
$65,420.00 FOR CONSTRUCTION OF THE PROJECT;
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
CIP BUDGET WITH AN ADDITIONAL $178,084.00 FROM
THE AB 1600 PARKLAND AND OP FUND TO BRING THE
TOTAL PROJECT BUDGET TO $392,520.00;
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL DOCUMENTS WITH PERFECTION
PAINTING CORP; AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO EXPEND THE CONTINGENCY FUND,
IF NECESSARY, TO COMPLETE THE PROJECT; AND
FINDING THE PROJECT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO STATE CEQA GUIDELINES SECTION
15302 (“REPLACEMENT OR RECONSTRUCTION”).
WHEREAS, the City of San Bernardino (“City”) desires to improve Ruben Campos
Community Center amenities to enhance accessibility, functionality, and safety for all visitors (the
“Improvements at Ruben Campos Community Center Project”); and
WHEREAS, the Ruben Campos Community Center seeks to replace the roof-mounted
AC units, update controls, install ADA-compliant restroom fixtures and a double door, add a new
concrete wheelchair-accessible path, update the gym with MONDO flooring, and ensure
compliance with accessibility standards through proper striping, including handicap parking.
WHEREAS, the improvements at Ruben Campos Community Center aims to support the
social, educational, and recreational needs of the local community; and
WHEREAS, on May 15, 2024, the Mayor, and City Council adopted Fiscal Year 2024-25
Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership
and Emergency Solutions Grant Programs; and
WHEREAS, the designated funds are focused on critical infrastructure projects within the
City, including the Improvements at Ruben Campos Community Center Project; and
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Resolution No. 2025-018
Resolution 2025-018
January 15, 2025
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WHEREAS, the Improvements at Ruben Campos Community Center Project was
advertised for public bidding on November 13, 2024, on PlanetBids with the City receiving two
sealed bids; and
WHEREAS, City staff reviewed all bid packages and determined that Perfection Painting
Corp was the lowest responsible and responsive bidder; and
WHEREAS, an additional budget action is needed to provide full funding for the
Improvements at Ruben Campos Community Center Project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve
the award of an Agreement with Perfection Painting Corp. in the amount of $327,100 for
Improvements at Ruben Campos Community Center (Project).
SECTION 3. The Mayor and City Council hereby authorize the construction
contingencies, construction management, and administrative costs in the total amount of
$49,065.00 for construction of the Project.
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the FY 2024/25 CIP budget with an additional $178,084.00 from
the AB 1600 Parkland and Op Fund to bring the total project budget to $392,520.00.
SECTION 5. The Mayor and City Council hereby authorize the City Manager or
designee to execute all documents with Perfection Painting Corp.
SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee
to expend the contingency fund, if necessary, to complete the project.
SECTION 7.The Mayor and City Council finds this Resolution is categorically exempt
from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines
Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allow for the
replacement or reconstruction of existing structures or facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the same purpose and
capacity as the structure replaced. Here, the Project involves minor improvements and
reconstructing the park facilities located on the same site. The Mayor and City Council also find
this Resolution is also not subject to any exception to the Class 2 exemption, as set forth in State
CEQA Guidelines section 15300.2.
SECTION 8.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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Resolution No. 2025-018
Resolution 2025-018
January 15, 2025
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SECTION 9. 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 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-018
Resolution 2025-018
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-018, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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-1- 00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. GB 25-007 is made and entered into this 15th
day of January, 2025 by and between the CITY OF SAN BERNARDINO , with its principal
place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401,
sometimes hereinafter called the “City” and Perfection Painting Corp, sometimes hereinafter
called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete all of the
Work required in strict compliance with the Contract Documents as specified in Article 5, below,
for the following Project:
Improvements at Ruben Campos Community Center
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by
the Contract Documents within sixty (60) calendar days from the commencement date stated in
the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set
forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and including all
applicable taxes and costs, the sum of Three Hundred Twenty-Seven Thousand One Hundred
Dollars ($327,100.00). Payment shall be made as set forth in the General Conditions. The City
will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature of the
Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
Contractor will pay the City the sum of One Thousand Dollars ($1,000.00) for each and every
calendar day of delay beyond the time prescribed in the Contract Documents for finishing the
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Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the
Contractor agrees the City may deduct that amount from any money due or that may become due
the Contractor under the Contract. This Section does not exclude recovery of other damages
specified in the Contract Documents. Liquidated damages may be deducted from progress
payments due Contractor, Project retention or may be collected directly from Contractor, or from
Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case
of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Reference Specifications
Approved and fully executed Change Orders
Permits
Project Signs (4’x8’)
City of San Bernardino Business Registration Application Form
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
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ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state and local laws, rules and regulations, including, but not
limited to, the provisions of the California Labor Code and California Public Contract Code which
are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
This is a federally assisted construction contract. Federal labor standards provisions outlined in
the HUD-4010 form, including the prevailing wage requirements of the Davis-Bacon and Related
Acts (DBRA), will be enforced. The applicable Federal wage decision is the one in effect ten (10)
days prior to bid opening; it is included in these specifications and is available online at
https://sam.gov/content/wage-determinations. In the event of a conflict between the Federal and
State wage rates, the higher of the two will prevail. The State wage rates are available online at
http://www.dir.ca.gov/DLSR/PWD/index.htm. Lower State wage rates for work classifications not
specifically included in the Federal wage decision are not acceptable.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’
fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding
on public contracts for a period of up to five (5) years.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IMPROVEMENTS AT RUBEN CAMPOS
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-4- 00 52 13 – CONTRACT FOR CONSTRUCTION
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF SAN BERNARDINO
By:
Rochelle Clayton
Acting City Manager
ATTEST:
By:
Genova Rocha, CMC, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Perfection Painting Corp
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
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-5- 00 52 13 – CONTRACT FOR CONSTRUCTION
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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IMPROVEMENTS AT RUBEN CAMPOS
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-6- 00 61 13 – BOND FORMS
00 61 13 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as
the “City”) has awarded to _________________________, (hereinafter referred to as the
“Contractor”) an agreement for Contract No._________, (hereinafter referred to as the
“Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and
________________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of ___________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total
amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees including reasonable
attorney’s fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by the City, during which time if
Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally
protect the City from loss or damage resulting from or caused by defective materials or faulty
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workmanship. The obligations of Surety hereunder shall continue so long as any obligation of
Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s
obligations under the Contract, law or equity, including, but not limited to, California Code of
Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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-8- 00 61 13 – BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of ___________________________________________
process in California, if different ___________________________________________
from above)
(Telephone number of Surety ___________________________________________
and Agent or Representative for
service of process in California)
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to
local representatives of the bonding company must also be attached.
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END OF PERFORMANCE BOND
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Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the
“City”), by action taken or a resolution passed ___________________ , 20_____, has awarded
to ________________________ hereinafter designated as the “Principal,” a contract for the
work described as follows: Contract No.____________ (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held
and firmly bound unto the City in the penal sum of ______________ Dollars ($___________)
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other
supplies, used in, upon, for or about the performance of the work contracted to be done, or for
any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or
Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so
as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
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pertaining or relating to any scheme or work of improvement herein above described, or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission or attempted rescission of the contract, agreement or bond,
nor by any conditions precedent or subsequent in the bond attempting to limit the right of
recovery of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant seeking to
recover on the bond and that this bond be construed most strongly against the Surety and in
favor of all persons for whose benefit such bond is given, and under no circumstances shall
Surety be released from liability to those for whose benefit such bond has been given, by
reason of any breach of contract between the owner or the City and original contractor or on the
part of any obligee named in such bond, but the sole conditions of recovery shall be that
claimant is a person described in Civil Code Section 9100, and has not been paid the full
amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract to be performed thereunder, shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of Contract, including but not limited to, the
provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
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END OF PAYMENT BOND
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00 72 00 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS
1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the
terms listed below will have the meanings indicated which are applicable to both the
singular and plural thereof. In addition to terms specifically defined below, terms with
initial capital letters in the Contract Documents include references to identified
articles and paragraphs, and the titles of other documents or forms.
1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or
a tidal wave.
2. Addenda -- Written or graphic instruments issued prior to the submission of Bids
which clarify, correct, or change the Contract Documents.
3. Additional Work -- New or unforeseen work will be classified as “Additional Work”
when the Engineer determines that it is not covered by the Contract.
4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations,
permits, and licenses of any kind, issued by local, state or federal governmental
authorities or private authorities with jurisdiction (including utilities), to the extent
they apply to the Work.
5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting
forth the prices and other terms for the Work to be performed.
6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by
the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into
a written contract.
7. Bidder -- The individual or entity who submits a Bid directly to the City.
8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Times,
issued on or after the Effective Date of the Contract, in accordance with the
Contract Documents and in the form contained in the Contract Documents.
9. Change Order Request (“COR”) -- A request made by the Contractor for an
adjustment in the Contract Price and/or Contract Times as the result of a
Contractor-claimed change to the Work. This term may also be referred to as a
Change Order Proposal (“COP”), or Request for Change (“RFC”).
10. City’s Representative – The City Engineer, and acting through properly authorized
agents, such as the Engineer or such other agents acting within the scope of the
particular duties entrusted to them. Also sometimes referred to as the “City’s
Representative” or “Representative” in the Contract Documents. The terms the
City and Owner may be used interchangeably
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11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of
Contract Price or Contract Times, or both, or other relief with respect to the terms
of the Contract. A demand for money or services by a third party is not a Claim.
12. Contract -- The entire integrated written agreement between the City and
Contractor concerning the Work. “Contract” may be used interchangeably with
“Agreement” in the Contract Documents. The Contract supersedes prior
negotiations, representations, or agreements, whether written or oral, and includes
all Contract Documents.
13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the
Contract for Construction. Some documents provided by the City to the Bidders
and Contractor, including but not limited to reports and drawings of subsurface and
physical conditions are not Contract Documents.
14. Contract Price -- Amount to be paid by the City to the Contractor as full
compensation for the performance of the Contract and completion of the Work,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs.
15. Contract Time -- The number of days or the dates stated in the Contract
Documents to: achieve defined milestones, if any; and to complete the Work so
that it is ready for final payment.
16. Contractor -- The individual or entity with which the City has contracted for
performance of the Work.
17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated
On-Site Representative will be identified by the Contractor and shall not be
changed without prior written consent of the City.
18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported
by documented proof that Contractor made every effort to obtain such materials
from all available sources; (b) such shortage is due to the fact that such materials
are not physically available from single or multiple sources or could have been
obtained only at exorbitant prices entirely inconsistent with current and standard
rates taking into account the quantities involved and the usual industry practices
in obtaining such quantities; and (c) such shortages and the difficulties in obtaining
alternate sources of materials could not have been known or anticipated by
Contractor at the time it submitted its bid or entered the Contract. Market
fluctuations in prices of materials, whether or not resulting from a Force Majeure
Event, does not constitute a Critical Supply Shortage.
19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full
compensation to the Contractor due to the City’s unreasonable delay to the Project
that was not contemplated by the parties.
20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
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21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not
conform to the Contract Documents; or that does not meet the requirements of any
inspection, reference standard, test, or approval referenced in the Contract
Documents.
22. Demobilization -- The complete dismantling and removal by the Contractor of all
of the Contractor’s temporary facilities, equipment, and personnel at the Site.
23. Drawings -- That part of the Contract Documents prepared by of the Engineer of
Record which graphically shows the scope, extent, and character of the Work to
be performed by Contractor. Shop Drawings and other Contractor Submittals are
not Drawings as so defined.
24. Effective Date of the Contract -- The date indicated in the Contract on which it
becomes effective, but if no such date is indicated, it means the date on which the
Contract is signed and delivered by the last of the two parties to sign and deliver.
25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer
authorized to act for and in behalf of the City, acting either directly or through
properly authorized agents, such agents acting severally within the scope of the
particular duties entrusted to them.
26. Force Majeure Event -- An event that materially affects a party’s performance and
is one or more of the following: (1) Acts of God or other natural disasters occurring
at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental
authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required
for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and
other organized labor action occurring at the Site and the effects thereof on the
Work, only to the extent such strikes and other organized labor action are beyond
the control of Contractor and its Subcontractors, of every Tier, and to the extent
the effects thereof cannot be avoided by use of replacement workers; and (6) a
Critical Supply Shortage. For purposes of this section, “orders of governmental
authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its
capacity as a municipal authority.
27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided
in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended
from time to time, or any substance or material identified as hazardous under any
state or federal statute governing handling, disposal and/or cleanup of any such
substance or material, whichever is more restrictive.
28. Holiday – Holidays occur on:
New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
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Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are
both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday
are both Holidays.
29. Notice of Award -- The written notice by the City to the Successful Bidder stating
that upon timely compliance by the Successful Bidder with the conditions
precedent listed therein, the City will sign and deliver the Contract.
30. Notice of Completion -- The form which may be executed by the City constituting
final acceptance of the Project.
31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date
on which the Contractor may proceed with the Work and when Contract Times will
commence to run.
32. Project -- The total construction of which the Work to be performed under the
Contract Documents may be the whole, or a part.
33. Record Drawings – The record set of as-builts prepared by the Contractor during
the Work in accordance with the requirements of the General Conditions.
34. Recyclable Waste Materials -- Materials removed from the Site which are required
to be diverted to a recycling center rather than an area landfill. Recyclable Waste
Materials include, but are not limited to, asphalt, concrete, brick, concrete block,
and rock.
35. Sample -- A physical example furnished by the Contractor to illustrate materials,
equipment or workmanship; to establish standards by which the Work will be
judged.
36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of
required submittals and the time requirements to facilitate scheduled performance
of related construction activities.
37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data
or information which are specifically prepared or assembled by or for Contractor
and submitted by Contractor to illustrate some portion of the Work.
38. Site -- Lands or areas indicated in the Contract Documents as being furnished by
the City upon which the Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands furnished by the City which
are designated for the use of Contractor.
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39. Specifications -- That part of the Contract Documents consisting of written
requirements for materials, equipment, systems, standards and workmanship as
applied to the Work, and certain administrative requirements and procedural
matters applicable thereto.
40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
41. Subcontractor -- An individual or entity other than a Contractor having a contract
with any other entity than the City for performance of any portion of the Work at
the Site.
42. Submittal -- Written and graphic information and physical samples prepared and
supplied by the Contractor demonstrating various portions of the Work.
43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom
the City makes an award.
44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish
materials or equipment used in the performance of the Work or to be incorporated
in the Work.
45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including those that convey electricity,
gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or
traffic or other control systems.
46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by
the Contractor in its Bid or as adjusted in accordance with the Contract Documents.
47. Warranty -- A guarantee provided to the City by the Contractor that the Work will
remain free of defects and suitable for its intended use for the period required by
the Contract Documents or the longest period permitted by the law of this state,
whichever is longer.
48. Work -- The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the
result of performing or providing all labor, services, and documentation necessary
to produce such construction, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract
Documents.
1.2 Terminology.
A. The words and terms below are not defined but, when used in the Contract
Documents, have the indicated meaning.
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1. The word “furnish,” when used in connection with services, materials, or
equipment, shall mean to supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use or installation and in
usable or operable condition.
2. The word “install,” when used in connection with services, materials, or equipment,
shall mean to put into use or place in final position said services, materials, or
equipment complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with services,
materials, or equipment, shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in
connection with services, materials, or equipment, an obligation of Contractor is
implied.
B. Unless stated otherwise in the Contract Documents, words or phrases that have a
well-known technical or construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized meaning.
ARTICLE 2 -PRELIMINARY MATTERS
2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will
execute the Contract, the Contractor shall furnish and file with the City a signed
Contract and the necessary Performance Bond, Payment Bond, and Certificates of
Insurance and Endorsements, as well as any other documents specified in the
Contract Documents.
2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract
Documents, duly executed by a responsible corporate surety admitted to transact
surety business in the State of California, as defined in Code of Civil Procedure
section 995.120, and listed in the United States Department of the Treasury circular
entitled "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies," authorized to do
business in the State of California and acceptable to the City conditioned upon the
faithful performance by the Contractor of all requirements of the Contract
Documents. Each of the bonds shall be in a sum no less than one hundred percent
(100%) of the Contract Price. Bonds shall be delivered to the City within ten (10)
Days after receipt of the Notice of Award and before execution of the Contract by
the City.
2.3 Evidence of Insurance
A. Prior to commencing any Work but no later than ten (10) Days after receipt of the
Notice of Award, the Contractor shall submit or cause to be submitted any and all
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Certificates of Insurance and Endorsements, showing that the Contractor has the
required insurance, to the attention of the City. Such insurance is to be provided at
the sole cost and expense of the Contractor. No Work shall be performed until all of
the required insurance has been received and approved.
2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract,
establishing the Effective Date of the Contract.
2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain
the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to
the Contractor and award the Contract to the next lowest responsive, responsible
bidder as determined by the City. If the City elects to accept bonds and insurance
submitted late, the Contract Times will begin to run as of the date stated in the Notice
to Proceed. However, the number of days beyond the original ten (10) Days it took
to receive the properly executed Contract and related items may be deducted from
the Contract Times.
2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.
Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.
The Contract Times begin to run on the date specified in the Notice to Proceed. No
Work shall be done at the Site prior to the issuance of the Notice to Proceed.
2.7 Copies of Documents
A. Contractor will be furnished, free of charge, five (5) copies of the Contract
Documents. Additional copies may be obtained at cost of reproduction. Contractor
shall maintain a clean, undamaged set of Contract Documents, including Submittals,
at the Project site.
2.8 Substitution Requests, Schedule of Submittals, and Schedule
A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless
otherwise specified in the Contract Documents), Contractor shall provide all
substitution requests as further described in Section 00 72 00, Article 6.5.
B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of
Proceed (unless otherwise specified in the Contract Documents), Contractor shall
submit to the City a Schedule of Submittals that conforms with the requirements of
Section 00 72 00, Article 5.21.
C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless
otherwise specified in the Contract Documents), the Contractor shall submit a
construction schedule that conforms with the requirements of Section 00 72 00,
Article 8.2.
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2.9 Preconstruction Conference; Designation of Authorized Representatives.
A. Before any Work at the Site is started, a conference attended by the City, Contractor,
Engineer, and others as appropriate will be held to establish a working
understanding among the parties as to the Work and to discuss the schedules
referred to herein, procedures for handling Submittals and Shop Drawings,
processing applications for payment, and maintaining required records.
B. At this conference the City and Contractor each shall designate, in writing, a specific
individual to act as its authorized representative with respect to the services and
responsibilities under the Contract. Such individuals shall have the authority to
transmit instructions, receive information, render decisions relative to the Contract,
and otherwise act on behalf of each respective party.
2.10 Subcontractor Mobilization Meeting.
A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the
involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the
schedule, coordination, procedures, and other administrative issues.
2.11 Authority of Board; Engineer
A. The Board has the final authority in all matters affecting the Work. Within the scope
of the Contract, the Engineer has the authority to enforce compliance with the
Contract Documents. The Contractor shall promptly comply with instructions from
the Engineer.
B. The decision of the Engineer is final and binding on all questions relating to:
1. quantities;
2. acceptability of material, equipment, or work;
3. execution, progress or sequence of work;
4. interpretation of the Plans, Specifications, or other Contract Documents; and
5. Any other areas specifically identified in the Contract Documents or under the law.
C. Compliance with instructions from the Engineer shall be a condition precedent to any
payment under the Contract, unless otherwise ordered by the Board.
2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work
in advance of construction operations and not directly attributable to any specific bid
item will be included in the progress estimate. When no bid item is provided for
mobilization payment for such costs will be deemed to be included in the other items
of the Work.
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B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall
constitute full compensation for all such Work. No payment for mobilization will be
made until all of the listed items have been completed to the satisfaction of the
Engineer. The scope of the Work included under mobilization shall include, but shall
not be limited to, the following principal items:
1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project Site of all Contractor’s plant and equipment required for
the first month’s operations.
3. Installing temporary construction power, wiring, and lighting facilities, as
applicable.
4. Establishing fire protection system, as applicable.
5. Developing and installing a construction water supply, as applicable.
6. Providing and maintaining the field office trailers for the Contractor, if necessary,
and the Engineer (if specified), complete, with all specified furnishings and utility
services.
7. Providing on-site sanitary facilities and potable water facilities as specified per Cal-
OSHA and these Contract Documents.
8. Furnishing, installing, and maintaining all storage buildings or sheds required for
temporary storage of products, equipment, or materials that have not yet been
installed in the Work. All such storage shall meet manufacturer’s specified storage
requirements, and the specific provisions of the specifications, including
temperature and humidity control, if recommended by the manufacturer, and for
all security.
9. Arranging for and erection of Contractor’s work and storage yard.
10. Posting all OSHA required notices and establishment of safety programs per Cal-
OSHA.
11. Full-time presence of Contractor’s superintendent at the job Site as required
herein.
12. Submittal of construction schedule as required by the Contract Documents.
ARTICLE 3 -CONTRACT DOCUMENTS; INTENT
3.1 Examination of Drawings, Specifications, and Site of Work
A. Examination of Contract Documents; Site. Before commencing any portion of the
Work, Contractor shall again carefully examine all applicable Contract Documents,
the Project Site, and other information given to Contractor as to materials and
methods of construction and other Project requirements. Contractor shall
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immediately notify the Engineer of any potential error, inconsistency, ambiguity,
conflict, or lack of detail or explanation. If Contractor performs, permits, or causes
the performance of any Work which is in error, inconsistent or ambiguous, or not
sufficiently detailed or explained, Contractor shall bear any and all resulting costs,
including, without limitation, the cost of correction. In no case shall the Contractor
or any Subcontractor proceed with Work if uncertain as to the applicable
requirements.
B. Additional Instructions. After notification of any error, inconsistency, ambiguity,
conflict, or lack of detail or explanation, the Engineer will provide any required
additional instructions, by means of drawings or other written direction, necessary
for proper execution of Work.
C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best
quality of their respective kinds and the Contractor must use all diligence to inform
itself fully as to the required construction and finish.
D. Contractor’s Variation from Contract Document Requirements. If it is found that the
Contractor has varied from the requirements of the Contract Documents including
the requirement to comply with all Applicable Laws, the Engineer may at any time,
before or after completion of the Work, order the improper Work removed, remade
or replaced by the Contractor at the Contractor’s expense.
3.2 Intent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be
binding as if required by all. It is the intent of the Contract Documents to describe a
functionally complete Project (or part thereof) to be constructed in accordance with
the Contract Documents. Any labor, documentation, services, materials, or
equipment that reasonably may be inferred from the Contract Documents or from
prevailing custom or trade usage as being required to produce the indicated result
will be provided whether or not specifically called for, at no additional cost to the City.
B. The Contractor shall furnish, unless otherwise provided in the Contract Documents,
all materials, implements, machinery, equipment, tools, supplies and labor
necessary to the prosecution and completion of the Project.
C. Clarifications and interpretations of the Contract Documents shall be issued by the
Engineer as provided in these General Conditions.
D. If utilities to equipment/fixtures are not shown but are necessary to operate the
equipment/fixtures, the utilities service installation is considered to be part of the
Work. The implied Work will conform to the appropriate sections of the Contract
Documents.
E. Organization of the Contract Documents into divisions, sections, and articles, and
arrangement of drawings shall not control the Contractor in dividing Work among
Subcontractors or in establishing the extent of Work to be performed by any trade.
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3.3 Reference Standards.
A. Standards, Specifications, Codes, Laws, and Regulations.
1. Reference to federal specifications, federal standards, other standards,
specifications, manuals, or codes of any technical society, organization, or
association, or to Applicable Laws, whether such reference be specific or by
implication, shall mean the standard, specification, manual, code, or Applicable
Laws in effect at the time of opening of Bids (or on the Effective Date of the
Contract if there were no Bids), except as may be otherwise specifically stated in
the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any
instruction of a Supplier, shall be effective to change the duties or responsibilities
of the City, Contractor, or any of their Subcontractors, consultants, agents, or
employees, from those set forth in the Contract Documents. No such provision or
instruction shall be effective to assign to the City, or any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors, any duty
or authority to supervise or direct the performance of the Work or any duty or
authority to undertake responsibility inconsistent with the provisions of the Contract
Documents.
3.4 Reporting and Resolving Discrepancies; Order of Precedence.
A. Reporting Discrepancies.
1. The Contract Documents are intended to be fully cooperative and complementary.
Before undertaking each part of the Work, Contractor shall carefully study and
compare the Contract Documents and check and verify pertinent figures therein
and all applicable field measurements. Contractor shall promptly report in writing
to the City any conflict, error, ambiguity, or discrepancy which Contractor
discovers, should have discovered, or has actual knowledge of, and shall obtain a
written interpretation or clarification from the City before proceeding with any Work
affected thereby. If, during the performance of the Work, Contractor discovers any
conflict, error, ambiguity, or discrepancy within the Contract Documents, or
between the Contract Documents and (i) any Applicable Law, (ii) any standard,
specification, manual, or code, or (iii) any instruction of any Supplier, then
Contractor shall promptly submit a written Request for Information (RFI) to the City.
Contractor shall not proceed with the Work affected thereby (except in an
emergency) until an amendment or supplement to the Contract Documents has
been issued by one of the methods indicated in the Contract Documents, and any
Work performed by Contractor before receipt of an amendment or supplement
shall be at Contractor’s own risk.
B. Order of Precedence.
1. In case of conflicts between the Contract Documents, the order of precedence
shall be as follows:
a. Permits from other agencies as may be required by law
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b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
g. Construction Plans and Drawings(Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest
edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications
n. Standard Drawings
o. Reference Documents
2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings
3. Notwithstanding the orders of precedence established above, in the event of
conflicts, the higher standard, higher quality and most expensive shall always
apply.
3.5 Amending and Supplementing Contract Documents.
A. The Contract Documents may be amended to provide for additions, deletions, and
revisions in the Work or to modify the terms and conditions thereof only by Change
Order or written amendment to the Contract duly executed by the parties.
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B. The requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized at no cost to the City, by
one or more of the following ways:
1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request
without exception (subject to the provisions of the Contract Documents); or
2. The City’s issuance of a response to an RFI.
C. However, no review or RFI response will reduce or modify the Contractor’s obligation
to fully satisfy and comply with the requirements of the Contract Documents.
3.6 Reuse of Documents.
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings,
Specifications, or other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer of Record or its consultants, including electronic
media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on
extensions of the Project or any other project without written consent of the City
and Engineer of Record and specific written verification or adaptation by Engineer
of Record.
B. The prohibitions of this Article will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the
Contract Documents for record purposes.
ARTICLE 4 -INDEMNIFICATION; INSURANCE
4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify and hold harmless the City, its officials,
officers, agents, employees, and representatives, and each of them from and
against:
1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses
or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited
to, injury to or death, including wrongful death, of any person, and damages to or
destruction of property of any person, arising out of, related to, or in any manner
directly or indirectly connected with the Work or this Contract, including claims
made by subcontractors for nonpayment, including without limitation the payment
of all consequential damages and attorney’s fees and other related costs and
expenses, however caused, regardless of whether the allegations are false,
fraudulent, or groundless, and regardless of any negligence of the City or its
officers, employees, or authorized volunteers (including passive negligence),
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except the sole negligence or willful misconduct or active negligence of the City or
its officials, officers, employees, or authorized volunteers.
2. Contractor’s defense and indemnity obligation herein includes, but is not limited to
damages, fines, penalties, attorney’s fees and costs arising from claims under the
Americans with Disabilities Act (ADA) or other federal or state disability access or
discrimination laws arising from Contractor’s Work during the course of
construction of the improvements or after the Work is complete, as the result of
defects or negligence in Contractor’s construction of the improvements.
3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or regulation,
compliance with which is the responsibility of Contractor;
4. Any and all losses, expenses, damages (including damages to the Work itself),
attorney’s fees, and other costs, including all costs of defense which any of them
may incur with respect to the failure, neglect, or refusal of Contractor to faithfully
perform the Work and all of Contractor’s obligations under Contract. Such costs,
expenses, and damages shall include all costs, including attorney’s fees, incurred
by the indemnified parties in any lawsuit to which they are a party.
B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, its officials, officers, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees and representatives, in any
such suit, action or other legal proceeding. Contractor shall reimburse the City, its
officials, officers, agents, employees and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. The only limitations on this provision shall be those
imposed by Civil Code section 2782.
C. The provisions of this Article shall survive the termination of this Contract howsoever
caused, and no payment, partial payment, or acceptance of occupancy in whole or
part of the Work shall waive or release any of the provisions of this Article.
4.2 Insurance
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain
all of the insurance described in this Article. Contractor shall not commence Work under this
Contract until it has provided evidence satisfactory to the City that it has secured all insurance
required hereunder. Contractor shall not allow any Subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subcontractor has
secured all insurance required under this Article. Failure to provide and maintain all required
insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall
furnish the City with original certificates of insurance and endorsements effective coverage
required by this Contract on forms satisfactory to the City. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind coverage on
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its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must
be received and approved by the City before Work commences.
A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers,
employees, agents and authorized volunteers shall be named as Additional Insureds
on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies
of Commercial General Liability and Automobile Liability insurance using, for
Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20
10 and 20 37 (or endorsements providing the exact same coverage, including
completed operations), and, for subcontractors’ policies of Commercial General
Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same
coverage). Notwithstanding the minimum limits set forth in this Contract for any type
of insurance coverage, all available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
Additional Insureds hereunder. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against the City, its
officers, officials, agents, employees or volunteers or shall specifically allow
Contractor - or others providing insurance evidence in compliance with these
specifications - to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against the City, and shall require similar written
express waivers and insurance clauses from each of its subcontractors. Copies of
these waivers shall be submitted to the City prior to commencement of work.
B. Workers’ Compensation Insurance. The Contractor shall provide workers’
compensation insurance for all of the employees engaged in Work under this
Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall
require the subcontractor similarly to provide workers’ compensation insurance for
all the latter’s employees as prescribed by State law. Any class of employee or
employees not covered by a subcontractor’s insurance shall be covered by the
Contractor’s insurance. In case any class of employees engaged in work under this
Contract, on or at the Site, is not protected under the Workers’ Compensation
Statutes, the Contractor shall provide or shall cause a subcontractor to provide,
adequate insurance coverage for the protection of such employees not otherwise
protected. The Contractor is required to secure payment of compensation to his
employees in accordance with the provisions of section 3700 of the Labor Code.
The Contractor shall file with the City certificates of his insurance protecting workers.
Company or companies providing insurance coverage shall be acceptable to the
City, if in the form and coverage as set forth in the Contract Documents.
C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability
Insurance, including Occupational Disease, in the amount of at least one million
dollars ($1,000,000.00) per person per accident. Contractor shall provide the City
with a certificate of Employer’s Liability Insurance. Such insurance shall comply with
the provisions of the Contract Documents. The policy shall be endorsed, if
applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and
contain a Waiver of Subrogation in favor of the City.
D. Commercial General Liability Insurance. Contractor shall provide “occurrence”
form Commercial General Liability insurance coverage at least as broad as the most
current ISO CGL Form 00 01, including but not limited to, premises liability,
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contractual liability, products/completed operations, personal and advertising injury
which may arise from or out of Contractor’s operations, use, and management of the
Site, or the performance of its obligations hereunder. The policy shall not contain
any exclusion contrary to this Contract including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to
ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured
against another. Policy limits shall not be less than $2,000,000 per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit. Defense costs shall be
paid in addition to the limits.
1. Such policy shall comply with all the requirements of this Article. The limits set forth
herein shall apply separately to each insured against whom claims are made or
suits are brought, except with respect to the limits of liability. Further the limits set
forth herein shall not be construed to relieve the Contractor from liability in excess
of such coverage, nor shall it limit Contractor’s indemnification obligations to the
City, and shall not preclude the City from taking such other actions available to the
City under other provisions of the Contract Documents or law.
2. All general liability policies provided pursuant to the provisions of this Article shall
comply with the provisions of the Contract Documents.
3. All general liability policies shall be written to apply to all bodily injury, including
death, property damage, personal injury, owned and non-owned equipment,
blanket contractual liability, completed operations liability, explosion, collapse,
under-ground excavation, removal of lateral support, and other covered loss,
however occasioned, occurring during the policy term, and shall specifically insure
the performance by Contractor of that part of the indemnification contained in these
General Conditions relating to liability for injury to or death of persons and damage
to property.
4. If the coverage contains one or more aggregate limits, a minimum of 50% of any
such aggregate limit must remain available at all times; if over 50% of any
aggregate limit has been paid or reserved, the City may require additional
coverage to be purchased by Contractor to restore the required limits. Contractor
may combine primary, umbrella, and as broad as possible excess liability coverage
to achieve the total limits indicated above. Any umbrella or excess liability policy
shall include the additional insured endorsement described in the Contract
Documents.
5. All policies of general liability insurance shall permit and Contractor does hereby
waive any right of subrogation which any insurer of Contractor may acquire from
Contractor by virtue of the payment of any loss.
E. Automobile Liability Insurance. Contractor shall provide Automobile Liability
Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least,
one million dollars ($1,000,000) per accident for bodily injury and property damage.
Such insurance shall provide coverage with respect to the ownership, operation,
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maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by Contractor or for which Contractor is responsible, in a form and with
insurance companies acceptable to the City. All policies of automobile insurance
shall permit and Contractor does hereby waive any right of subrogation which any
insurer of Contractor may acquire from Contractor by virtue of the payment of any
loss.
F. Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability
Insurance, in a form and with insurance companies acceptable to City, in the amount
of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such
insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3)
denial or loss of service, and (4) the introduction, implantation or spread of malicious
software code.
G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work,
Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with
insurance companies acceptable to City, in the amount of, at least, one million dollars
($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily
injury and property damage.
H. Builder’s Risk [“All Risk”]
1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s
Risk [“All Risk”] extended coverage insurance on all work, material, equipment,
appliances, tools, and structures that are or will become part of the Work and
subject to loss or damage by fire, and vandalism and malicious mischief, in an
amount to cover 100% of the replacement cost. The City accepts no responsibility
for the Work until the Work is formally accepted by the City. The Contractor shall
provide a certificate evidencing this coverage before commencing performance of
the Work.
2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding
those solely responsible for design work), suppliers, and the City, its elected
officials, officers, employees, agents and authorized volunteers, as their interests
may appear. Contractor shall not be required to maintain property insurance for
any portion of the Work following acceptance by the City.
3. Policy shall be provided for replacement value on an “all risk” basis. There shall
be no coinsurance penalty provision in any such policy. Policy must include: (1)
coverage for any ensuing loss from faulty workmanship, nonconforming work,
omission or deficiency in design or specifications; (2) coverage against machinery
accidents and operational testing; (3) coverage for removal of debris, and insuring
the buildings, structures, machinery, equipment, materials, facilities, fixtures and
all other properties constituting a part of the Project; (4) transit coverage, including
ocean marine coverage (unless insured by the supplier), with sub-limits sufficient
to insure the full replacement value of any key equipment item; and (5) coverage
with sub-limits sufficient to insure the full replacement value of any property or
equipment stored either on or off the Site. Such insurance shall be on a form
acceptable to the City to ensure adequacy and sublimit.
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4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any
extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit.
c. Coverage shall include Contractor’s tools and equipment.
d. Insurance shall include boiler, machinery and material hoist coverage.
I. NOT USED
J. Contractor shall require all tiers of Subcontractors working under this Contract to
provide the insurance required under this Article unless otherwise agreed to in
writing by the City. Contractor shall make certain that any and all Subcontractors
hired by Contractor are insured in accordance with this Contract. If any
Subcontractor’s coverage does not comply with the foregoing provisions, Contractor
shall indemnify and hold the City harmless from any damage, loss, cost, or expense,
including attorneys’ fees, incurred by the City as a result thereof.
K. Notwithstanding the minimum limits set forth in this Contract for any type of
insurance coverage, if Contractor maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the City.
L. Form and Proof of Carriage of Insurance
1. Any insurance carrier providing insurance coverage required by the Contract
Documents shall be admitted to and authorized to do business in the State of
California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall
have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self -
insured retentions must be declared by the Contractor. At the election of the City
the Contractor shall either 1) reduce or eliminate such deductibles or self -insured
retentions, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses. If umbrella
or excess liability coverage is used to meet any required limit(s) specified herein,
the Contractor shall provide a “follow form” endorsement satisfactory to the City
indicating that such coverage is subject to the same terms and conditions as the
underlying liability policy.
2. Each insurance policy required by this Contract shall be endorsed to state that: (1)
coverage shall not be suspended, voided, reduced or cancelled except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City; and (2) any failure to comply with reporting or other provisions of
the policies, including breaches of warranties, shall not affect coverage provided
to the City, its officials, officers, agents, employees, and volunteers.
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3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to
contain the covenant of the insurance carrier(s) that it shall provide no less than
thirty (30) days written notice be given to the City prior to any material modification
or cancellation of such insurance. In the event of a material modification or
cancellation of coverage, the City may terminate the Contract or stop the Work in
accordance with the Contract Documents, unless the City receives, prior to such
effective date, another properly executed original Certificate of Insurance and
original copies of endorsements or certified original policies, including all
endorsements and attachments thereto evidencing coverage’s set forth herein and
the insurance required herein is in full force and effect. Contractor shall not take
possession, or use the Site, or commence operations under this Contract until the
City has been furnished original Certificate(s) of Insurance and certified original
copies of endorsements or policies of insurance including all endorsements and
any and all other attachments as required in this Article. The original
endorsements for each policy and the Certificate of Insurance shall be signed by
an individual authorized by the insurance carrier to do so on its behalf.
4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and
shall be construed as primary, and the City’s insurance and/or deductibles and/or
self-insured retentions or self-insured programs shall not be construed as
contributory.
5. The City reserves the right to adjust the monetary limits and types of insurance
coverages during the term of this Contract including any extension thereof if, in the
City’s reasonable judgment, the amount or type of insurance carried by the
Contractor becomes inadequate.
6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and
all insurance claims submitted by the Contractor in connection with the Work under
this Contract.
7. Products/completed operations coverage shall extend a minimum of three years
after the project completion. Coverage shall be included on behalf of the insured
for covered claims arising out of the actions of independent contractors. If the
insured is using subcontractors, the policy must include work performed “by or on
behalf” of the insured. Policy shall contain no language that would invalidate or
remove the insurer’s duty to defend or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically provide for a duty to defend on
the part of the insurer. The City, its officers, officials, agents employees, and
volunteers shall be included as insureds under the policy.
ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS
5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws
applicable to the performance of the Work. Except where otherwise expressly
required by Applicable Laws, neither the City nor the City’s Representative shall be
responsible for monitoring Contractor’s compliance with any Applicable Laws. If
Contractor performs any Work knowing or having reason to know that it is contrary
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to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to such Work.
5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and
paid for by Contractor, including, but not limited to, excavation permit, for plumbing,
mechanical and electrical work and for operations in or over public streets or right of
way under jurisdiction of public agencies other than the City, unless otherwise
specified in the Contract Documents.
B. The Contractor shall arrange and pay for all off-site inspection of the Work related to
permits and licenses, including certification, required by the specifications, drawings,
or by governing authorities, except for such off-site inspections delineated as the
City’s responsibility pursuant to the Contract Documents.
C. Before acceptance of the Work, the Contractor shall submit all licenses, permits,
certificates of inspection and required approvals to the City.
5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be
paid in accordance with the Applicable Laws of the place of the Project which are
applicable during the performance of the Work. In accordance with Revenue and
Taxation Code section 107.6, the Contract Documents may create a possessory
interest subject to personal property taxation for which Contractor will be
responsible.
5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic
control shall be performed at Contractor’s expense in accordance with the
requirements of the City and/or the local agency with jurisdiction. Costs for traffic
control plans, implementation of traffic control, or traffic signal services required by
the City shall be included in the Contractor’s Bid.
B. All warning signs and safety devices used by the Contractor to perform the Work
shall conform to the requirements contained in the State of California, Department
of Transportation’s current edition of “Manual of Traffic Controls for Construction and
Maintenance Work Zones” or to the requirements of the local agency. The Contractor
shall also be responsible for all traffic control required by the agency having
jurisdiction over the Project on the intersecting streets. Contractor must submit a
traffic control plan to the agency having jurisdiction over the Project for approval prior
to starting Work.
C. The Contractor’s representative on the site responsible for traffic control shall
produce evidence that he/she has completed training acceptable to the California
Department of Transportation for safety through construction zones. All of the streets
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in which the Work will occur shall remain open to traffic and one lane of traffic
maintained at all times unless otherwise directed by the agency of jurisdiction.
Businesses and residences adjacent to the Work shall be notified forty-eight (48)
hours in advance of closing of driveways. The Contractor shall make every effort to
minimize the amount of public parking temporarily eliminated due to construction in
areas fronting businesses. No stockpiles of pipe or other material will be allowed in
traveled right-of-ways after working hours unless otherwise approved by the
Engineer.
5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in
connection with the Work. Such responsibility does not relieve Subcontractors of
their responsibility for the safety of persons or property in the performance of their
work, nor for compliance with applicable safety laws. Contractor shall comply with
all Applicable Laws relating to the safety of persons or property, or to the protection
of persons or property from damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners
of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation, and replacement of their property.
B. The Contractor shall maintain emergency first aid treatment for his employees which
complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. §
651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division
1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the
availability of emergency medical services for its employees in accordance with
California Code of Regulations, Title 8, Section 1512. The Contractor shall submit
an Illness and Injury Prevention Program and a Project Site specific safety program
to the City prior to beginning Work. Contractor shall maintain a confined space
program that meets or exceeds the City’s standards. Contractor needs to make
themselves aware of the City’s safety policies and procedures, and shall meet or
exceed all City standards in areas where the City must enter to perform inspections.
C. Hazard Communication Programs. Contractor shall be responsible for coordinating
any exchange of material safety data sheets or other hazard communication
information required to be made available to or exchanged between or among
employers at the Site in accordance with Applicable Laws.
5.6 Hazardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the
Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste
onto the site in a manner not specified by the Contract Documents; and/or (ii)
disturbs a Hazardous Material identified in the Contract Documents, the Contractor
shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the
condition as soon as possible. Under no circumstance shall the Contractor perform
Work for which it is not qualified. The City, in its sole discretion, may require the
Contractor to retain at Contractor’s cost an independent testing laboratory.
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B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury
or damage, Contractor shall immediately: (i) secure or otherwise isolate such
condition; (ii) stop all Work in connection with such material or substance (except in
an emergency situation); and (iii) notify the City (and promptly thereafter confirm
such notice in writing).
C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the
presence or absence of the Hazardous Waste reported by the Contractor, except as
qualified under Article 5.6(A) and Article 5.6(B) in the event such material or
substance is found to be present, verify that the levels of the hazardous material are
below OSHA Permissible Exposure Levels and below levels which would classify
the material as a state of California or federal hazardous waste. When the material
falls below such levels, Work in the affected area shall resume upon direction by the
City.
D. Contractor shall indemnify and hold harmless the City from and against claims,
damages, losses and expenses, arising from a Hazardous Waste on the Project Site,
if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels
which would classify the material as a state of California or federal hazardous waste,
and was either i) shown on the Contract Documents or information available to
bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall
obligate the Contractor to indemnify the City in the event of the sole or active
negligence or willful misconduct of the City, its officers, agents, or employees.
5.7 Sanitary Facilities.
A. Contractor shall provide sanitary temporary toilet buildings and hand washing
facilities for the use of all workers. All toilets and hand washing facilities shall comply
with local codes and ordinances. Toilets shall be placed inside sealed secondary
containment devices installed on a flat, level surface. Accumulated liquids in the
secondary containment devices shall be properly removed and legally disposed
without spillage onto the ground. Toilets shall be kept supplied with toilet paper and
shall have workable door fasteners. Toilets and hand washing facilities shall be
serviced no less than once weekly and shall be present in a quantity of not less than
1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand
washing facilities shall be maintained in a sanitary condition at all times. Use of toilet
and hand washing facilities in the Work under construction shall not be permitted.
Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the
Contractor.
5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads,
permanent access roads, plant sites, waste disposal areas, borrow areas, and all
other work areas free from dust. Industry accepted methods of dust control suitable
for the area involved, such as sprinkling, chemical treatment, light bituminous
treatment or similar methods, will be permitted.
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5.9 Air Pollution Control
A. Contractor shall comply with all air pollution control rules, regulations, ordinances
and statutes. All containers of paint, thinner, curing compound, solvent or liquid
asphalt shall be labeled to indicate that the contents fully comply with the applicable
material requirements.
B. Without limiting the foregoing, Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services,
including, but not limited to, emissions limits and permitting requirements imposed
by the Air Quality Management District with jurisdiction over the Project and/or
California Air Resources Board (CARB). Contractor shall specifically be aware of
the application of these limits and requirements to "portable equipment", which
definition includes any item of equipment with a fuel-powered engine. Contractor
shall indemnify the City against any fines or penalties imposed by the air quality
management district, CARB, or any other governmental or regulatory agency for its
violations of Applicable Laws as well as those of its subcontractors or others for
whom Contractor is responsible under its indemnity obligations provided for in the
Contract Documents.
5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various
times during construction of the Work. The Contractor hereby acknowledges that it
has investigated the risk arising from such waters, has prepared its Bid accordingly,
and assumes any and all risks and liabilities arising therefrom.
B. Contractor shall keep itself and all subcontractors, staff, and employees fully
informed of and in compliance with all local, state and federal laws, rules and
regulations that may impact, or be implicated by the performance of the Work
including, without limitation, all applicable provisions regulating discharges of storm
water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-
14950); and any and all regulations, policies, or permits issued pursuant to any such
authority. These include, but are not limited to California State Water Resources
Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002),
as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any
subsequent amendment to or renewal thereof, State Water Resources Control
Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana
Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036),
and any amendment or renewal thereof.
C. Contractor shall comply with all conditions of the State Water Resources Control
Board (“State Water Board”) National Pollutant Discharge Elimination System
General Permit for Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activity (“Construction General Permit”) for all
construction activity which results in the disturbance of in excess of one acre of total
land area or which is part of a larger common area of development or sale.
Contractor shall comply with the lawful requirements of the City, and any other
applicable municipality, drainage district, or other local agency with jurisdiction over
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the location where the Work is to be conducted, regarding discharges of storm water
to separate storm drain systems or other watercourses under their jurisdiction,
including applicable requirements in municipal storm water management programs.
D. Unless otherwise specified in the Special Conditions or other portion of the Contract
Documents, the City has not prepared a Storm Water Pollution Prevention Plan
(“SWPPP”) or other storm water compliance plan for the Project Site. Contractor
shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage
under the Construction General Permit. This includes filing all necessary
documentation including the Permit Registration Documents (“PRDs”) through the
Stormwater Multiple Applications and Report Tracking System (“SMARTS”);
preparing and implementing a SWPPP for the Work site; implementing all other
provisions, and monitoring and reporting requirements required by the Construction
General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified
SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but
not limited to preparation and submittal of all reports, plans, inspections, and
monitoring information in compliance with the Construction General Permit. All
submittals shall be coordinated with the City’s Legally Responsible Person and
Authorized Signatory as those terms are defined in the Construction General Permit.
Before any NOI, PRD, SWPPP, or other Construction General Permit-related
document may be submitted to the State Water Board or implemented on the Project
site, it must first be reviewed and approved by the City and/or City’s designee.
Contractor shall include all costs of compliance with specified requirements in the
Contract Price.
E. The City retains the right to develop its own documentation for the Project site,
including but not limited to the SWPPP, and in the alternative may require Contractor
to adopt and implement portions of the City developed SWPPP. The City expressly
reserves the right to procure coverage under the Construction General Permit for
the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise
fails to proceed in a manner that complies with the requirements of the Construction
General Permit. The City additionally reserves the right to hire additional contractors
to maintain compliance at the Work site. Whether Contractor has adequately
maintained compliance with the Construction General Permit shall be the City’s sole
determination. Any costs incurred by the City in procuring coverage under the
Construction General Permit, or drafting and/or implementing a SWPPP for the Work
site shall be paid by Contractor.
F. Notwithstanding the above, for those Work sites where construction activity results
in the disturbance of less than one acre of total land area and/or do not need
coverage under the Construction General Permit, the Contractor shall be
responsible for preparing and implementing an Erosion and Sediment Control Plan
in accordance with State Water Resources Control Board Order No. 2013-0001-
DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.
G. Failure to comply with the Construction General Permit, laws, regulations, and
ordinances listed in this Article is a violation of federal and state law.
Notwithstanding any other indemnity contained in these Contract Documents,
Contractor agrees to indemnify and hold harmless the City, its officials, officers,
agents, employees and authorized volunteers from and against any and all claims,
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demands, fees, costs, expenses, or losses or liabilities of any kind or nature which
the City, its officials, officers, agents, employees and authorized volunteers may
sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances
listed above, arising out of or in connection with the Work, except for liability resulting
from the sole established negligence, willful misconduct or active negligence of the
City, its officials, officers, agents, employees or authorized volunteers.
H. The City reserves the right to defend any enforcement action or civil action brought
against the City for Contractor’s failure to comply with any applicable water quality
law, regulation, or policy. Contractor hereby agrees to be bound by, and to
reimburse the City for the costs associated with, any settlement reached between
the City and any relevant enforcement entity.
5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable federal, state, and
local environmental rules and regulations. Any infractions of said rules and
regulations by the Contractor during the term of the Contract, which result in
penalties, will be the responsibility of the Contractor. The City operates under a
number of environmental permits issued by various agencies. If due to an action,
inaction, or negligence by the Contractor, the City becomes subject to non-
compliance penalties, the cost of such penalties shall be borne by the Contractor.
B. The Contractor shall exercise care to preserve the natural landscape and
vegetation, and shall conduct operations so as to prevent unnecessary destruction,
scarring, or defacing of the natural surroundings in the vicinity of the Work.
Movement of crews and equipment within the rights-of-way and over routes provided
for access to the Work shall be performed in a manner to prevent damage to
property. When no longer required, construction roads shall be restored to original
contours. Upon completion of the Work, and following removal of construction
facilities and required cleanup, land used for construction purposes and not required
for the completed installation shall be scarified and regraded, as required, so that all
surfaces are left in a condition that will facilitate natural revegetation, provide for
proper drainage, and prevent erosion.
C. If, in the performance of the Work, evidence of the possible occurrence of any
Federally listed threatened or endangered plant or animal is discovered, the
Contractor shall notify the City Representative immediately, giving the location and
nature of the findings. Written confirmation of the evidence, location and nature of
the findings shall be forwarded to City within two (2) Days. The Contractor shall
immediately cease all construction activities in the immediate area of the discovery
to the extent necessary to protect the endangered plant or animal. If directed by the
City Representative, Contractor will refrain from working in the immediate area,
suspend the Work in its entirety, or alter its performance to ensure full compliance
with all applicable permits, laws and regulations. Any City directed changes to the
Work as a result of a siting will be pursuant to the Contract Documents. Any costs
or delays incurred by City or the Contractor due to unreasonable or false notification
of an endangered plant or animal will be borne by the Contractor.
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D. If, in the performance of the Work, Contractor should unearth cultural resources (for
example, human remains, animal bones, stone tools, artifacts and/or midden
deposits) through excavation, grading, watering or other means, the Contractor shall
notify the construction/archeological monitor and/or the City Representative
immediately, giving the location and nature of the findings. Written confirmation of
the evidence, location and nature of the findings shall be forwarded to the
construction/archeological monitor and/or City within two (2) Days. The Contractor
shall immediately cease all construction activities in the immediate area of the
discovery to the extent necessary to protect the cultural resource. If directed by the
City Representative, Contractor will refrain from working in the immediate area,
suspend the Work in its entirety, or re-sequence and/or alter its performance to
ensure full compliance with all applicable permits, laws and regulations. Should the
presence of cultural resources be confirmed, the Contractor will assist the City
Representative and the construction/archeological monitor in the preparation and
implementation of a data recovery plan. The Contractor shall provide such
cooperation and assistance as may be necessary to preserve the cultural resources
for removal or other disposition. Any City directed changes to the Work as a result
of the cultural resource will be pursuant to the Contract Documents. Should
Contractor, without permission, injure, destroy, excavate, appropriate, or remove
any cultural resource on or adjacent to the Site, it will be subject to disciplinary action,
arrest and penalty under applicable law. The Contractor shall be principally
responsible for all costs of mitigation and/or restoration of cultural resources related
to the unauthorized actions identified above. Contractor shall be required to pay for
unauthorized damage and mitigation costs to cultural resources (historical and
archeological resources) as a result of unauthorized activities that damage cultural
resources and shall indemnify City pursuant to the Contract Documents.
5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so
that the emission of sound therefrom is within the noise tolerance level of that
equipment as established by Cal/OSHA. Contractor shall comply with the most
restrictive of the following: (1) local sound control and noise level rules, regulations
and ordinances and (2) the requirements contained in these Contract Documents,
including hours of operation requirements.
B. No internal combustion engine shall be operated on the Project without a muffler of
the type recommended by the manufacturer. Should any muffler or other control
device sustain damage or be determined to be ineffective or defective, the
Contractor shall promptly remove the equipment and shall not return said equipment
to the job until the device is repaired or replaced. Said noise and vibration level
requirements shall apply to all equipment on the job or related to the job, including
but not limited to, trucks, transit mixers or transit equipment that may or may not be
owned by the Contractor.
5.13 Diversion of Recyclable Waste Material
A. In compliance with the applicable City’s waste reduction and recycling efforts,
Contractor shall divert all Recyclable Waste Materials to appropriate recycling
centers as required for compliance with the local jurisdiction’s waste diversion
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ordinances. Contractor will be required to submit weight tickets and written proof of
diversion with its monthly progress payment requests. Contractor shall complete
and execute any certification forms required by the City or other applicable agencies
to document Contractor’s compliance with these diversion requirements. All costs
incurred for these waste diversion efforts shall be the responsibility of the Contractor.
5.14 Inspector’s Field Office.
A. If required by the City, the Contractor shall be responsible for providing the
inspector’s field office. The office shall be a substantial waterproof construction with
adequate natural light and ventilation by means of stock design windows. Door shall
have a key type lock or padlock clasp. The office shall have heating and air
conditioning and shall be equipped with a telephone, a telephone answering
machine, an ability to connect to the internet, and a fax machine at Contractor’s
expense. The field office shall be provided within 20 Days of the Notice to Proceed.
B. A table satisfactory for the study of plans and two chairs shall be provided by
Contractor. Contractor shall provide and pay for adequate electric lights, local
telephone service, and adequate heat and air conditioning for the field office until
authorized removal.
5.15 Contractor’s Supervision.
A. Contractor shall continuously keep at the Project site, a competent and experienced
full-time Project superintendent acceptable to the City. Superintendent must be able
to proficiently speak, read and write in English and shall have the authority to make
decisions on behalf of the Contractor. Contractor shall continuously provide efficient
supervision of the Project.
5.16 Workers.
A. Contractor shall at all times enforce strict discipline and good order among its
employees. Contractor shall not employ on the Project any unfit person or any one
not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent
or unfit shall be dismissed from the Work and shall not be employed on this Project.
5.17 Independent Contractors.
A. Contractor shall be an independent contractor for the City and not an employee.
Contractor understands and agrees that it and all of its employees shall not be
considered officers, employees, or agents of the City and are not entitled to benefits
of any kind normally provided employees of the City, including but not limited to,
state unemployment compensation or workers’ compensation. Contractor assumes
full responsibility for the acts and omissions of its employees or agents related to the
Work.
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5.18 Verification of Employment Eligibility.
A. By executing the Contract, Contractor verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time, and shall require all
subcontractors, sub-subcontractors and consultants to comply with the same. Each
person executing this Contract on behalf of Contractor verifies that he or she is a
duly authorized officer of Contractor and that any of the following shall be grounds
for the City to terminate the Contract for cause: (1) failure of the Contractor or its
Subcontractors, sub-subcontractors or consultants to meet any of the requirements
provided for in this Article; (2) any misrepresentation or material omission concerning
compliance with such requirements; or (3) failure to immediately remove from the
Work any person found not to be in compliance with such requirements.
5.19 Labor.
A. Hours of Work
1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division
2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall
constitute a legal day’s work. The time of service of any worker employed at any
time by the Contractor or by any subcontractor on any subcontract under this
Contract upon the Work or upon any part of the Work contemplated by this
Contract is limited and restricted to eight (8) hours during any one calendar day
and 40 hours during any one calendar week, except as hereinafter provided.
Notwithstanding the provisions herein above set forth, work performed by
employees of Contractor in excess of eight (8) hours per day, and 40 hours during
any one week, shall be permitted upon this public work upon compensation for all
hours worked in excess of eight (8) hours per day at not less than one and one-
half times the basic rate of pay.
2. The Contractor and every Subcontractor shall keep an accurate record showing
the name of and actual hours worked each calendar day and each calendar week
by each worker employed in connection with the Work or any part of the Work
contemplated by this Contract. The record shall be kept open at all reasonable
hours to the inspection of the City and to the Division of Labor Law Enforcement,
Department of Industrial Relations of the State of California.
3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for
each worker employed in the execution of this Contract by the Contractor or by
any subcontractor for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and 40 hours in
any one calendar week in violation of the provisions of Article 3 (commencing at
section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
4. Any work necessary to be performed after regular working hours, or on Saturdays
and Sundays or other holidays, shall be performed without additional expense to
the City.
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5. If Contractor gives notice of an inspection pursuant to the Contract Documents,
the City will provide inspection during normal working hours from 7:00 a.m. to 3:30
p.m. Monday through Friday. Requested inspections before or after this time will
be charged to the Contractor as reimbursable inspection time. Inspections on
weekends requires two (2) Days’ notice for review and approval. Upon written
request and approval the 8.5 hour working day may be changed to other limits
subject to city/county ordinance.
6. It shall be unlawful for any person to operate, permit, use, or cause to operate any
of the following at the Project Site, other than between the hours of 7:00 a.m. to
5:00 p.m., Monday through Friday, with no Work allowed on City-observed
Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance
1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall
maintain weekly certified payroll records, showing the names, addresses, Social
Security numbers, work classifications, straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by them in connection with the
Work under this Contract. Contractor shall certify under penalty of perjury that
records maintained and submitted by Contractor are true and accurate. Contractor
shall also require Subcontractor(s) to certify weekly payroll records under penalty
of perjury.
2. In accordance with Labor Code section 1771.4, the Contractor and each
Subcontractor shall furnish the certified payroll records directly to the Department
of Industrial Relations (“DIR”) on the specified interval and format prescribed by
the DIR, which may include electronic submission. Contractor shall comply with
all requirements and regulations from the DIR relating to labor compliance
monitoring and enforcement. The requirement to submit certified payroll records
directly to the Labor Commissioner under Labor Code section 1771.4 shall not
apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Section 1771.4.
3. Any stop orders issued by the DIR against Contractor or any Subcontractor that
affect Contractor’s performance of Work, including any delay, shall be Contractor’s
sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay subject to any applicable liquidated
damages and shall not be compensable by the City. Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and
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harmless from any claim or liability arising out of stop orders issued by the DIR
against Contractor or any Subcontractor.
4. The payroll records described herein shall be certified and submitted by the
Contractor at a time designated by the City. The Contractor shall also provide the
following:
a. A certified copy of the employee’s payroll records shall be made available for
inspection or furnished to such employee or his or her authorized representative
on request.
b. A certified copy of all payroll records described herein shall be made available
for inspection or furnished upon request of the DIR.
5. Unless submitted electronically, the certified payroll records shall be on forms
provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or
shall contain the same information as the forms provided by the DLSE.
6. Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency, the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement shall be marked or
obliterated in such a manner as to prevent disclosure of an individual's name,
address and social security number. The name and address of the Contractor
awarded the Contract or performing the Contract shall not be marked or
obliterated.
7. In the event of noncompliance with the requirements of this Article, the Contractor
shall have ten (10) Days in which to comply subsequent to receipt of written notice
specifying in what respects the Contractor must comply with this Article. Should
noncompliance still be evident after such 10-day period, the Contractor shall pay
a penalty of one hundred dollars ($100.00) to the City for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the
request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, such penalties shall be withheld from progress payment
then due.
8. The responsibility for compliance with this Article shall rest upon the Contractor.
C. Prevailing Rates of Wages
1. Prime construction contracts in excess of $2,000 must comply with the Davis-
Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”).
In accordance with the statute, Contractor is required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, Contractor is required
to pay wages not less than once a week. A copy of the current prevailing wage
determination issued by the Department of Labor will be placed in the solicitation
by the City. The decision to award a contract or subcontract is conditioned upon
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the acceptance of the wage determination. The City will report all suspected or
reported violations to the Federal Awarding Agency.
Contractor must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”). The Act provides
that each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled. The City
will report all suspected or reported violations to the Federal Awarding Agency.
2. The Contractor is aware of the requirements of Labor Code sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000
et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage
rates and the performance of other requirements on certain “public works” and
“maintenance” projects. Since this Project involves an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. This is a federally assisted construction contract. Federal
labor standards provisions outlined in the HUD-4010 form, including the prevailing
wage requirements of the Davis-Bacon and Related Acts (DBRA), will be enforced.
The applicable Federal wage decision is the one in effect ten (10) days prior to bid
opening; it is included in these specifications and is available online at
https://sam.gov/content/wage-determinations. In the event of a conflict between
the Federal and State wage rates, the higher of the two will prevail. The State
wage rates are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm.
Lower State wage rates for work classifications not specifically included in the
Federal wage decision are not acceptable. Contractor shall make copies of the
prevailing rates of per diem wages for each craft, classification, or type of worker
needed to perform work on the Project available to interested parties upon request,
and shall post copies at the Contractor’s principal place of business and at the
Project site. Contractor shall defend, indemnify and hold the City, its officials,
officers, employees and authorized volunteers free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or allege failure to
comply with the Prevailing Wage Laws.
3. The Contractor shall forfeit as a penalty to the City not more than Two Hundred
Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or
portion thereof, for each worker paid less than the prevailing wage rate as
determined by the Director of the DIR for such work or craft in which such worker
is employed for any public work done under the Contract by it or by any
Subcontractor under it. The difference between such prevailing wage rate and the
amount paid to each worker for each calendar day or portion thereof, for which
each worker was paid less than the prevailing wage rate, shall be paid to each
worker by the Contractor.
4. Contractor shall post, at appropriate conspicuous points on the Project Site, a
schedule showing all determined general prevailing wage rates and all authorized
deductions, if any, from unpaid wages actually earned.
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D. Public Works Contractor Registration
1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its
Subcontractors must be registered with the DIR prior to the execution of a contract
to perform public works. By entering into this Contract, Contractor represents that
it is aware of the registration requirement and is currently registered with the DIR.
Contractor shall maintain a current registration for the duration of the Project.
Contractor shall further include the requirements of Labor Code sections 1725.5
and 1771.1 in any subcontract and ensure that all Subcontractors are registered
at the time this Contract is entered into and maintain registration for the duration
of the Project. Notwithstanding the foregoing, the contractor registration
requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not
apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
E. Employment of Apprentices
1. Contractor and all Subcontractors shall comply with the requirements of Labor
Code sections 1777.5 and 1777.6 in the employment of apprentices.
2. Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex officio
the Administrator of Apprenticeship, San Francisco, California, or from the Division
of Apprenticeship Standards and its branch offices.
3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to
exceed one hundred dollars ($100.00) for each calendar day of non-compliance
pursuant to Labor Code section 1777.7.
F. Nondiscrimination/Equal Employment Opportunity
1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the
Contractor and its Subcontractors shall not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, or any other classifications protected by law on this
Project. The Contractor will take affirmative action to insure that employees are
treated during employment or training without regard to their race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, or any other classifications
protected by law.
G. Debarment of Contractors and Subcontractors
1. Contractors or Subcontractors may not perform work on a public works project with
a subcontractor who is ineligible to perform work on a public project pursuant to
Labor Code section 1777.1 or 1777.7. Any contract on a public works project
entered into between a contractor and a debarred subcontractor is void as a matter
of law. A debarred subcontractor may not receive any public money for performing
work as a subcontractor on a public works contract. Any public money that is paid,
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or may have been paid to a debarred subcontractor by a contractor on the project
shall be returned to the City. The Contractor shall be responsible for the payment
of wages to workers of a debarred subcontractor who has been allowed to work
on the Project.
5.20 Subcontracts.
A. Contractor agrees to bind every Subcontractor to the terms of the Contract
Documents as far as such terms are applicable to Subcontractor’s portion of the
Work. Contractor shall be as fully responsible to the City for the acts and omissions
of its subcontractors and of persons either directly or indirectly employed by its
subcontractors, as Contractor is for acts and omissions of persons directly employed
by Contractor. Nothing contained in these Contract Documents shall create any
contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City’s acceptance of
any Subcontractor under this Contract shall not in any way relieve Contractor of its
obligations in the Contract Documents.
C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must
comply with the requirements of the Subletting and Subcontracting Fair Practices
Act pursuant to California Public Contract Code section 4100 et seq.
5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly
and at other times as requested by Engineer or as required by progress of the Work.
The Contractor, City, and all Subcontractors active on the Site shall attend each
meeting. Contractor may at its discretion request attendance by representatives of
its Suppliers, manufacturers, and other Subcontractors. The City will preside at the
progress meetings and will arrange for keeping and distributing the minutes. The
purpose of the meetings is to review the progress of the Work, maintain coordination
of efforts, discuss changes in scheduling, and resolve other problems which may
develop. During each meeting, the Contractor shall present any issues which may
impact its progress with a view to resolve these issues expeditiously.
5.22 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless
otherwise specified in the Contract Documents), Contractor will prepare and deliver
a Schedule of Submittals to the City that has been fully integrated with the progress
schedule and identifies each Submittal required by the Contract Documents as well
as the date on which Contractor will deliver each Submittal to the City. Each
Submittal must be delivered to the City at least thirty (30) Days prior to the date the
material or equipment is scheduled to be incorporated into the Work. The Contractor
is responsible for any schedule delays resulting from the Submittal process.
B. Submittal Procedures.
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1. Contractor will follow the following procedures for each Submittal, Shop Drawing
and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised
Submittals with original number and sequential alphabetic suffix.
c. Each Submittal will identify the Project, Contractor, Subcontractor and
Supplier, pertinent Drawing and detail number, and Specification Section
number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved
each Submittal, verified products required, field dimensions, adjacent
construction Work, and that coordination of information is according to
requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations
that may differ and/or be detrimental to successful performance of completed
Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address
the City’s comments and resubmit. Contractor shall identify changes made
since previous submission.
g. The City’s review of Shop Drawings shall not relieve Contractor from
responsibility for deviations from the Contract Documents unless Contractor
has, in writing, called the City’s attention to such deviations at time of
submission and the City has taken no exception to the deviation. The City’s
review of Shop Drawings shall not relieve Contractor from responsibility for
errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City
will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from
incomplete Submittals are not the responsibility of the City.
j. Contractor shall not be entitled to any extension of the Contract Times as a
result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals
unless otherwise specified in the Contract Documents.
2. Where a Submittal, Shop Drawing or Sample is required by the Contract
Documents or the Schedule of Submittals, any related Work performed prior to the
City review and approval of the pertinent submittal will be performed at the sole
risk and expense and responsibility of Contractor.
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C. Schedule Milestone for Submittals. Contractor must submit all Submittals required
by the Contract Documents in accordance with the Schedule of Submittals. If
Contractor fails to submit the Submittals in accordance with the Schedule of
Submittals, Contractor will be solely liable for any delays or impacts caused by the
delayed Submittal, whether direct or indirect. Contractor will be liable for the time
calculated from the date the Submittal is due until the date a compliant Submittal is
made. A compliant Submittal will be one that is complete and satisfies the
requirements of the Contract Documents.
5.23 Shop Drawings and Sample Submittal Procedures.
A. Before submitting each Shop Drawing or Sample, Contractor shall have:
1. Reviewed and coordinated each Shop Drawing or Sample with other Shop
Drawings and Samples and with the requirements of the Work and the Contract
Documents;
2. Determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog
numbers, and similar information with respect thereto;
3. Determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and
installation pertaining to the performance of the Work; and
4. Determined and verified all information relative to Contractor’s responsibilities for
means, methods, techniques, sequences, and procedures of construction, and
safety precautions and programs incident thereto.
B. With each Submittal, Contractor shall give the City specific written notice of any
variations that the Shop Drawing or Sample may have from the requirements of the
Contract Documents. This notice shall be both a written communication separate
from the Shop Drawings or Sample Submittal and, in addition, a specific notation
made on each Shop Drawing or Sample submitted to the City for review and
approval of each such variation.
C. Shop Drawings.
1. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data
to show the City the services, materials, and equipment Contractor proposes to
provide and to enable the City to review the information for assessing conformance
with information given and design concept expressed in Contract Documents.
2. When required by individual Specification sections, provide Shop Drawings signed
and sealed by a professional engineer responsible for designing components
shown on Shop Drawings. Shop Drawings must include signed and sealed
calculations to support design in a form suitable for submission to and approval by
authorities having jurisdiction.
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3. Shop Drawings for steel structures shall consist of shop details, erection and other
working Drawings showing details, dimensions, sizes of members and other
information necessary for the complete fabrication and erection of the metal work.
4. Shop Drawings of concrete structures shall consist of such detailed drawings as
may reasonably be required for the successful prosecution of the Work and which
are not included in the Drawings furnished by the Engineer. These may include
drawings for false work, bracing, centering and form work, masonry layout
diagrams, and diagrams for bent reinforcement.
5. Contractor shall make revisions and provide additional information when required
by authorities having jurisdiction.
D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such
as catalog numbers, the use for which intended and other data as required to enable
the City to review the submittal for assessing conformance with information given
and design concept expressed in Contract Documents. Samples should be of
appropriate size and detail to assess functional, aesthetic, color, texture, patterns
and finish selection.
E. City’s Review.
1. The City will review Shop Drawings and Samples in accordance with the Schedule
of Submittals. The City’s review and acceptance will be only to determine if the
items covered by the Submittals will, after installation or incorporation in the Work,
conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents.
2. The City review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction (except where a particular means,
method, technique, sequence, or procedure of construction is specifically and
expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item functions.
3. The City’s review and acceptance shall not relieve Contractor from responsibility
for any variation from the requirements of the Contract Documents unless the City
has given written approval of each such variation by specific written notation
thereof incorporated in or accompanying the Shop Drawing or Sample.
F. Resubmittal Procedures. Contractor shall make corrections required by the City and
shall return corrected Shop Drawings and submit, as required, new Samples for
review and approval. Contractor shall direct specific attention in writing to revisions
other than the corrections called for by the City on previous Submittals.
5.24 Record (“As-Built”) Drawings.
A. The Contractor shall maintain one record set of Contract Documents at the Site or
digitally in an acceptable format. On these, it shall mark all Project conditions,
locations, configurations, and any other changes or deviations which may vary from
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the information represented in the original Contract Documents, including buried or
concealed construction and utility features which are revealed during the course of
construction. Special attention shall be given to recording the horizontal and vertical
location of all buried utilities that differ from the locations indicated, or which were
not indicated on the Drawings. For all Projects involving the installation of any
pipeline, Contractor shall survey and record the top of the pipe at a minimum of every
100 linear feet, and at each bend, recording both the horizontal and vertical
locations. Said Drawings shall be supplemented by any detailed sketches as
necessary or directed to fully indicate the Work as actually constructed. Any required
as-built drawings of civil engineering elements of the Work shall be prepared by a
registered civil engineer.
B. These master Record Drawings of the as-built conditions, including all revisions
made necessary by Addenda and Change Orders, shall be maintained up-to-date
during the progress of the Project. Red ink shall be used for alterations and notes.
Notes shall identify relevant Change Orders by number and date. Record Drawings
shall be accessible to the Engineer at all times during the construction period.
Failure on the Contractor’s part to keep Record Drawings current could result in
withholding partial payment.
C. Upon completion of the Project and as a condition of final acceptance, the Contractor
shall finalize and deliver a complete set of Record Drawings to the Engineers. The
information submitted by the Contractor will be assumed to be correct, and the
Contractor shall be responsible for, and liable to the City, for the accuracy of such
information, and for any errors or omissions which may or may not appear on the
Record Drawings.
D. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete the Record Drawings shall be included in
Contractor’s bid and distributed in the Bid Schedule. No additional compensation
shall be made to the Contractor for this Work.
5.25 Layout and Field Engineering.
A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys
required for the control and completion of the Work, and all necessary surveys to
compute quantities of Work performed.
5.26 Separate Contracts and Cooperation.
A. Separate Contracts. The City reserves the right to let other contracts in connection
with this Work or on the Project site. Contractor shall permit other contractors
reasonable access and storage of their materials and execution of their work and
shall properly connect and coordinate its Work with theirs. To ensure proper
execution of its subsequent Work, Contractor shall immediately inspect work already
in place and shall at once report to the Engineer any problems with the Work in place
or discrepancies with the Contract Documents.
B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the
Project and nature of any other contracts that have been or may be awarded by the
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City in prosecution of the Project to the end that Contractor may perform this
Contract in the light of such other contracts, if any. Nothing herein contained shall
be interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other
contractor working on the Project. If simultaneous execution of any contract for the
Project is likely to cause interference with performance of some other contract or
contracts, the Engineer shall decide which Contractor shall cease Work temporarily
and which contractor shall continue or whether work can be coordinated so that
contractors may proceed simultaneously. The City shall not be responsible for any
damages suffered or for extra costs incurred by Contractor resulting directly or
indirectly from award, performance, or attempted performance of any other contract
or contracts on the Project Site.
5.27 Work Site.
A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of-
entry for the Work will be provided by the City. Unless otherwise specified in the
Special Provisions, the Contractor shall make arrangements, pay for, and assume
all responsibility for acquiring, using, and disposing of additional work areas and
facilities temporarily required. The Contractor shall indemnify and hold the City
harmless from all claims for damages caused by such actions. Contractor shall
confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Applicable Laws, and
shall not unreasonably encumber the Site and other areas with construction
equipment or other materials or equipment. Contractor shall assume full
responsibility for any damage to any such land or area, or to City or occupant thereof,
or of any adjacent land or areas resulting from the performance of the Work.
B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site
and other areas free from accumulations of waste materials, rubbish, and other
debris. Removal and disposal of such waste materials, rubbish, and other debris
shall conform to Applicable Laws. The Contractor shall furnish trash bins for all
debris from construction. All debris shall be placed in trash bins daily. Forms and
false-work that are to be re-used shall be stacked neatly concurrently with their
removal. Forms and false-work that are not to be re-used shall be disposed of
concurrently with their removal.
C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make
it ready for utilization by the City. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery,
and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.
5.28 Utility Usage.
A. All temporary utilities, including but not limited to electricity, water, gas, and
telephone, used on the Work shall be furnished and paid for by Contractor.
Contractor shall provide necessary temporary distribution systems, including meters,
if necessary, from distribution points to points on the Work where the utility is
needed. Upon completion of the Work, Contractor shall remove all temporary
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distribution systems. Contractor shall provide necessary and adequate utilities and
pay all costs for water, electricity, gas, oil, and sewer charges required for completion
of the Work, including but not limited to startup and testing required in the Contract
Documents. All permanent meters installed shall be listed in the Contractor’s name
until the Work is accepted. For Work to be performed in existing City facilities,
Contractor may use the City’s existing utilities, provided such use is reasonable
under the circumstances. If Contractor uses the City utilities, it will not need to
compensate the City for reasonably consumption of utilities, but Contractor will be
responsible for any excessive, unreasonable or wasteful utility usage. Amounts due
the City under this section may be deducted from progress payments.
5.29 Protection of Work and Property.
A. The Contractor shall digitally record video and take photographs of the Project site
and adjacent improvements in a manner and quality that clearly depicts the existing
condition of the Project Site and adjacent improvements immediately prior to the
start of Work (minimum 1080p video and 4MP photo). All videos and photographs
shall be date and time stamped. The Contractor shall submit the video and photos
in digital format on a memory stick before the commencement of Work, along with a
map outlining the route and locations of the videos and/or photographs. The
Contractor shall be responsible for all damages to persons or property that occur as
a result of the Work. Contractor shall be responsible for the proper care and
protection of all materials delivered and Work performed until completion and final
acceptance by the City. All Work shall be solely at the Contractor’s risk.
B. Contractor shall adequately protect adjacent property from settlement or loss of
lateral support as necessary. Contractor shall comply with all applicable safety laws
and building codes to prevent accidents or injury to persons on, about, or adjacent
to the Project site where Work is being performed. Contractor shall erect and
properly maintain at all times, as required by field conditions and progress of work,
all necessary safeguards, signs, barriers, lights, and watchmen for protection of
workers and the public, and shall post danger signs warning against hazards created
in the course of construction.
C. Contractor shall provide such heat, covering, and enclosures as are necessary to
protect all Work, materials, equipment, appliances, and tools against damage by
weather conditions.
D. Contractor shall take adequate precautions to protect existing sidewalks, curbs,
pavements, utilities, and other adjoining property and structures, and to avoid
damage thereto, and Contractor shall repair any damage thereto caused by the Work
operations. Contractor shall:
1. Enclose the working area with a substantial barricade, and arrange work to cause
minimum amount of inconvenience and danger to the public.
2. Provide substantial barricades around any shrubs or trees indicated to be
preserved.
3. Deliver materials to the Site over a route designated by the City.
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4. Provide any and all dust control required and follow the applicable air quality
regulations as appropriate. If the Contractor does not comply immediately with a
notice from the City or a public agency responsible for air quality, the City shall
have the authority to provide dust control and deduct the cost from payments to
the Contractor.
5. Confine Contractor’s apparatus, the storage of materials, and the operations of its
workers to limits required by law, ordinances, permits, or directions of the City.
Contractor shall not unreasonably encumber the Site with its materials.
6. Take care to prevent disturbing or covering any survey markers, monuments, or
other devices marking property boundaries or corners. If such markers are
disturbed by accident, they shall be replaced by a civil engineer or land surveyor
acceptable to the City, at no cost to the City.
7. Ensure that existing facilities, fences and other structures are all adequately
protected and that, upon completion of all Work, all facilities that may have been
damaged are restored to a condition acceptable to the City.
8. Preserve and protect from injury all buildings, pole lines and all directional, warning
and mileage signs that have been placed within the right-of-way.
9. At the completion of work each day, leave the Work and the Site in a clean, safe
condition.
10. Comply with any stage construction and/or traffic handling plans. Access to
residences and businesses shall be maintained at all times, except with the City’s
written approval. Any request for approval to reduce or restrict access to
residences and business must be submitted to the City at least seven (7) Days in
advance, and the City may issue or withhold approval in its sole discretion.
E. These precautionary measures will apply continuously and not be limited to normal
working hours. Full compensation for the work involved in the protection and
preservation of life, safety and property as above specified shall be considered as
included in the prices paid for the various contract items of Work, and no additional
allowance will be made therefor.
F. Should damage to persons or property occur as a result of the Work, Contractor shall
promptly notify the City, in writing. Contractor shall be responsible for proper
investigation, documentation, including video or photography, to adequately
memorialize and make a record of what transpired. The City shall be entitled to
inspect and copy any such documentation, video, or photographs.
G. Contractor shall maintain all investigation documentation including video and/or
photographs for a minimum of four (4) years following completion of the Project.
5.30 Emergencies.
A. In emergencies affecting the safety or protection of persons or the Work or Property
at the Site or adjacent thereto, the Contractor, without special instruction or
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authorization from the City or the Engineer, is obligated to act to prevent threatened
damage, injury or loss. The Contractor shall give the Engineer prompt written notice
if the Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
ARTICLE 6 -MATERIALS; INSPECTION
6.1 Access to Work.
A. The City, Engineer, their consultants and other representatives and personnel,
independent testing laboratories, and governmental agencies with jurisdictional
interests will have access to the Site and the Work at reasonable times for their
observation, inspection, and testing. Contractor shall provide them proper and safe
conditions for such access and advise them of Contractor’s safety procedures and
programs.
6.2 Materials.
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall
provide and pay for all materials, labor, tools, equipment, water, lights, power,
transportation, superintendence, temporary constructions of every nature, and all
other services and facilities whatsoever necessary to execute and complete this
Contract within the Contract Time. Unless otherwise specified, all materials, parts,
and equipment furnished by the Contractor in the Work shall be new, the best of their
respective kinds and grades as noted and/or specified, and workmanship shall be of
good quality.
B. No materials, supplies, or equipment for Work under this Contract shall be
purchased subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest therein or in any part thereof is retained by the seller
or supplier. Contractor warrants good title to all material, supplies, and equipment
installed or incorporated in the Work and agrees upon completion of all work to
deliver the Project, to the City free from any claims, liens, or charges.
C. Materials shall be furnished in ample quantities and at such times as to ensure
uninterrupted progress of the Work and shall be stored properly and protected as
required by the Contract Documents. Contractor shall be entirely responsible for
damage or loss by weather or other causes to materials or Work. Materials shall be
stored on the Project Site in such manner so as not to interfere with any operations
of the City or any independent contractor.
D. Contractor shall verify all measurements, dimensions, elevations, and quantities
before ordering any materials or performing any Work, and the City shall not be liable
for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item
overruns and underruns in accordance with the Contract Documents, no additional
compensation, over and above payment for the actual quantities at the prices set
out in the Bid Schedule, will be allowed because of differences between actual
measurements, dimension, elevations and quantities and those indicated on the
Plans and in the Specifications. Any difference therein shall be submitted to the
Engineer for consideration before proceeding with the Work.
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6.3 Test and Inspections.
A. Inspection and Testing of Work and Materials
1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or
public authority requires any part of the Work to be tested or approved, Contractor
shall provide the Engineer at least two (2) working days’ notice of its readiness for
observation or inspection. If inspection is by a public authority other than the City,
Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and inspection shall be paid by the City. Costs of tests for
Work found not to be in compliance shall be paid by the Contractor.
2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials
testing technician that was called for by the Contractor but ultimately the Contractor
work was not ready for the inspection. Any such costs shall be deducted from any
amounts due to the Contractor.
3. If any Work is done or covered up without the required testing or approval, the
Contractor shall uncover or deconstruct the Work, and the Work shall be redone
after completion of the testing at the Contractor’s cost in compliance with the
Contract Documents.
4. Where inspection and testing are to be conducted by an independent laboratory
or agency, materials or samples of materials to be inspected or tested shall be
selected by such laboratory or agency, or by the City, and not by Contractor.
Unless otherwise stated and as provided by the Contract Documents, the City shall
employ and pay for the services of an independent testing laboratory to perform
all inspections, tests, or approvals required by the Contract Documents. All tests
or inspections of materials shall be made in accordance with the commonly
recognized standards of national organizations.
5. Reexamination of Work may be ordered by the City. If so ordered, Work must be
uncovered or deconstructed by Contractor. If Work is found to be in accordance
with the Contract Documents, the City shall pay the costs of reexamination and
reconstruction. If such work is found not to be in accordance with the Contract
Documents, Contractor shall pay all costs.
B. Testing of Materials
1. In advance of manufacture of materials to be supplied by Contractor which must
be tested or inspected, Contractor shall notify the City so that the City may arrange
for testing at the source of supply. Any materials which have not satisfactorily
passed such testing and inspection shall not be incorporated into the Work.
2. If the manufacture of materials to be inspected or tested will occur in a plant or
location greater than sixty (60) miles from the City, the Contractor shall pay for any
excessive or unusual costs associated with such testing or inspection, including
but not limited to excessive travel time, standby time and required lodging.
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3. Unless otherwise specified in the Special Provisions, all initial testing and a
reasonable amount of retesting will be performed under the direction of the
Engineer, and at no expense to the Contractor. The Contractor shall notify the
Engineer in writing, at least 15 days in advance, of its intention to use materials for
which tests are specified, to allow sufficient time to perform the tests. The notice
shall name the proposed supplier and source of material. If the notice of intent to
use is sent before the materials are available for testing or inspection, or is sent so
far in advance that the materials on hand at the time will not last but will be replaced
by a new lot prior to use on the Work, it will be the Contractor's responsibility to re-
notify the Engineer when samples which are representative may be obtained.
4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of
any material or assembled material for which these Specifications so require or if
so required by the Engineer. The Engineer may waive the materials testing
requirements and accept a Certificate of Compliance. Material test data may be
required by the Engineer to be included with the submittal. Materials used on the
basis of a Certificate of Compliance may be sampled and tested at any time. The
submission of a Certificate of Compliance shall not relieve the Contractor of
responsibility for incorporating material into the Work which conforms to the
requirements of the Contract Documents, and any material not conforming to the
requirements will be subject to rejection by the Engineer whether in place or not.
5. Copies of mill certificates of composition and quality of all component materials
(reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of
the Work shall be provided to the City at the time of delivery. City shall retain the
right to reject any raw material not provided with a mill certificate at the time of
delivery.
6. If, after incorporating such materials into the Work, it is found that sources of supply
that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after
improper storage, handling or for any other reason it shall be rejected, not
incorporated into the Work, and shall be removed from the Project Site all at the
Contractor’s expense.
6.4 Requests for Substitutions.
A. For the purposes of this provision, the term “substitution” shall mean the substitution
of any material, method or service substantially equal to or better in every respect to
that indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that
is described in the Notice Inviting Bids that designates certain products, things, or
services by specific brand or trade name.
C. Unless specifically designated in the Special Conditions, whenever any material,
process, or article is indicated or specified by grade, patent, or proprietary name or
by name of manufacturer, such specifications shall be deemed to be used for the
purpose of facilitating the description of the material, process, or article desired and
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shall be deemed to be followed by the words “or equal.” Contractor may, unless
otherwise stated, offer for substitution any material, process, or article which may be
substantially equal to or better in every respect to that so indicated or specified in
the Contract Documents. However, the City has adopted uniform standards for
certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating data,
for substitution of any “or equal” material, process, or article no later than thirty-five
(35) calendar days after award of Contract. Provisions regarding submission of
substitution requests shall not in any way authorize an extension of time for the
performance of this Contract. If a substitution request is rejected by the City, the
Contractor shall provide the material, method or service specified herein. The City
shall not be responsible for any costs incurred by the Contractor associated with
substitution requests. The burden of proof as to the equality of any material,
process, or article shall rest with the Contractor. The Engineer has the complete
and sole discretion to determine if a material, process, or article is substantially equal
to or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following
information:
1. A signed affidavit from the Contractor stating that the material, process, or article
proposed as a substitution is substantially equal to or better than that specified in
every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data
required to prove that the material, process, or article is substantially equal to or
better than that specified.
3. A statement of the cost implications of the substitution being requested, indicating
whether and why the proposed substitution will reduce or increase the amount of
the contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely
manner so that the substitution request can be adequately reviewed may result in
rejection of the substitution request. The Engineer is not obligated to review multiple
submittals related the same substitution request resulting from the Contractor’s
failure to initially submit a complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will
an extension of time for completion of the contract be granted because of
Contractor’s failure to provide substitution requests at the time and in the manner
described herein.
H. The Contractor shall bear the costs of all the City work associated with the review of
substitution requests.
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I. If substitution requests approved by the Engineer require that Contractor furnish
materials, methods or services more expensive than that specified, the increased
costs shall be borne by Contractor.
ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES
7.1 Soils Investigations.
A. When a soils investigation report for the Site is available, such report is provided for
informational purposes only. Any information obtained from such report as to
subsurface soil condition, or to elevations of existing grades or elevations of
underlying rock, is approximate only and is not guaranteed. Contractor
acknowledges that any soils investigation report (including any borings) was
prepared for purposes of design only and Contractor is required to examine the Site
before submitting its Bid and must make whatever tests it deems appropriate to
determine the condition of the soil.
7.2 Ownership of Site Materials Found.
A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials
developed or obtained in the excavation or other operations of Contractor or any of
its Subcontractors in the performance of the Contract, and the right to use said items
in carrying out the Contract, or to dispose of same, is hereby expressly reserved by
the City. Neither Contractor nor any of its Subcontractors nor any of their
representatives or employees shall have any right, title, or interest in said materials,
nor shall they assert or make any claim thereto. Contractor will, as determined by
the City’s Representative, be permitted to use in the Work without charge, any such
materials which meet the requirements of the Contract Documents, provided the City
shall have the right to use or consume these materials without payment to a third
party.
7.3 Existence of Utilities at the Work Site.
A. Existing Utilities
1. The location of known existing utilities and pipelines are shown on the Plans in
their approximate locations. However, nothing herein shall be deemed to require
the City to indicate the presence of existing service laterals or appurtenances
whenever the presence of such utilities on the site of the project can be inferred
from the presence of other visible facilities, such as buildings, cleanouts, meter
and junction boxes, on or adjacent to the Site of the Project.
2. The City will assume the responsibility for the timely removal, relocation, or
protection of existing main or trunk line utility facilities located on the Project site if
such utilities are not identified by the City in the Contract Documents or which
cannot reasonably be inferred from the presence of other visible facilities.
B. Utility Location
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1. It shall be the Contractor’s responsibility to determine the exact location and depth
of all utilities, including service connections, which have been marked by the
respective utility owners and which the Contractor believes may affect or be
affected by the Contractor’s operations. The Contractor shall not be entitled to
additional compensation nor time extensions for work necessary to avoid
interferences nor for repair to damaged utilities if the Contractor does not expose
all such existing utilities as required by this Article.
2. The locating of utilities shall be in conformance with Government Code Section
4216 et seq. except for the City’s utilities located on the City’s property and not on
public right-of-way.
3. A “High Priority Subsurface Installation” is defined in Government Code Section
4216 (j) as “high-pressure natural gas pipelines with normal operating pressures
greater than 415kPA gauge (60psig) or greater than six inches nominal pipe
diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric
supply lines, conductors, or cables that have a potential to ground of greater than
or equal to 60kv, or hazardous materials pipelines that are potentially hazardous
to workers or the public if damaged.”
4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as
“any underground pipeline, conduit, duct, wire, or other structure, except
nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized
drain lines.”
5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the
appropriate regional notification center at least two (2) working days but not more
than 14 Days before performing any excavation. The date of the notification shall
not count as part of the two-working-day notice. Before notifying the appropriate
regional notification center, the Contractor shall delineate the area to be
excavated. The Contractor shall request that the utility owners conduct a utility
survey and mark or otherwise indicate the location of their service. The Contractor
shall furnish to the Engineer written documentation of its contact(s) with the
regional notification center prior to commencing excavation at such locations.
6. After the utility survey is completed, the Contractor shall commence “potholing” or
hand digging to determine the actual location of the pipe, duct, or conduit and in
accordance with Government Code Section 4216.4 if the excavation within the
“tolerance zone” of a subsurface installation. The Engineer shall be given notice
prior to commencing potholing operations. The Contractor shall uncover all piping
and conduits, to a point one (1) foot below the pipe, where crossings, interferences,
or connections are shown on the Drawings, prior to trenching or excavating for any
pipe or structures, to determine actual elevations. New pipelines shall be laid to
such grade as to clear all existing facilities, which are to remain in service for any
period subsequent to the construction of the run of pipe involved.
7. The Contractor's attention is directed to the requirements of Government Code
Section 4216.2 (c) which provides: “When the excavation is proposed within 10
feet of a high priority subsurface installation, the operator of the high priority
subsurface installation shall notify the excavator of the existence of the high priority
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subsurface installation to set up an onsite meeting prior to the legal excavation
start date and time or at a mutually agreed upon time to determine actions or
activities required to verify the location and prevent damage to the high priority
subsurface installation. As part of the meeting, the excavator shall discuss with the
operator the method and tools that will be used during the excavation and the
information the operator will provide to assist in verifying the location of the
subsurface installation. The excavator shall not begin excavating until after the
completion of the onsite meeting.” The Contractor shall notify the Engineer in
advance of this meeting.
C. Utility Relocation and Repair
1. If interferences occur at locations other than those indicated in the Contract
Documents with reasonable accuracy, the Contractor shall notify the Engineer in
writing. The Engineer will supply a method for correcting said interferences in
accordance with the responsibilities of this section and Government Code Section
4215. To the extent any delay is caused thereby, Contractor shall submit a notice
of delay within five (5) Days of discovery of the circumstances giving rise to the
delay in accordance with Article 9.1 Change Orders and Time Extensions.
2. Care shall be exercised by the Contractor to prevent damage to adjacent existing
facilities and public or private works; where equipment will pass over these
obstructions, suitable planking shall be placed. If high priority subsurface
installations are damaged and the operator cannot be contacted, the Contractor
shall call 911 emergency services.
3. The City will compensate the Contractor for the costs of locating and repairing
damage not due to the failure of the Contractor to exercise reasonable care, and
for removing or relocating such main or trunk line utility facilities not indicated in
the Contract Documents with reasonable accuracy, and for the cost of equipment
on the Project necessarily idled during such work. The payment for such costs will
be made as provided in Article 9.1 Change Orders and Time Extensions. The
Contractor shall not be assessed liquidated damages for delay in completion of the
Project, when such delay is caused by the failure of the City or utility company to
provide for removal or relocation of such utility facilities. Requests for extensions
of time arising out of utility relocation or repair delays shall be filed in accordance
with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for
Completion and Liquidated Damages.
4. The public utility, where it is the owner of the affected utility, shall have the sole
discretion to perform repairs or relocation work or permit the Contractor to do such
repairs or relocation work at a reasonable price. The right is reserved to the City
and the owners of utilities or their authorized agents to enter upon the Work area
for the purpose of making such changes as are necessary for the rearrangement
of their facilities or for making necessary connections or repairs to their properties.
The Contractor shall cooperate with forces engaged in such work and shall
conduct its operations in such a manner as to avoid any unnecessary delay or
hindrance to the work being performed by such forces and shall allow the
respective utilities time to relocate their facility.
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5. When the Contract Documents indicate that a utility is to be relocated, altered or
constructed by others, the City will conduct all negotiations with the utility company
and the work will be done at no cost to the Contractor, unless otherwise stipulated
in the Contract Documents.
6. Temporary or permanent relocation or alteration of utilities desired by the
Contractor for its own convenience shall be the Contractor’s responsibility and it
shall make arrangements and bear all costs for such work.
D. Construction at Existing Utilities
1. Where the Work to be performed crosses or otherwise interferes with water, sewer,
gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor
shall perform construction in such a manner so that no damage will result to either
public or private utilities. It shall be the responsibility of the Contractor to determine
the actual locations of, and make accommodates to maintain, all utilities.
2. Before any utility is taken out of service, permission shall be obtained by the
Contractor from the owner. The owner, any impacted resident or business owner
and the City Representative will be advised of the nature and duration of the utility
outage as well as the Contractor’s plan for providing temporary utilities if required
by the owner. The Contractor shall be liable for all damage which may result from
its failure to maintain utilities during the progress of the Work, and the Contractor
shall indemnify City as required by the Contract Documents from all claims arising
out of or connected with damage to utilities encountered during construction;
damages resulting from disruption of service; and injury to persons or damage to
property resulting from the negligent, accidental, or intentional breaching of
utilities.
3. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete this work, shall be included in
Contractor’s bid and distributed in the schedule of pay Items. No additional
compensation shall be made to the Contractor for this work.
7.4 Trenches
A. Trenches Five Feet or More in Depth.
1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed
plan showing the design of shoring, bracing, sloping or other provisions to be made
for worker protection from hazards of caving ground during the excavation of any
trench or trenches five feet or more in depth. If such plan varies from shoring
system standards established by the Construction Safety Orders of the California
Code of Regulations, Department of Industrial Relations, the plan shall be
prepared by a California registered civil or structural engineer. The plan shall not
be less effective than the shoring, bracing, sloping, or other provisions of the
Construction Safety Orders, as defined in the California Code of Regulations. The
Contractor shall designate in writing the “competent person” as defined in Title 8,
California Code of Regulations, who shall be present at the Work Site each day
that trenching/excavation is in progress. The “competent person” shall prepare
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and provide daily trenching/excavation inspection reports to the Engineer.
Contractor shall also submit a copy of its annual California Occupational Safety
and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet.
1. If the Work involves excavating trenches or other excavations that extend deeper
than four (4) feet below the surface, Contractor shall promptly within three (3)
Days, and before the excavation is further disturbed, notify the City in writing of
any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those
indicated.
c. Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract.
2. The City shall promptly investigate the conditions, and if it finds that the conditions
do so materially differ, or do involve hazardous waste, and cause a decrease or
increase in Contractor’s cost of, or the time required for, performance of any part
of the Work, shall issue a Change Order under the procedures described in Article
9.1 Change Orders and Time Extensions.
3. In the event that a dispute arises between the City and the Contractor as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in the Contractor’s cost of, or time required for, performance of any
part of the Work, the Contractor shall not be excused from any scheduled
completion date provided for by the Contract, but shall proceed with all Work to be
performed under the Contract. Contractor shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and protests
between the parties.
ARTICLE 8 -PROSECUTION OF THE WORK
8.1 Contractor’s Means and Methods.
A. Contractor is solely responsible for the means and methods utilized to perform the
Work. In no case shall the Contractor’s means and methods deviate from commonly
used industry standards.
8.2 Construction Schedule.
A. General Requirements. The schedule shall be prepared in a Critical Path Method
(“CPM”) format and in an electronic scheduling program acceptable to the City and
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as specified in the Contract Documents. Contractor shall deliver the schedule and
all updates to the City in both paper and electronic form. The electronic versions
shall be in the format and include all data used to prepare the schedule. Copies are
not acceptable.
B. Schedule. The receipt or approval of any schedules by the City shall not in any way
relieve the Contractor of its obligations under the Contract Documents. The
Contractor is fully responsible to determine and provide for any and all staffing and
resources at levels which allow for good quality and timely completion of the Project.
Contractor’s failure to incorporate all elements of Work required for the performance
of the Contract or any inaccuracy in the schedule shall not excuse the Contractor
from performing all Work required for a completed Project within the specified
Contract Time. If the required schedule is not received by the time the first payment
under the Contract is due, Contractor shall not be paid until the schedule is received,
reviewed and accepted by the City.
C. Schedule Contents. The schedule shall allow enough time for inclement weather.
The schedule shall indicate the beginning and completion dates of all phases of
construction; critical path for all critical, sequential time related activities; and “float
time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include
appropriate time allowances and constraints for submittals, items of interface with
Work performed by others, and specified construction, start-up and performance
tests. All float shall be owned by the Project. Schedules indicating early or late
completion shall not modify or have any effect on the Contract Time, regardless of
whether the schedules are reviewed and/or accepted by the City. For purposes of
determining Liquidated Damages, the Contract Time shall control and may only be
altered by a duly authorized Change Order.
D. Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule;
(2) with each progress payment request; and (3) whenever requested to do so by
the City. The City may withhold progress payments or other amounts due under the
Contract Documents if Contractor fails to submit an updated and accurate
construction schedule. Upon the City’s request, Contractor shall submit any
schedules or updates to the City in the native electronic format of the software used
to create the schedule. Contractor shall also submit schedules showing a two-week
detailed look-ahead at weekly meetings conducted with the City. The two-week look-
ahead schedule shall clearly identify all staffing and other resources which in the
Contractor’s judgment are needed to complete the Work within the Contract Time,
and it shall clearly state the number of staff to be used on each daily segment of the
Work.
E. Acceptance. Acceptance of the schedules by the City will not impose on
responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or
compliance with the Contract Documents. Acceptance will not interfere with or
relieve Contractor from Contractor’s full responsibility therefor.
F. Recovery Schedule.
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1. Should any of the following conditions exist, City may require Contractor to
prepare, at no extra cost to City, a plan of action and a recovery schedule for
completing the Work and achieving all contractual milestones within the allotted
Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the
opinion of City, of sufficient magnitude that City questions the Contractor's
ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the
critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration
of future activities of the schedule which, in the opinion of City, are major in
nature.
2. The recovery schedule shall include proposed revisions to the Construction
Schedule, demonstrating how Contractor intends to achieve all contractual
milestones including Contract completion within the allotted Contract Time. The
submittal shall include a narrative describing the actions planned by the Contractor
to recover the schedule.
3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s
request. If Contractor asserts that City is responsible for the delay, failure to submit
the recovery schedule within seven (7) Days of City’s request, will be considered
a concurrent delay event attributable to Contractor, and Contractor shall only be
entitled to non-compensable adjustments to Contract Times. If Contractor is
responsible for the delay, this provision will not limit or affect Contractor's liability
and failure to submit the recovery schedule with seven (7) Days of City’s request
may result in City withholding progress payments or other amounts due under the
Contract Documents.
4. Contractor is responsible for all costs associated with the preparation and
execution of the recovery schedule, including any necessary recovery actions,
which may include, but are not limited to, assignment of additional labor, and/or
equipment, shift or overtime work, expediting of submittals or deliveries,
overlapping of activities or sequencing changes to increase activity concurrence.
Regardless of whether City directs Contractor to prepare a recovery schedule
pursuant to this Section, Contractor shall promptly undertake appropriate action at
no additional cost to City to recover the schedule whenever the current
construction schedule shows that the Contractor will not achieve a milestone
and/or complete the Work within the allotted Contract Time.
8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the Contract
for Construction shall commence: (1) on the date stated in the Notice to Proceed, or
(2) if the Notice to Proceed does not specify a commencement date, then on the
date of the Notice to Proceed and shall be completed by Contractor in the time
specified in the Contract Documents. The City is under no obligation to consider
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early completion of the Project; and the Contract completion date shall not be
amended by the City’s receipt or acceptance of the Contractor’s proposed earlier
completion date. Any difference in time between the Contractor’s early completion
and the Contract Time shall be considered a part of the Project float. Contractor
shall not be entitled to compensation, and the City will not compensate Contractor,
for delays which impact early completion. Contractor shall not, under any
circumstances, receive additional compensation from the City (including but not
limited to indirect, general, administrative or other forms of overhead costs) for the
period between the time of earlier completion proposed by the Contractor and the
Contract completion date.
B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is
understood that the City will suffer damage. In accordance with Government Code
section 53069.85 and Public Contract Code section 7102, being impractical and
infeasible to determine the amount of actual damage, it is agreed that Contractor
shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum
stipulated in the Contract for each calendar day of delay until the Work is fully
completed. Contractor and its surety shall be liable for any liquidated damages. Any
money due or to become due the Contractor may be retained to cover liquidated
damages.
C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what
constitutes inclement weather. Time extensions for inclement weather shall only be
granted when the Work stopped during inclement weather is on the critical path of
the Project schedule. Contractor shall not be entitled to reverse liquidated damages
for time extensions resulting from inclement weather.
D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is
limited to a City-caused extension of the critical path, reduced by the Contractor’s
concurrent delays, and established by a proper time impact analysis. Contractor
shall not be charged liquidated damages because of any delays in completion of the
Work due to unforeseeable causes beyond the control and without the fault or
negligence of Contractor (or its Subcontractors or Suppliers). The City shall
ascertain the facts and extent of delay and grant extension of time for completing
the Work when, in its judgment, the facts justify such an extension. Contractor shall
not be entitled to an adjustment in the Contract Times for delays within the control
of Contractor. Delays attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be delays within the control of Contractor.
E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102,
Contractor will be compensated for damages incurred due to unreasonable delays
to the critical path for which the City is responsible. The parties agree that
determining Contractor’s exact delay damages are and will continue to be
impracticable and extremely difficult. As such, for each calendar day in excess of
the time for completion set forth in Article 2 of the Contract for Construction, the City
shall pay to the Contractor the sum stipulated in the Contract per day. Such amount
shall constitute the only payment allowed for any City-caused delays and shall
necessarily include all overhead, all profits, all administrative costs, all bond costs,
all labor, materials, equipment and rental costs and any other costs, expenses and
fees incurred or sustained as a result of such delays. Contractor shall not be entitled
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to reverse liquidated damages for any change in the Work in which Contractor is
compensated for overhead and profit through a change in Unit Price Work or a
Change Order resulting in a lump sum or allowed mark-up for the additional Work.
The amount of reverse liquidated damages shall be reduced by Contractor’s
concurrent delays.
F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the
Contractor shall not be charged liquidated damages, and the City shall not be
responsible, for any delays resulting from a Force Majeure Event. If a delay to the
critical path results from a Force Majeure Event, the Contractor will be entitled to a
time extension but will not receive an adjustment to the Contract Price or any other
compensation. Such a non-compensable adjustment shall be Contractor’s sole and
exclusive remedy for such delays.
G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for
which the City is responsible shall be limited to only an extension of time unless such
delays were unreasonable under the circumstances. In no case shall the City be
liable for any costs which are borne by the Contractor in the regular course of
business, including, but not limited to, home office overhead and other ongoing
costs. Damages caused by unreasonable City delay shall be based on actual costs
only, no proportions or formulas shall be used to calculate any delay damages.
H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled
to any extension of time or any reverse liquidated damages unless Contractor
properly notices the delay and adjustment to compensation and requests a Change
Order in accordance with Article 9.1 Change Orders and Time Extensions.
Contractor’s failure to timely and fully comply with the Change Order procedures in
the Contract Documents shall constitute a waiver of Contractor’s right to a time
extension or reverse liquidated damages.
8.4 Contractor’s Responsibility for Work.
A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be
under the charge and care of the Contractor. The Contractor shall take every
necessary precaution against injury or damage to any part thereof by the action of
the elements or from any cause whether arising from the execution or non-execution
of the Work. The Contractor shall rebuild, repair, restore and make good at its own
expense all injuries or damages to any portion of the Work before its completion and
acceptance. In the event of damage proximately caused by an Act of God, as
defined by Section 7105 of the Public Contract Code, the City will pay for repair or
restoration to damaged Work in excess of 5% of the total Bid.
8.5 Occupancy.
A. The City reserves the right to occupy or utilize any portion of the Work at any time
before completion, and such occupancy or use shall not constitute acceptance of
any part of Work covered by this Contract. This use shall not relieve the Contractor
of its responsibilities under the Contract.
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8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California,
Contractor may request the City to make retention payments directly to an escrow
agent or may substitute securities for any money withheld by the City to ensure
performance under the contract. At the request and expense of Contractor,
securities equivalent to the amount withheld shall be deposited with the City or with
a state or federally chartered bank as the escrow agent who shall return such
securities to Contractor upon satisfactory completion of the contract. Deposit of
securities with an escrow agent shall be subject to a written agreement substantially
in the form provided in section 22300 of the Public Contract Code.
8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City
1. The City may, at its sole option, decide to suspend at any time the performance of
all or any portion of the Work by notice in writing to Contractor. Such notice of
suspension of Work will designate the amount and type of plant, labor, and
equipment to be committed to the Project during the period of suspension.
Contractor shall use its best efforts to utilize its plant, labor, and equipment in such
a manner as to minimize costs associated with suspension.
2. Upon receipt of any such notice, Contractor shall, unless the notice requires
otherwise:
a. Immediately discontinue Work on the date and to the extent
specified in the notice;
b. Place no further orders or subcontracts for material, services, or
facilities with respect to suspended Work other than to the extent required
in the notice;
c. Promptly make every reasonable effort to obtain suspension upon
terms satisfactory to the City’s Representative of all orders, subcontracts,
and rental agreements to the extent they relate to performance of Work
suspended; and
d. Continue to protect and maintain the Work including those portions
on which Work has been suspended.
3. Except as provided by this Article, as full and complete compensation for such
suspension, Contractor shall be granted an adjustment in the Contract Price based
on a negotiated daily rate that reflects the Contractor’s actual costs associated with
the demobilized condition of the Site and an extension of the Contract Times equal
to the number of days performance of Work is suspended; provided, however, that
no adjustment of Contract Price or extension of Contract Times shall be granted if
the suspension results from Contractor's non-compliance with the requirements of
the Contract.
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B. Termination for Cause by the City:
1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the
Work or any separable part thereof with such diligence as will insure its completion
within the time specified by the Contract Documents, or any extension thereof, or
fails to complete such Work within such time, or if the Contractor should be
adjudged a bankrupt, or if it should make a general assignment for the benefit of
its creditors, or if a receiver should be appointed on account of its insolvency, or
the Contractor or any of its subcontractors should violate any of the provisions of
this Contract, the City may serve written notice upon the Contractor and its surety
of the City's intention to terminate this Contract. This notice of intent to terminate
shall contain the reasons for such intention to terminate this Contract, and a
statement to the effect that the Contractor's right to perform this Contract shall
cease and terminate upon the expiration of ten (10) Days unless such violations
have ceased and arrangements satisfactory to the City have been made for
correction of said violations.
2. After expiration of the ten (10) Day period, the City may terminate the Contract by
providing a Notice of Termination to the Contractor. The City may take over and
complete the Work by any method it may deem appropriate, including enforcement
of the Project performance bond. Contractor and its surety shall be liable to the
City for any excess costs or other damages incurred by the City to complete the
Work. If the City takes over the Work, the City may, without liability for so doing,
take possession of and utilize in completing the Work such materials, appliances,
plant, and other property belonging to the Contractor as may be on the Site.
3. Upon termination, Contractor shall not be entitled to receive any further payment
from the City, except for Work which was duly performed prior to the effective date
of the Notice of Termination. Contractor shall submit an invoice for final payment
within thirty (30) Days of the effective date of the Notice of Termination. The City
may withhold from final payment up to 150% of any disputed amounts, including
any amounts which may be necessary to repair defective Work, complete
unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its
duties under the Contract.
C. Termination for Convenience by the City:
1. The City may terminate performance of the Work called for by the Contract
Documents in whole or, from time to time, in part, upon ten (10) Days written notice
if the City determines that a termination is in the City's interest.
2. The Contractor shall terminate all or any part of the Work upon delivery to the
Contractor of a Notice of Termination specifying that the termination is for the
convenience of the City, the extent of termination, and the effective date of such
termination.
3. After receipt of Notice of Termination, and except as directed by the City's
Representative, the Contractor shall, regardless of any delay in determining or
adjusting any amounts due under this termination for convenience clause,
immediately proceed with the following obligations:
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a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least
cost/shortest time manner while still maintaining the quality called for under
the Contract Documents.
c. Leave the property upon which the Contractor was working and
upon which the facility (or facilities) forming the basis of the Contract
Document is situated in a safe and sanitary manner such that it does not
pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the
portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to
complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the
effective date of the Notice of Termination, all of the usual documentation
called for by the Contract Documents to substantiate all costs incurred by
the Contractor for labor, materials and equipment through the effective date
of the Notice of Termination. Any documentation substantiating costs
incurred by the Contractor solely as a result of the City's exercise of its right
to terminate this Contract pursuant to this clause, which costs t he
contractor is authorized under the Contract documents to incur, shall: (1)
be submitted to and received by the Engineer no later than 30 Days after
the effective date of the Notice of Termination; (2) describe the costs
incurred with particularity; and (3) be conspicuously identified as
“Termination Costs occasioned by the City's Termination for Convenience.”
If the City rejects any costs, Contractor shall be deemed to waive the
rejected costs unless Contractor files a Claim within thirty (30) Days of the
rejection pursuant to Article 9.2.
g. Contractor shall be entitled to receive only the amounts payable
under this Article, and Contractor specifically waives any claim for any other
amounts or damages, including, but not limited to, any claim for
consequential damages or lost profits. The provisions in this Article are in
addition to and not in limitation of any other rights or remedies available to
the City.
4. Termination of the Contract shall not relieve surety of its obligation for any just
claims arising out of or relating to the Work performed.
5. Notwithstanding any other provision of this Article, when immediate action is
necessary to protect life and safety or to reduce significant exposure or liability, the
City may immediately order Contractor to cease Work on the Project until such
safety or liability issues are addressed to the satisfaction of the City or the Contract
is terminated.
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6. If the City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this section,
and Contractor specifically waives any claim for any other amounts or damages,
including, but not limited to, any claim for consequential damages or lost profits.
8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is
complete, the Engineer will promptly make a final inspection with the City and
Contractor and will notify Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to complete such Work or
remedy such deficiencies.
B. Final Acceptance. The acceptance of the Work on behalf of the City will be made
by the Engineer. Such acceptance by the City shall not constitute a waiver of
defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed
all corrections identified during the final inspection and has delivered, in accordance
with the Contract Documents, all maintenance and operating instructions,
schedules, guarantees, bonds, certificates or other evidence of insurance,
certificates of inspection, Record Documents, and other documents required by the
Contract Documents, the City shall execute a Notice of Completion, constituting final
acceptance and completion of the Project, except as may be expressly noted.
8.9 Warranty and Guaranty of Work.
A. Contractor hereby warrants that materials and Work shall be completed in
conformance with the Contract Documents and that the materials and Work provided
will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or
replace, at the discretion of the City, any or all Work that may prove to be defective
in its workmanship, materials furnished, methods of installation or fail to conform to
the Contract Document requirements together with any other Work which may be
damaged or displaced by such defect(s) within a period of one (1) year (or as
otherwise indicated in the Contract Documents or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into
the Work, whichever is later) from the date of the Notice of Completion of the Project
without any expense whatever to the City, ordinary wear and tear and unusual abuse
and neglect excepted. Contractor shall be required to promptly repair or replace
defective equipment or materials, at Contractor’s option. All costs associated with
such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole
responsibility of the Contractor.
B. For any Work so corrected, Contractor’s obligation hereunder to correct defective
Work shall be reinstated for an additional one (1) year period, commencing with the
date of acceptance of such corrected Work. The reinstatement of the one (1) year
warranty shall apply only to that portion of work that was corrected. Contractor shall
perform such tests as the City may require to verify that any corrective actions,
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including, without limitation, redesign, repairs, and replacements comply with the
requirements of the Contract. In the event of Contractor’s failure to comply with the
above-mentioned conditions within ten (10) Days after being notified in writing of
required repairs, to the reasonable satisfaction of the City, the City shall have the
right to correct and replace any defective or non-conforming Work and any work
damaged by such work or the replacement or correction thereof at Contractor’s sole
expense. Contractor shall be obligated to fully reimburse the City for any expenses
incurred hereunder immediately upon demand.
C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City
all warranties that would be given in normal commercial practice and assign to the
City any and all manufacturer’s or installer’s warranties for equipment or materials
not manufactured by Contractor and provided as part of the Work, to the extent that
such third-party warranties are assignable and extend beyond the warranty period
set forth in this Article. Contractor shall furnish the City with all warranty and
guarantee documents prior to final acceptance of the Project by the City as required.
D. When specifically indicated in the Contract Documents or when directed by the
Engineer, the City may furnish materials or products to the Contractor for installation.
In the event any act or failure to act by Contractor shall cause a warranty applicable
to any materials or products purchased by the City for installation by the Contractor
to be voided or reduced, Contractor shall indemnify the City from and against any
cost, expense, or other liability arising therefrom, and shall be responsible to the City
for the cost of any repairs, replacement or other costs that would have been covered
by the warranty but for such act or failure to act by Contractor.
E. The Contractor shall remedy at its expense any damage to City-owned or controlled
real or personal property.
F. The City shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage. The Contractor shall within ten (10)
Days after being notified commence and perform with due diligence all necessary
Work. If the Contractor fails to promptly remedy any defect or damage, the City shall
have the right to replace, repair or otherwise remedy the defect, or damage at the
Contractor’s expense.
G. In the event of any emergency constituting an immediate hazard to health, safety,
property, or licensees, when caused by Work of the Contractor not in accordance
with the Contract requirements, the City may undertake at Contractor’s expense,
and without prior notice, all Work necessary to correct such condition.
H. Acceptance of Defective Work.
1. If, instead of requiring correction or removal and replacement of defective Work,
the City prefers to accept it, the City may do so. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) attributable to the City’s evaluation of and
determination to accept such defective Work and for the diminished value of the
Work. If any acceptance of Defective Work occurs prior to release of the Project
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retention, a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work, and the City shall be entitled to
an appropriate decrease in the Contract Price, reflecting the diminished value of
Work and all costs incurred by the City. If the acceptance of defective occurs after
release of the Project retention, an appropriate amount will be paid by Contractor
to the City.
I. The City May Correct Defective Work
1. If Contractor fails within a reasonable time after written notice from the City to
correct Defective Work, or to remove and replace rejected Work as required by the
City, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract
Documents, the City may, after seven (7) Days written notice to Contractor,
correct, or remedy any such deficiency.
2. In connection with such corrective or remedial action, the City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work
and suspend Contractor’s services related thereto, take possession of Contractor’s
tools, appliances, construction equipment and machinery at the Site, and
incorporate in the Work all materials and equipment stored at the Site or for which
the City has paid Contractor but which are stored elsewhere. Contractor shall allow
the City, and the agents, employees, other contractors, and consultants of each of
them, access to the Site to enable the City to exercise the rights and remedies to
correct the Defective Work.
3. All claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) incurred or sustained by the City
correcting the Defective Work will be charged against Contractor, and a Change
Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and the City shall be entitled to an
appropriate decrease in the Contract Price. Such claims, costs, losses and
damages will include but not be limited to all costs of repair, or replacement of work
of others destroyed or damaged by correction, removal, or replacement of
defective Work.
4. If the Change Order is executed after all payments under the Contract have been
paid by the City and the Project Retention is held in an escrow account as
permitted by the Contract Documents, Contractor will promptly alert the escrow
holder, in writing, of the amount of Retention to be paid to the City. If the Change
Order is executed after release of the Project retention, an appropriate amount will
be paid by Contractor to the City. Contractor shall not be allowed an extension of
the Contract Times because of any delay in the performance of the Work
attributable to the City correcting Defective Work.
J. Nothing in the warranty or in the Contract Documents shall be construed to limit the
rights and remedies available to the City at law or in equity, including, but not limited
to, Code of Civil Procedure section 337.15.
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ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION
9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be
through a written Change Order in accordance with this Article. The City, without invalidating the
Contract, may order changes in the Work consisting of additions, deletions or other revisions, and
Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever
any change is made as provided for herein, such change shall be considered and treated as
though originally included in the Contract, and shall be subject to all terms, conditions, and
provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for
damages, whether for loss of profits or otherwise, on account of any decrease or omission of any
item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach
agreement on the terms of the Change Order shall relieve the Contractor from the obligation to
proceed with performance of the Work, including Additional Work, promptly and expeditiously.
Any alterations, extensions of time, Additional Work, or any other changes may be made without
securing consent of the Contractor’s surety or sureties.
A. Change in Contract Procedures
1. City Directive. The City may direct changes in the Work by delivering a written
directive. To the extent the work directive results in a change to compensation or
time, Contractor must timely request a Change Order and comply with all Change
Order procedures in accordance with this Article. Notwithstanding issuance of a
work directive, Contractor’s failure to timely request a Change Order shall
constitute a waiver by Contractor of any adjustment to compensation or time
extension for Work performed under the directive. The City shall not be liable to
Contractor for Work performed or omitted by Contractor in reliance on verbal
orders.
2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change
Order Request, then Contractor shall provide the City with written notice of the
underlying facts and circumstances that gave rise to the proposed change within
the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days
from the discovery date or prior to the alterations of the conditions, whichever
is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the
conditions, which shall be no longer than three (3) days from the date the
Contractor discovers that the Force Majeure Event gives rise to a change,
unless that the conditions are such that notice within three (3) days is not
possible or practicable.
c. If due to any other matter that may involve an adjustment to the Contract Time
or the Contract Price, within seven (7) days from the discovery date.
To be considered valid and complete, the notice of change/delay shall include
a general statement of the circumstances giving rise to the notice of
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change/delay and a reasonable order of magnitude estimate of the additional
costs and/or time. If the circumstances give rise to both a cost adjustment and
time extension, Contractor shall submit the notice of change and notice of delay
concurrently.
3. Request for Change in Compensation and/or Extension of Time. Contractor shall
submit a Change Order Request for any adjustment to Contractor’s compensation
and/or any extension of time. The Change Order Request shall be made prior to
incurring any expense and within fourteen (14) Days from either Contractor’s
notice of change/delay or the City’s directive ordering the change. The Change
Order Request shall include all of the following information (unless inapplicable to
the change):
a. A detailed description of the circumstances giving rise to the
request;
b. A complete itemized cost proposal, including itemized pricing for
first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical
path to completion;
e. If any added costs or information cannot be determined at the time
of the Change Order Request, the reason the costs or information cannot
be determined at the time; and
f. Certification to the accuracy of the Change Order Request under
penalty of perjury.
The time impact analysis shall be in the critical path method format
and shall show the sequencing of all critical and non-critical new
activities and/or activity revisions affected by the delay, with logic
ties to all affected existing activities noted on the schedule.
The City may demand, and Contractor shall provide, any additional
information supporting the Change Order Request, including but
not limited to native electronic format version of schedules and time
impact analyses. Contractor shall provide the requested additional
information within five (5) Days of the request.
For any costs or information that cannot be determined at the time
Contractor submits the Change Order Request, Contractor shall
submit to the City notice of the costs or information and all
supporting documentation within five (5) Days of when the costs or
other information become subject to determination.
4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the
Change Order Request or disagrees with the proposal submitted by Contractor, it
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will notify the Contractor, and the City will provide its opinion of the appropriate
price and/or time extension. If no agreement can be reached, the City shall have
the right to order the Work performed on a time and materials basis or to issue a
unilateral Change Order setting forth the City’s determination of the reasonable
additions or savings in costs and time attributable to the extra or deleted work. The
City shall also have the right to order changes in the Work to be performed
promptly by the Contractor on a time and materials basis or to issue a unilateral
Change Order setting forth the City’s determination of the reasonable additions or
savings in costs and time attributable to the extra or deleted work. The City’s
determination shall become final and binding if the Contractor fails t o submit a
Claim in writing to the City within fourteen (14) Days of the issuance of the
unilateral Change Order, disputing the terms of the unilateral Change Order and
providing such supporting documentation for its position as the City may
reasonably require.
5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE
A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE
ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF
THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE
RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH
CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE
OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY
MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY
OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.
Contractor recognizes and acknowledges that timely submission of a formal written
notice of change/delay and Change Order Request, whether or not the
circumstances of the change may be known to the City or available to the City
through other means, is not a mere formality but is of crucial importance to the
ability of the City to promptly identify, prioritize, evaluate and mitigate the potential
effects of changes. Any form of informal notice, whether verbal or written
(including, without limitation, statements in requests for information, statements in
Submittals, statements at any job meeting or entries on monthly reports, daily logs
or job meeting minutes), that does not strictly comply with the formal requirements
of this Article, shall accordingly be insufficient.
6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement
therewith, including any adjustment in compensation or extension of time, and
the full and final settlement of all costs (direct, indirect and overhead) related
to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change
Orders. If so designated, Contractor may only use such forms. Contractor
shall not reserve a right to assert impact costs, extended job site costs,
extended overhead, constructive acceleration and/or actual acceleration
beyond what is stated in the Change Order. No Claims shall be allowed for
impact, extended overhead costs, constructive acceleration and/or actual
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acceleration due to a multiplicity of changes and/or clarifications. The
Contractor may not change or modify the City’s Change Order form in an
attempt to reserve additional rights.
B. Determining Adjustments to Compensation.
1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work
subject to a Change Order except as expressly set forth in this Article. The mark-
up added in instances of Additional Work shall constitute the entire amount of
profit, any mark-ups, any field or home office overhead costs, including personnel,
equipment or office space, any materials, or any costs of equipment idle time for
such Work.
2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item
varies from the Bid Schedule, compensation for the change in quantity will be
calculated by multiplying the actual quantity by the unit price. This calculation may
result in either an additive or deductive Change Order. Bid items included on the
Bid Schedule may be deducted from the Work in their entirety without any
negotiated extra costs. Because Unit Price Work includes overhead and profit as
determined by Contractor at the time of its Bid submission, no mark up or deduction
for overhead and profit will be allowed.
3. Lump Sum Change Orders. Whenever possible, any changes affecting
compensation shall be in a lump sum mutually agreed by the Contractor and the
City.
4. Time and Materials Change Orders. The City may direct the Contractor to proceed
with the Additional Work with payment to be made on the basis of actual cost of
the labor and materials required to complete the Additional Work. If the Project is
federally funded, a time and materials Change Order shall only be issued after a
determination that no other Change Order is suitable and the Change Order shall
include a ceiling price that the Contractor exceeds at its own risk.
5. Federally Funded Projects. For any change in price to the Contract, general and
administrative expenses shall be negotiated and must conform to the cost
principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be
negotiated as a separate element of the cost. To establish a fair and reasonable
profit, consideration must be given to the complexity of the Additional Work to be
performed, the risk borne by the Contractor, the Contractor's investment, the
amount of subcontracting, the quality of its record of past performance, and
industry profit rates in the surrounding geographical area for similar work.
6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and-
material work shall be limited to direct expenditures necessitated specifically by
the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for
each craft or type of worker at the time the Additional Work is done, plus
employer payments of payroll taxes and insurance, health and welfare,
pension, vacation, apprenticeship funds, and other direct costs resulting from
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federal, state or local laws, as well as assessment or benefits required by lawful
collective bargaining agreements. The use of a labor classification which
would increase the Additional Work cost will not be permitted unless the
Contractor establishes the necessity for such additional costs. Labor costs for
equipment operators and helpers shall be reported only when such costs are
not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at
which such materials are locally available in the quantities involved, plus sales
tax, freight and delivery. Materials costs shall be based upon supplier or
manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in
determining equipment use shall not exceed listed rates prevailing locally at
equipment rental agencies, or distributors, at the time the work is performed.
The Contractor shall furnish cost data supporting the establishment of the
rental rate. The rental rate to be applied for use of each items of equipment
shall be the rate resulting in the least total cost to the City for the total period
of use. The City shall the make the final determination as to an equitable rental
rate for the equipment. No payment will be made for the use of small tools,
which have a replacement value of $1,000 or less.
(i) The rental time to be paid for equipment shall be the time the equipment
is in productive operation on the Additional Work being performed.
Rental time will not be allowed while equipment is inoperative due to
breakdowns.
(ii) All equipment shall, in the opinion of the City, be in good working
condition and suitable for the purpose for which the equipment is to be
used. Equipment with no direct power unit shall be powered by a unit
of at least the minimum rating recommended by the manufacturer.
(iii) Before construction equipment is used on any Additional Work, the
Contractor shall plainly stencil or stamp an identifying number thereon
at a conspicuous location, and shall furnish to the City, in duplicate, a
description of the equipment and its identifying number.
(iv) When hourly rates are listed, any part of an hour less than 30 minutes
of operation shall be considered to be 1/2-hour of operation, and any
part of an hour greater than 30 minutes will be considered one hour of
operation. When daily rates are listed, any part of a day less than 4
hours operation shall be considered to be 1/2-day of operation.
d. Allowed Mark-up. The allowed mark-up for any and all overhead (including
supervision and home and field office costs) and profit on work added to the
Contract shall be determined in accordance with the following provisions:
(i) “Net Cost” is defined as the actual costs of labor, materials and tools
and equipment only, excluding overhead and profit. The costs of
applicable insurance and bond premium will be reimbursed to the
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Contractor and Subcontractors at cost only, without mark-up.
Contractor shall provide the City with documentation of the costs,
including but not limited to payroll records, invoices, and such other
information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark-up
shall not exceed fifteen (15%) percent of labor costs, ten percent (10%)
of material costs, and ten percent (10%) of the cost of tools and
equipment use.
(iii) For Work performed by a Subcontractor, the added cost for overhead
and profit shall not exceed fifteen percent (15%) of the Subcontractor’s
Net Cost of the Work to which the Contractor may add up to five percent
(5%) of the Subcontractor’s Net Cost.
(iv) For Work performed by a sub-subcontractor, the added cost for
overhead and profit shall not exceed fifteen percent (15%) of the sub-
subcontractor’s Net Cost for Work to which the Subcontractor and
Contractor may each add up to an additional five percent (5%) of the
Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and
in no case shall the added cost for overhead and profit payable by the
City exceed twenty-five percent (25%) of the Net Cost as defined
herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and
to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets. Contractor must submit timesheets, materials
invoices, records of equipment hours, and records of rental equipment
hours to the City’s for an approval signature each day that Work is
performed on a time-and-material basis. The Engineer’s signature on
time sheets only serves as verification that the Work was performed
and is not indicative of the City’s agreement to Contractor’s entitlement
to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet,
which shall include total actual costs, within five (5) Days following
completion of Additional Work on a time-and-material basis.
Contractor’s total actual cost shall be presented in a summary table in
an electronic spreadsheet file by labor, material, equipment, and any
other costs, along with documentation supporting the costs.
Contractor’s failure to submit the T&M Summary Sheet within five (5)
Days of completion of the Additional Work will result in Contractor’s
waiver for any reimbursement of any costs associated with the
Additional Work.
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f. Excluded Costs. The following costs or any other home or field office overhead
costs, all of which are to be considered administrative costs covered by the
Contractor’s mark-up, shall not be allowed costs and shall not be included in
any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s
officers, executives, principals, general managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing
and contracting agents, timekeepers, clerks, and other personnel
employed by Contractor whether at the Site or in Contractor’s principal
office or any branch office, material yard, or shop for general
administration of the Work;
(ii) Office Expenses. Expenses of Contractor’s principal and branch
offices;
(iii) Capital Expenses. Any part of Contractor’s capital expenses, including
interest on Contractor’s capital employed for the Additional Work and
charges against Contractor for delinquent payments;
(iv) Negligence. Costs due to the negligence of Contractor or any
Subcontractor or Supplier, or anyone directly or indirectly employed by
any of them or for whose acts any of them may be liable, including
without limitation the correction of Defective Work, disposal of materials
or equipment wrongly supplied, and making good any damage to
property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that
remain the property of Contractor;
(vi) Administrative Costs. Costs associated with the preparation of Change
Orders (whether or not ultimately authorized), cost estimates, or the
preparation or filing of Claims;
(vii) Anticipated Lost Profits. Expenses of Contractor associated with
anticipated lost profits or lost revenues, lost income or earnings, lost
interest on earnings, or unpaid retention;
(viii) Home Office Overhead. Costs derived from the computation of a
“home office overhead” rate by application of the Eichleay, Allegheny,
burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys. Costs of special consultants or
attorneys, whether or not in the direct employ of Contractor, employed
for services specifically related to the resolution of a Claim, dispute, or
other matter arising out of or relating to the performance of the
Additional Work.
(x) Other. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in the Contract
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Documents; including but not limited to: submittals, drawings, field
drawings, shop drawings, including submissions of drawings; field
inspection; general superintendence; computer services; reproduction
services; salaries of project engineer, superintendent, timekeeper,
storekeeper, and secretaries; janitorial services; small tools, incidentals
and consumables; temporary on-site facilities (offices, telephones, high
speed internet access, plumbing, electrical power, lighting; platforms,
fencing, water); surveying; estimating; protection of work; handling and
disposal fees; final cleanup; other incidental work; related warranties;
insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally
funded, any costs that are not allowable, reasonable and allocable to
the Project, under generally accepted accounting principles and the
applicable federal requirements.
9.2 Procedure for Resolving Claims.
Contractor shall timely comply with any and all requirement of the Contract Documents pertaining
to notices and requests for changes to the Contract Time or Contract Price, including but not
limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this
Article. The failure to timely submit a notice of delay or notice of change, or to timely request a
change to the time for completion or Contractor’s compensation, or to timely provide any other
notice or request required herein shall constitute a waiver of the right to further pursue the claim
under the Contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public
Contract Code prescribes a process utilizing informal conferences, non-binding
judicial supervised mediation, and judicial arbitration to resolve disputes on
construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of
the Public Contract Code prescribes a process for negotiation and mediation to
resolve disputes on construction claims. The intent of this Article is to implement
Sections 20104 et seq. and Section 9204 of the California Public Contract Code.
This Article shall be construed to be consistent with all applicable law, including but
not limited to these statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the
Contractor for:
1. An adjustment to the time for completion including, without limitation, for relief from
damages or penalties for delay assessed by the City;
2. Payment by the City of money or damages arising from Work done by or on behalf
of the Contractor pursuant to the Contract, payment for which is not otherwise
expressly provided or to which the Contractor is not otherwise entitled; or
3. An amount the payment of which is disputed by the City.
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A “Claim” does not include any demand for payment for which the Contractor has
failed to provide notice, request a Change Order, or otherwise failed to follow any
procedures contained in the Contract Documents.
C. Filing Claims. Claims governed by this Article may not be filed unless and until the
Contractor completes any and all requirements of the Contract Documents
pertaining to notices and requests for changes to the Contract Time or Contract
Price, and Contractor’s request for a change has been denied in whole or in part.
Claims governed by this Article must be filed no later than thirty (30) Days after a
request for change has been denied in whole or in part or after any other event giving
rise to the Claim. The Claim shall be submitted in writing to the City and shall include
on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The
Claim shall include the all information and documents necessary to substantiate the
Claim, including but not limited to those identified below. Nothing in this Article is
intended to extend the time limit or supersede notice requirements otherwise
provided by Contract Documents. Failure to follow such contractual requirements
shall bar any Claims or subsequent proceedings for compensation or payment
thereon.
D. Documentation. The Contractor shall submit all Claims in the following format:
1. Summary description of Claim including basis of entitlement, merit and amount of
time or money requested, with specific reference to the Contract Document
provisions pursuant to which the Claim is made
2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other
3. Chronology of events and correspondence
4. Narrative analysis of Claim merit
5. Analysis of Claim cost, including calculations and supporting documents
6. Time impact analysis in the form required by the Contract Documents or, if the
Contract Documents do not require a particular format, CPM format, if an
adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall
conduct a reasonable review of the Claim and, within a period not to exceed 45 Days,
shall provide the Contractor a written statement identifying what portion of the Claim
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is disputed and what portion is undisputed. Any payment due on an undisputed
portion of the Claim will be processed and made within 60 Days after the City issues
its written statement.
1. If the City needs approval from its governing body to provide the Contractor a
written statement identifying the disputed portion and the undisputed portion of the
Claim, and the City’s governing body does not meet within the 45 Days or within
the mutually agreed to extension of time following receipt of a Claim sent by
registered mail or certified mail, return receipt requested, the City shall have up to
three (3) Days following the next duly publicly noticed meeting of the City’s
governing body after the 45-Day period, or extension, expires to provide the
Contractor a written statement identifying the disputed portion and the undisputed
portion.
2. Within 30 Days of receipt of a Claim, the City may request in writing additional
documentation supporting the Claim or relating to defenses or Claims the City may
have against the Contractor. If additional information is thereafter required, it shall
be requested and provided pursuant to this subdivision, upon mutual agreement
of the City and the Contractor. The City’s written response to the Claim, as further
documented, shall be submitted to the Contractor within 30 Days (if the Claim is
less than $50,000, within 15 Days) after receipt of the further documentation, or
within a period of time no greater than that taken by the Contractor in producing
the additional information or requested documentation, whichever is greater.
F. Meet and Confer. If the Contractor disputes the City’s written response, or the City
fails to respond within the time prescribed, the Contractor may so notify the City, in
writing, either within 15 Days of receipt of the City’s response or within 15 Days of
the City’s failure to respond within the time prescribed, respectively, and demand in
writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand, the City shall schedule a meet and confer
conference within 30 Days for settlement of the dispute.
G. Mediation. Within 10 business days following the conclusion of the meet and confer
conference, if the Claim or any portion of the Claim remains in dispute, the City shall
provide the Contractor a written statement identifying the portion of the Claim that
remains in dispute and the portion that is undisputed. Any payment due on an
undisputed portion of the Claim shall be processed and made within 60 Days after
the City issues its written statement. Any disputed portion of the Claim, as identified
by the Contractor in writing, shall be submitted to nonbinding mediation, with the City
and the Contractor sharing the associated costs equally. The public entity and
Contractor shall mutually agree to a mediator within 10 business days after the
disputed portion of the Claim has been identified in writing, unless the parties agree
to select a mediator at a later time.
1. If the parties cannot agree upon a mediator, each party shall select a mediator and
those mediators shall select a qualified neutral third party to mediate with regard
to the disputed portion of the Claim. Each party shall bear the fees and costs
charged by its respective mediator in connection with the selection of the neutral
mediator.
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2. For purposes of this Article, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an
independent third party or board assists the parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform
to the timeframes in this Article.
3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
4. The mediation shall be held no earlier than the date the Contractor completes the
Work or the date that the Contractor last performs Work, whichever is earlier. All
unresolved Claims shall be considered jointly in a single mediation, unless a new
unrelated Claim arises after mediation is completed.
H. Procedures After Mediation. If following the mediation, the Claim or any portion
remains in dispute, the Contractor must file a Claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of
Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.
For purposes of those provisions, the running of the period of time within which a
Claim must be filed shall be tolled from the time the Contractor submits his or her
written Claim pursuant to subdivision (a) until the time the Claim is denied, including
any period of time utilized by the meet and confer conference.
I. Civil Actions. The following procedures are established for all civil actions filed to
resolve Claims of $375,000 or less:
1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive
pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to
commencement of the action in accordance with Public Contract Code section
9204 and the terms of this Contract. The mediation process shall provide for the
selection within 15 Days by both parties of a disinterested third person as mediator,
shall be commenced within 30 Days of the submittal, and shall be concluded within
15 Days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
2. If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of
the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The
Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter
3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding
brought under this subdivision consistent with the rules pertaining to judicial
arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title
3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be
experienced in construction law, and (B) any party appealing an arbitration award
who does not obtain a more favorable judgment shall, in addition to payment of
costs and fees under that chapter, also pay the attorney’s fees on appeal of the
other party.
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J. Government Code Claim Procedures.
1. This Article does not apply to tort claims and nothing in this Article is intended nor
shall be construed to change the time periods for filing tort claims or actions
specified by Chapter 1 (commending with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the
Government Code.
2. In addition to any and all requirements of the Contract Documents pertaining to
notices of and requests for adjustment to the Contract Time, Contract Price, or
compensation or payment for Additional Work, disputed Work, construction claims
and/or changed conditions, the Contractor must comply with the claim procedures
set forth in Government Code Section 900, et seq. prior to filing any lawsuit against
the City.
3. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved
after all procedures pertaining to adjustment of the Contract Time or Contract Price
for Additional Work, disputed Work, construction claims, and/or changed
conditions have been followed by Contractor. If Contractor does not comply with
the Government Code claim procedure or the prerequisite contractual
requirements, Contractor may not file any action against the City.
4. A Government Code claim must be filed no earlier than the date the Work is
completed or the date the Contractor last performs Work on the Project,
whichever occurs first. A Government Code claim shall be inclusive of all
unresolved Claims known to Contractor or that should reasonably by known
to Contractor excepting only new unrelated Claims that arise after the
Government Code claim is submitted.
K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the
time periods described in this Article or to otherwise meet the time requirements of
this Article shall result in the Claim being deemed rejected in its entirety, and shall
not constitute a waiver of any rights under this Article.
ARTICLE 10 - MEASUREMENT; PAYMENT
10.1 Cost Breakdown.
A. Lump Sum Work.
1. Contractor shall furnish on forms approved by the City within ten (10) Days of the
Notice to Proceed, a schedule of values allocating the entire Contract Price to the
various portions of the Work and prepared in such a form and supported by such
data to substantiate its accuracy as the Engineer may require. This schedule of
values, unless objected to by the Engineer, shall be used as a basis for reviewing
the Contractor’s applications for payment. Contractor shall submit the schedule of
values prior to submitting its first application for payment, and the City will not issue
any payment until it receives and approves the schedule of values.
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B. Unit Price Work.
1. Where the Contract Documents provide that all or part of the Work is to be Unit
Price Work, initially the Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each separately identified
item of Unit Price Work multiplied by the estimated quantity of each item as
indicated in the Contract. The estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of comparison of Bids and
determining an initial Contract Price. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover Contractor’s overhead
and or profit for each separately identified item.
2. Unless otherwise specified, payment will be based on the actual quantities of Work
as verified and approved by the Engineer, based on the price per unit as set forth
in the Bid.
3. The City or Contractor may initiate a Change Order or Change Order Request to
adjust the Contract Price in accordance with Contractor Documents based on
actual quantities of Unit Price Work. The City or Contractor may make a claim for
an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor
differs by twenty-five percent (25%) or more from the estimated quantity of
such item indicated in the Contract; and
b. there is no corresponding adjustment with respect to any other item
of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit
price as a result of having incurred additional expense or the City believes
that the City is entitled to a decrease in unit price and the parties are unable
to agree as to the amount of any such increase or decrease.
10.2 Progress Estimates and Payment.
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to
Engineer a payment request which shall set forth in detail the value of the Work done
for the period beginning with the date Work was first commenced and ending on the
end of the calendar month for which the payment request is prepared. Contractor
shall include an adjusted list of actual quantities, verified by the Engineer, for unit
price items listed, if any, in the Bid. Contractor shall include any amount earned for
authorized Additional Work. Contractor shall certify under penalty of perjury, that all
cost breakdowns and periodic estimates accurately reflect the Work on the Project.
B. From the total thus computed, a deduction shall be made in the amount of five
percent (5%) for retention, except where the City has adopted a finding that the Work
done under the Contract is substantially complex, and then the amount withheld as
retention shall be the percentage specified in the Notice Inviting Bids. From the
remainder a further deduction may be made in accordance with Section C below.
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The amount computed, less the amount withheld for retention and any amounts
withheld as set forth below, shall be the amount of the Contractor’s payment request.
C. The City may withhold a sufficient amount or amounts of any payment or payments
otherwise due to Contractor, as in its judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against Contractor
or any Subcontractors for labor or materials furnished in and about the
performance of work on the Project under this Contract.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to his Subcontractor or for material
or labor.
4. Completion of the Contract if there is a reasonable doubt that the Work can be
completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the Count for claims against Contractor.
7. Failure of Contractor to keep the Record Drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
D. The City may apply such withheld amount or amounts to payment of such claims or
obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of
this Article, which must be retained or applied in accordance with applicable law. In
so doing, the City shall be deemed the agent of Contractor and any payment so
made by the City shall be considered as a payment made under contract by the City
to Contractor and the City shall not be liable to Contractor for such payments made
in good faith. Such payments may be made without prior judicial determination of
claim or obligations. The City will render Contractor a proper accounting of such
funds disbursed on behalf of Contractor.
E. Upon receipt, the Engineer shall review the payment request to determine whether
it is undisputed and suitable for payment. If the payment request is determined to
be unsuitable for payment, it shall be returned to Contractor as soon as practicable
but not later than seven (7) Days after receipt, accompanied by a document setting
forth in writing the reasons why the payment request is not proper. The City shall
make the progress payment within 30 Days after the receipt of an undisputed and
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properly submitted payment request from Contractor, provided that a release of liens
and claims has been received from the Contractor pursuant to Civil Code section
8132. The number of days available to the City to make a payment without incurring
interest pursuant to this paragraph shall be reduced by the number of Days by which
the Engineer exceeds the seven (7) Day requirement.
F. A payment request shall be considered properly executed if funds are available for
payment of the payment request and payment is not delayed due to an audit inquiry
by the financial officer of the City.
G. The City shall have the right to adjust any estimate of quantity and to subsequently
correct any error made in any estimate for payment.
10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City
a written statement of the final quantities of unit price items for inclusion in the final
payment request. The City shall have the right to adjust any estimate of quantity
and to correct any error made in any estimate for payment.
B. When the Work has been accepted there shall be paid to Contractor a sum equal to
the Contract Price less any amounts previously paid Contractor and less any
amounts withheld by the City from Contractor under the terms of the Contract. The
final five percent (5%), or the percentage specified in the Notice Inviting Bids where
the City has adopted a finding of substantially complete, shall not become due and
payable until as required by Public Contract Code section 7107. If the Contractor
has placed securities with the City as described herein, the Contractor shall be paid
a sum equal to one hundred percent (100%) of the Contract Price less any amounts
due the City under the terms of the Contract.
C. Unless Contractor advises the City in writing prior to acceptance of the final five
percent (5%) or the percentage specified in the Notice Inviting Bids where the City
has adopted a finding of completion, or the return of securities held as described
herein, said acceptance shall operate as a release to the City of all claims and all
liability to Contractor for all things done or furnished in connection with this Work and
for every act of negligence of the City and for all other claims relating to or arising
out of this Work. If Contractor advises the City in writing prior to acceptance of final
payment or return of the securities that there is a dispute regarding the amount due
the Contractor, the City may pay the undisputed amount contingent upon the
Contractor furnishing a release of all undisputed claims against the City with the
disputed claims in stated amounts being specifically excluded by Contractor from the
operation of the release. No payments, however, final or otherwise, shall operate to
release Contractor or its sureties from the Faithful Performance Bond, Labor and
Material Payment Bond, or from any other obligation under this Contract.
D. In case of suspension of the Contract any unpaid balance shall be and become the
sole and absolute property of the City to the extent necessary to repay the City any
excess in the cost of the Work above the Contract Price.
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E. Final payment shall be made no later than 60 Days after the date of acceptance of
the Work by the City or the date of occupation, beneficial use and enjoyment of the
Work by the City including any operation only for testing, start-up or commissioning
accompanied by cessation of labor on the Work, provided that a release of liens and
claims has been received from the Contractor pursuant to Civil Code section 8136.
In the event of a dispute between the City and the Contractor, the City may withhold
from the final payment an amount not to exceed 150% of the disputed amount.
F. Within ten (10) Days from the time that all or any portion of the retention proceeds
are received by Contractor, Contractor shall pay each of its Subcontractors from
whom retention has been withheld each Subcontractor’s share of the retention
received. However, if a retention payment received by Contractor is specifically
designated for a particular Subcontractor, payment of the retention shall be made to
the designated Subcontractor if the payment is consistent with the terms of the
subcontract.
ARTICLE 11 - MISCELLANEOUS
11.1 Patents.
A. Contractor shall hold and save the City, officials, officers, employees, and authorized
volunteers harmless from liability of any nature or kind of claim therefrom including
costs and expenses for or on account of any patented or unpatented invention,
article or appliance manufactured, furnished or used by Contractor in the
performance of this Contract.
11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and
the Contractor shall be subject to examination and audit by the State Auditor General
for a period of three (3) years after final payment.
B. Contractor shall make available to the City any of the Contractor’s other documents
related to the Project immediately upon request of the City.
C. In addition to the State Auditor rights above, the City shall have the right to examine
and audit all books, estimates, records, contracts, documents, bid documents,
subcontracts, and other data of the Contractor (including computations and
projections) related to negotiating, pricing, or performing the modification in order to
evaluate the accuracy and completeness of the cost or pricing data at no additional
cost to the City, for a period of four (4) years after final payment.
11.3 Notice.
A. All notices shall be in writing and either served by personal delivery or mailed to the
other party. Written notice to the Contractor shall be addressed to Contractor’s
principal place of business unless Contractor designates another address in writing
for service of notice. Notice to the City shall be addressed to the City as designated
in the Notice Inviting Bids unless the City designates another address in writing for
service of notice. Notice shall be effective upon receipt or five (5) Days after being
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sent by first class mail, whichever is earlier. Notice given by facsimile shall not be
effective unless acknowledged in writing by the receiving party.
11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor
with timely notification of the receipt of any third-party claims relating to the Contract.
The City is entitled to recover reasonable costs incurred in providing such
notification.
11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’
State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4)
years of the date of the alleged violation. A complaint regarding a latent act or
omission pertaining to structural defects must be filed within ten (10) years of the
date of the alleged violation. Any questions concerning a contractor may be referred
to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento,
California 95826.
11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the
rights or title of interest of any or all of this contract without the prior written consent
of the City. Any assignment or change of Contractor’s name of legal entity without
the written consent of the City shall be void. Any assignment of money due or to
become due under this Contract shall be subject to a prior lien for services rendered
or material supplied for performance of Work called for under the Contract
Documents in favor of all persons, firms, or corporations rendering such services or
supplying such materials to the extent that claims are filed pursuant to the Civil Code,
the Code of Civil Procedure or the Government Code.
11.7 Change In Name And Nature Of Contractor’s Legal Entity.
A. Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken
to have the change reflected on the Contract and all related documents. No change
of Contractor’s name or nature will affect the City’s rights under the Contract,
including but not limited to the bonds.
11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of
City to negotiate, supervise, make, accept, or approve, or to take part in negotiating,
supervising, making, accepting or approving any engineering, inspection,
construction or material supply contract or any subcontract in connection with
construction of the project, shall be or become directly or indirectly interested
financially in the Contract.
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11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any subcontractor, supplier,
or other person or organization performing any part of the Work, this Contract shall
be governed by the law of the State of California excluding any choice of law
provisions.
11.10 Jurisdiction; Venue
A. Contractor and any subcontractor, supplier, or other person or organization
performing any part of the Work agrees that any action or suits at law or in equity
arising out of or related to the bidding, award, or performance of the Work shall be
maintained in the Superior Court of San Bernardino County, California, and
expressly consent to the jurisdiction of said court, regardless of residence or
domicile, and agree that said court shall be a proper venue for any such action.
11.11 Cumulative Remedies.
A. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to the parties hereto are in addition to, and are not to
be construed in any way as a limitation of, any rights and remedies available to any
or all of them which are otherwise imposed or available by Applicable Laws, by
special warranty or guarantee, or by other provisions of the Contract Documents.
The provisions of this Article will be as effective as if repeated specifically in the
Contract Documents in connection with each particular duty, obligation, right, and
remedy to which they apply.
11.12 Survival of Obligations.
A. All representations, indemnifications, warranties, and guarantees made in, required
by, or given in accordance with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive final payment,
completion, and acceptance of the Work or termination or completion of the Contract
or termination of the services of Contractor.
11.13 Headings.
A. Article and paragraph headings are inserted for convenience only and do not
constitute parts of these General Conditions.
11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor
and Subcontractors must conform to the following requirements:
1. In entering into a public works contract or a subcontract to supply goods, services,
or materials pursuant to a public works contract, Contractor or Subcontractor offer
and agree to assign to the awarding body all rights, title, and interest in and to all
causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of
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Division 7 of the Business and Professions Code) arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract.
2. This assignment must be made and become effective at the time the awarding
body tenders to Contractor, without further acknowledgment by the parties.
11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, rules and regulations bearing on conduct of work as indicated and
specified by their terms. References to specific laws, rules or regulations in this
Contract are for reference purposes only, and shall not limit or affect the applicability
of provisions not specifically mentioned. If Contractor observes that drawings and
specifications are at variance therewith, he shall promptly notify City in writing and
any necessary changes shall be adjusted as provided for in this Contract for changes
in Work. If Contractor performs any Work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to City, he shall bear all
costs arising therefrom.
B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act
(“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with
ADA laws, rules and regulations. Contractor shall comply with the Historic Building
Code, including, but not limited to, as it relates to the ADA, whenever applicable.
C. Contractor acknowledges and understands that, pursuant to Public Contract Code
section 20676, sellers of "mined material" must be on an approved list of sellers
published pursuant to Public Resources Code section 2717(b) in order to supply
mined material for this Contract.
D. No City official or representative who is authorized in such capacity and on behalf of
City to negotiate, supervise, make, accept, or approve, or to take part in negotiating,
supervising, making, accepting or approving any engineering, inspection,
construction or material supply contract or any subcontract in connection with
construction of the Work, shall be or become directly or indirectly interested
financially in the Contract.
E. All provisions of law required to be inserted in the Contract or Contract Documents
pursuant to any Applicable Laws shall be and are inserted herein. If through mistake,
neglect, oversight, or otherwise, any such provision is not herein inserted or inserted
in improper form, upon the application of either party, the Contract or Contract
Documents shall be changed by City, at no increase in Contract Price or extension
in Contract Times, so as to strictly comply with the Applicable Laws and without
prejudice to the rights of either party hereunder
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11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be
executed by electronic or digital signature, which shall be considered as an original
signature for all purposes and shall have the same force and effect as an original signature
ARTICLE 12 -– FLEET COMPLIANCE
12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors
comply, with all requirements of the most current version of the California Air Resources
Board (“CARB”) including, without limitation, all applicable terms of Title 13, California
Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for
inspection and copying any and all documents or information associated with Contractor’s
and subcontractors’ fleet including, without limitation, the CRCs, fuel/ref ueling records,
maintenance records, emissions records, and any other information the Contractor is
required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar
days’ notice from the City.
12.3 Contractor shall be solely liable for any and all costs associated with complying with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with
any and all violations, or failures to comply with the Regulation. Contractor shall defend,
indemnify and hold harmless the City, its officials, officers, employees and authorized
volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising
out of any failure or alleged failure to comply with the Regulation.
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00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK
1.1 Location of the Project.
A. Ruben Campos Community Center: 1717 5th Street, San Bernardino, CA 92411
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1.2 Scope of Work.
The Scope of Work consists of removing and replacing AC units on the roof and related
controls/interface, removing and replacing restroom fixtures with ADA compliant fixtures,
new MONDO flooring for the gym area, new ADA compliant double door on the west side
of the building, ADA concrete path of travel for wheelchairs, and related striping, striping
for handicap parking stalls.
ARTICLE 2 -MODIFICATIONS TO THE GENERAL CONDITIONS
2.1 Section 2.12 Mobilization
Paragraph B.8 add the following:
No storage of equipment or materials will be allowed on private property, unless written
permission has been provided to City, or in street right-of-way.
2.2 Section 5.5 Safety
Section 5.5.A states, “Contractor to notify owners of adjacent property and of Underground
Facilities and other utility owners when prosecution of the work may affect them.” The following
requirements will be added to Section 5.5.A. The following list of individuals or entities, which
are known to have facilities in the area to be improved is merely for the Contractor's information
and may or may not be complete or inclusive:
City of San Bernardino (Engineering)------------------------------------(909) 384-5019
Southern California Edison, Ben Murguia-------------------------------(909) 307-6788
Southern California Gas Company, Devry Jennings-------------------(909) 335-7772
San Bernardino Municipal Water Department, Mike Nevarez------(909) 384-5092
Verizon Communications, Control Desk--------------------------------(909) 784-6655
AT&T, Rosemary Hamill--------------------------------------------------(916) 799-4642
Underground Service Alert------------------------------------------------(800) 227-2600
California Department of Transportation-------------------------------(909) 383-6920
2.3 Section 5.10 Water Quality Management and Compliance
Section 5.10 of the General Conditions requirement for SWPPP shall not be required, flow chart
[Const_LUP_Flowchart_DetPrjCov (ca.gov)] finds this project to be exempt, the following
requirements will be added to Section 5.10:
“Water Pollution Control,” of the Standard Specifications, and as amended by these Special
Conditions, shall be considered as included in the lump sum bid item price for “WATER
POLLUTION CONTROL BEST MANAGEMENT PRACTICES (BMP)”, which price shall include
full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all
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work involved to establish, implement, monitor and maintain the BMP’s required by the SWPPP,
and no additional compensation shall be allowed therefore. The Contractor shall be responsible
for payment of any administrative fines that may be imposed on the City due to the Contractor’s
failure to comply with the terms of the applicable permits regulating Water Pollution Control.
Administrative fines, if imposed, will be withheld from the Contractor’s payments.
2.4 Section 5.27 Work Site
Section 5.27 Work Site, shall add the following requirements:
The contractor shall notify all residents and business owners, in writing (both in English and in
Spanish), of his proposed operations and schedule. Notice shall be delivered at least ten (10)
working days prior to start of construction. The contractor shall prepare a letter for this purpose
and submit the letter to the Engineer for approval at least five (5) working days prior to the date
needed for its circulation. The Contractor shall be responsible for reproduction and distribution
of the letters. The time to notify in advance shall be coordinated with the City inspector.
Project sign board shall be in-placed in advance (30 days after Notice to Proceed, NTP) prior to
any start of construction. Check with the City as to how far in advance to have the project
signage to be in-placed. See Attachment.
The Contractor shall follow: Greenbook 2021, Section 302-3.8, pages 317; Greenbook 2021,
Section 302-4.7, page 322, and Greenbook 2021, PART 6 TEMPORARY TRAFFIC CONTROL
SECTION 600-ACCESS, All of Sections 600 and 601, that apply to this project, pages 543 to
550. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in
advance of closing of driveways.
Re-notification will be required if the Contractor’s schedule is altered or other delays occur,
which significantly affects the scheduled work. Then, it shall be at Contractor’s expense.
2.5 Section 5.29 Protection of Work and Property
Add Paragraph H and add the following:
The Contractor shall provide sufficient barricades, delineators and ribbon at each location to
adequately protect the new and fresh concrete surfaces from vandalism and unauthorized
markings. Newly poured and finished concrete areas shall be delineated or cordoned off with
tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the
fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff
marks) in the new sidewalk surfaces are not acceptable, and may be cause for rejection. All
such areas rejected due to such cause shall be removed and replaced at the Contractor’s
expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be
considered as incidental to the cost of the work and no additional compensation will be allowed
therefore.
END OF SPECIAL CONDITIONS
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SPECIFICATIONS
Article I. CONSTRUCTION BID ITEMS
Each respective bid item and bid schedule as shown on the proposal form shall comply with
all respective sections of the most current edition of Standard Specifications for Public
Works Construction (Green Book), its supplements, and any other publications as specified.
If there is a conflict between these inclusions and the Standard Specifications, these inclusions
shall have precedence.
BID ITEM 1: MOBILIZATION
This bid item shall conform to the provisions in Section 9-3.4, “Mobilization”, of the
Standard Specifications of Public Works Construction, 2021 edition, and these special
provisions.
Mobilization may include, but not be limited to, the following principal items:
1. Submittal and modification, as required, of the Construction Schedule.
2. Providing a Project Office (if needed)
3. Review of the Site.
4. Obtaining all required Transportation Permits.
5. Submittal of all required insurance certificates and bonds as required by
these Specifications.
6. Moving onto the site, including, but not limited to:
A. Equipment
B. Arranging for and erection of Contractor’s work and storage areas.
7. Installing construction fencing and temporary construction power and wiring.
Providing a minimum of one restroom facility for each twenty-five (25)
workers occupying the site. Facilities may include existing functioning restrooms,
or portable chemical facilities, or any combination thereof, and shall count as one
for each urinal or one for each water closet (as required).
9. Installing all temporary utilities (as required).
10. Establishing required fire protection provisions – If applicable.
11. Posting all OSHA required notices and establishment of safety programs.
12. Posting of all Department of Labor notices.
13. Having the Contractor’s superintendent at the job site full-time and responding
24 hours per day.
14. Air and water quality protective measures, as necessary, and without limitation.
15. Potholing and other research and review as necessary to verify site conditions and
utility locations.
16. Demobilization of the Site.
17. Any other item as specified.
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The cost of bonds, insurance, move in and move out costs, preparation and submission
of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall
be Included in the Bid Item provided for mobilization and demobilization and incidental project
costs as a Lump Sum item, for which 75 percent (75%) will be eligible for inclusion in the first
progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100
percent (100%) of the work has been completed and if progress of the work is satisfactory.
No work shall be started without prior approval of the submittals. Failure to comply with the
preceding requirement will be sufficient ground for the Engineer to stop all work on the project
until the requirements are met.
Measurement and Payment for this bid item, “MOBILIZATION,” shall be paid per Lump Sum (LS)
and shall be considered as full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved in Mobilization per project plans and specifications;
no additional compensation will be allowed.
BID ITEM 2: REMOVE OF EXISTING FIXTURES (TOILETS, SINKS, URINALS) IN MEN'S
AND WOMEN'S RESTROOMS.
This bid item includes removal of existing restroom fixtures (toilets, sinks, urinals) in the
restrooms shown on the plan.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals for doing all work involved including removal
of the above-mentioned fixtures. No additional compensation shall be allowed. All work be paid
by the contract unit price paid per EACH (EA) and shall be full and final compensation.
BID ITEM 3: REMOVE EXISTING FLOORING IN THE GYM AREA. (SEE HATCH AREA ON
PLAN); REMOVE ANY ADHESIVES; REPAIR FLOOR SUCH AS GRINDING AND
LEVELING.
This bid item includes removal of existing flooring in the GYM area shown in hatch pattern on
the plan and removing any adhesives and repair floor such as grinding and leveling.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals for doing all work involved including removal
of the existing flooring. No additional compensation shall be allowed. All work be paid by the
contract unit price paid per Square Feet (SF) and shall be full and final compensation.
BID ITEM 4: PERFORM MOISTURE TEST FOR THE FLOOR
This bid item includes performing moisture test on the floor for the area that will receive
MONDO flooring.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals for doing all work involved including removal
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of the existing flooring. No additional compensation shall be allowed. All work be paid by the
contract unit price paid per Lump Sum (LS) and shall be full and final compensation.
BID ITEM 5: REMOVE EXISTING AC CONDENSERS (5 TON) INCLUDING DISCONNECT
BOXES FROM THE ROOF (SEE ATTACHED PICTURES); CAP/PLUG ANY OPEN LINES;
COVER OPEN AREA OF THE ROOF TO PREVENT RAIN ENTERING THE BUILDING UNTIL
THE NEW AC UNITS ARE INSTALLEDREMOVE EXISTING AC UNITS FROM ROOF.
This bid item includes removal of existing AC units from the roof and disposal of the units;
Cap/plug any open lines and cover the roof opening until the installation of the new AC units, to
prevent rain or other materials from getting inside the building.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment,
and incidentals for doing all work involved in removal and disposal of the existing AC units. No
additional compensation shall be allowed. All work be paid by the contract unit price paid per
Each (EA) and shall be full and final compensation.
BID ITEM 6 - REMOVE THE RELATED FAN COILS FROM THE ATTIC
This bid item includes removal of existing fan coils from the attic and disposal of them.
Measurement and Payment for this bid item shall include full compensation for furnishing all labor,
materials, tools, equipment, and incidentals for doing all work involved in removal and disposal of
the existing AC units. No additional compensation shall be allowed. All work be paid by the
contract unit price paid per Each (EA) and shall be full and final compensation.
BID ITEM 7: REMOVE EXISTING ASPHALT WALKWAY, AND ADA ASPHALT PATH OF
TRAVEL PER PLANS.
This bid item includes removal of existing asphalt at the west side of the building, and ADA path
of travel leading to handicap parking stalls.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment,
and incidentals for doing all work involved including removal, construction, trench and
surface restoration and no additional compensation shall be allowed. All work be paid
by the contract unit price paid per Square Feet (SF) and shall be full and final
compensation.
BID ITEM 8: REMOVE EXISTING PCC PAD/ WALKWAY AT WEST ENTRANCE OF THE
BUILDING PER PLANS.
This bid item includes removal of existing concrete walkway at the west entrance of the building.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment,
and incidentals for doing all work involved including removal, construction, trench and
surface restoration and no additional compensation shall be allowed. All work be paid
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by the contract unit price paid per Square Feet (SF) and shall be full and final
compensation.
BID ITEM 9: REMOVE/CUT 4 FEET OF EXISTING FENCE AND CURB TO ALLOW FOR ADA
PATH OF TRAVEL.
This bid item includes removal of existing fence and concrete curb to allow construction of ADA
path.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment,
and incidentals for doing all work involved including removal, construction, trench and
surface restoration and no additional compensation shall be allowed. All work be paid
by the contract unit price paid per Linear Feet (LF) and shall be full and final
compensation.
BID ITEM 10 - REMOVE EXISTING DRINKING WATER FOUNTAIN AND CAP WATER LINE
This bid item includes removal of existing drinking water fountain that is opposite from the main
entrance to the building (south side of the building), and to cap water line.
Measurement and Payment for this bid item shall include full compensation for all labor,
materials, tools, equipment, and incidentals for doing all work involved including removal,
construction, trench and surface restoration and no additional compensation shall be allowed.
All work be paid
by the contract unit price paid per Each (EA) and shall be full and final compensation.
BID ITEM 11: FURNISH AND INSTALL ADA COMPLIANT RESTROOM FIXTURES
(TOILETS, SINKS, URINALS), AND GRAB HANDLES (WHERE REQUIRED)
This bid item includes installation new ADA compliant restroom fixtures (toilets, sinks, urinals) in
the men’s and women’s restrooms shown on the plan.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment,
and incidentals for doing all work involved in the installation of the above mentioned fixtures. No
additional compensation shall be allowed. All work be paid by the contract unit price paid per
EACH (EA) and shall be full and final compensation.
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BID ITEM 12: FURNISH PAINT; PATCH AND PAINT RESTROOM WALLS WHERE NEEDED
(MEN'S AND WOMEN'S RESTROOMS); SUBMIT TYPE OF PAINT FOR APPROVAL BY THE
CITY
This bid item includes furnishing paint and patching and painting of restroom walls.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and
painting of the above mentioned walls. No additional compensation shall be allowed. All work be
paid by the contract unit price paid per Lump Sum (LS) and shall be full and final
compensation.
BID ITEM 13: FURNISH AND INSTALL NEW MONDO FLOORING INCLUDING PREPARING
THE FLOOR UNDERNEATH IT.
This bid item includes installation of MONDO flooring in the GYM area shown in hatch pattern
on the plan. The floor should be prepared per requirements of the flooring manufacturer prior to
installing the MONDO flooring.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment,
and incidentals for doing all work involved in installation of the new flooring. No additional
compensation shall be allowed. All work be paid by the contract unit price paid per Square Feet
(SF) and shall be full and final compensation.
BID ITEM 14: INSTALL NEW AC CONDENSER UNITS ON THE ROOF, INCLUDING
SUPPORTING EQUIPMENT. CONDENSER UNITS ARE PROVIDED BY THE CITY OF SAN
BERNARDINO (MAINTENANCE)
This bid item includes installing new condenser units provided by the City.
Measurement and Payment for this bid item shall include full compensation for installation
including all labor, materials, tools, equipment, and incidentals for doing all work involved in the
installation of the new units. No additional compensation shall be allowed. All work be paid by the
contract unit price paid per Each (EA) and shall be full and final compensation.
BID ITEM 15 - FURNISH AND INSTALL NEW FAN COILS IN THE ATTIC.
This bid item includes furnishing and installing new fan coils in the attic. Match to existing
controls/system.
Measurement and Payment for this bid item shall include full compensation for furnishing and
installation including all labor, materials, tools, equipment, and incidentals for doing all work
involved in the installation of the new units. No additional compensation shall be allowed. All work
be paid by the contract unit price paid per Each (EA) and shall be full and final compensation.
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BID ITEM 16: CONSTRUCT 4” THICK PCC WALKWAY (ADA PATH), INCLUDING 95%
SUBGRADE COMPACTION PER PLAN AND SPECIFICATIONS.
This bid item shall comply with Section 201-1, "Portland Cement Concrete", and Section
303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access
Ramps and Driveways", of the Standard Specifications, as shown on the Plans, CITY
Standard Drawings, these Special Provisions, and as directed by the Engineer.
Portland cement concrete shall be Class 560-C-3250, with a maximum slump of four ( 4)
inches.
Portland cement concrete walkway shall be constructed in accordance with the ADA
requirements with no more that 5% running slope and no mere than 2% cross-slope.
Measurement and Payment for this bid item shall be paid per Square Feet (SF) and shall be
considered as
full compensation for furnishing all labor, materials, tools, equipment, incidentals,
grading, compacting, framing, fill material, backfilling and doing all work involved in
constructing PCC Sidewalk per project plans standard plan and theses specifications; no
additional compensation will be allowed.
BID ITEM 17: FURNISH AND INSTALL NEW FENCE- POST TO SUPPORT THE FENCE
This bid item includes installing a new fence post at the location where the fence was cut to
make room for the ADA path.
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and
painting of the above mentioned damaged walls. No additional compensation shall be allowed.
All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final
compensation.
BID ITEM 18: PATCH/ REPAIR CURB/ GATE-POST BASE (SEE ATTACHED PICTURE)
Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and
painting of the above mentioned damaged walls. No additional compensation shall be allowed.
All work be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final
compensation.
BID ITEM 19: REMOVE EXISTING DOUBLE DOORS ON THE SOUTH AND WEST SIDE OF
THE BUILDING, AND INSTALL NEW ADA COMPLIANT DOUBLE DOORS, WITH PANEL
BARS AND DOOR CLOSURES, INCLUDING DOORBELL & WIRING. SUBMIT DOOR DATA
SHEETS TO THE CITY FOR APPROVAL. DOORS TO BE VANDAL PROOF.
This bid item includes removing the existing double doors and installing new ones as described
above in bid item 18. See attached picture of the existing door. Doors to be vandal proof.
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Measurement and Payment for this bid item shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals for doing all work involved in the patching and
painting of the above mentioned damaged walls. No additional compensation shall be allowed.
All work be paid by the contract unit price paid per Each (EA) and shall be full and final
compensation.
BID ITEM 20: APPLY 4” WIDE THERMOPLASTIC REFLECTIVE WHITE STRIPING, AND
BLUE BORDERS FOR HANDICAP PATH PER 2023 CALTRANS STANDARD A90A PER
SPECIFICATION AND PROJECT PLANS.
This bid item includes ADA path striping on the concrete path from the handicap parking area
on the parking lot to the west entrance of the building as shown on plan.
Measurement and Payment for this bid item shall include full compensation for furnishing all labor,
materials, tools, equipment, and incidentals for doing all work involved in the patching and painting
of the above mentioned damaged walls. No additional compensation shall be allowed. All work
be paid by the contract unit price paid per Lump Sum (LS) and shall be full and final
compensation.
BID ITEM 21 - CONSTRUCTION 4’ X 8’ PROJECT SIGN:
Work specified in this section includes providing all materials and performing all
operations to fabricate, install, modify and/or relocate Project Information Sign, and as
specified in these Special Provisions. Submit a shop drawing for all sign panels, a nd the
Manufacturer's data for the Sign Panels.
MATERIALS
A. Project Information Signs shall be constructed per Caltrans specifications for
Plywood single sheet and laminated panel signs.
B. Color of signs, panels and lettering shall be as indicated on the drawing in these
specifications.
C. Sign Posts shall be constructed of wood and shall conform to the provisions of
section 56-2.02B, Caltrans.
D. Mounting Hardware shall be furnished by the Contractor and shall conform to the
provisions of section 56-2.02D, Caltrans.
INSTALLATION
For this contract, one (1) Project Information Sign shall be installed, relocated or
modified for each location as directed by the City Engineer and shall conform to
the provisions of sections 56-2.03, and 56-2.04, Caltrans.
Measurement and Payment
Packet Page 001320
IMPROVEMENTS AT RUBEN CAMPOS
COMMUNITY CENTER
106 PLANS AND DRAWINGS
The contract bid price paid to fabricate and install the signs including all ancillary
work be paid by the contract unit price paid per each sign (EA) and shall include
full compensation for providing all materials including post, digging the foundations
for the post, and restoring the area around the post during the duration of the
project. And restoring of the surrounding area after removal of the si gn. This will
also include the removal of the signs and posts.
BID ITEM 22 – FURNISH PAINT, AND PAINT MEN’S AND WOMEN’S RESTROOM
FLOORS WITH EPOXY PAINT.
This bid item includes furnishing epoxy paint and painting the men’s and women’s restrooms
floors. Submit paint data sheets to City for approval.
Measurement and Payment for this bid item shall include full compensation for furnishing all labor,
materials, tools, equipment, and incidentals for doing all work involved in the painting of the above
mentioned area floors. No additional compensation shall be allowed. All work be paid by the
contract unit price paid per Lump Sum (LS) and shall be full and final compensation.
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IMPROVEMENTS AT RUBEN CAMPOS
COMMUNITY CENTER
107 PLANS AND DRAWINGS
PLANS AND DRAWINGS
"THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY
REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
1. STANDARD PLANS FOR PUBLIC WORK CONSTRUCTION (LATEST EDITION)
2. CALTRANS STANDARD PLANS (LATEST EDITION)
3. RUBEN CAMPOS COMMUNITY CENTER, DRAWING NO. 13638
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IMPROVEMENTS AT RUBEN CAMPOS
COMMUNITY CENTER
108 PROJECT SIGN
PROJECT SIGN
CITY OF SAN BERNARDINO
Building a Better San Bernardino
IMPROVEMENTS AT
RUBEN CAMPOS Community Center
PROJECT No. GB 25-007
Estimated Completion: Spring/Summer 2025
Funding Provided By: Community Development Block
Grant
Council Ward: 1
Helen Tran, Mayor
Rochelle Clayton, City Manager
Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred
Shorett, Kimberly Knaus, Mario Flores, Treasure Ortiz
For more information, please call the Engineering Department (909) 384-5019
Packet Page 001323
IMPROVEMENTS AT RUBEN CAMPOS
COMMUNITY CENTER
109 PROJECT SIGN
Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full
color logo.
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IMPROVEMENTS AT RUBEN CAMPOS
COMMUNITY CENTER
110 FEDERAL FORMS AND OTHER REQUIREMENTS
BUSINESS LICENSE
Packet Page 001325
IMPROVEMENTS AT RUBEN CAMPOS
COMMUNITY CENTER
111 FEDERAL FORMS AND OTHER REQUIREMENTS
FEDERAL FORMS AND OTHER REQUIREMENTS
Packet Page 001326
HUD Packet Attachments
Federal Requirements
1.Federal Labor Standards Provisions (HUD - 4010)
2.Compliance Requirements & Applicable Wage Decision
3.Report of Additional Classification and Rate**
4.Equal Employment Opportunity Clause
5.Clean Air and Water Acts
6.Labor Codes Section 1771 – 1815
7.Certification of Understanding and Authorization
8.Equal Employment Opportunity Commitment*
9.Bidders Questionnaire*
10.Non-Segregated Facilities Certification*
11.Past Performance Certification*
12.Federal Lobbyist Certification*
13.Worker's Compensation Certification*
14.List of Proposed Sub Contractors*
15.Declaration of Intent with Section 3*
16.Section 3 Business Concern Certification*
17.Notice of Section 3 Commitment*
18.Section 3 Income Certifications
(Required for all Section 3 Workers and Targeted Section 3 Workers)
19.Qualitative Efforts for Contractors Form
20.Section 3 Economic Opportunity Report
(Due after project completion)
21.Build America Buy America (BABA) Requirements & Certification Form*
22.24 CFR Part 75 Economic Opportunities for Low- and Very Low-Income Persons
* Must Submit Form with Bid
** Must Submit Form with Bid If Needed
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form HUD-4010 (07/2021)
ref. Handbook 1344.1 Previous editions are obsolete Page 1 of 5
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Davis-Bacon and Labor Standards
A.APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States
of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions
applicable to such Federal assistance.
(1)MINIMUM WAGES
(i)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at
rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and
made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor
and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits
under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set
forth the time spent in each classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH1321))
shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and
accessible place, where it can be easily seen by the workers.
(ii)Additional Classifications.
(A)Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the wage determination. HUD shall approve an
additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1)The work to be performed by the classification requested is not performed by a classification in the wage
determination;
(2)The classification is utilized in the area by the construction industry; and
(3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B)If the contractor, the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its
designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt
and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235 -0023.)
(C)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
or HUD or its designee do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the
views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number
1235-0023.)
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(D)The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C)
of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the
first day on which work is performed in the classification.
(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the
Office of Management and Budget under OMB Control Number 1235-0023.)
(2)Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the
U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the
wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such
amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are
due. The Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts.
(3)Payrolls and basic records.
(i)Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during
the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security number of each such worker, his
or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act),
daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management
and Budget under OMB Control Numbers 1235-0023 and 1215-0018)
(ii)Certified Payroll Reports.
(A)The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls
to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor
will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its
designee. The payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors.
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Contractors and subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if
the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the
case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It
is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own records, without weekly submission to HUD or its
designee. (Approved by the Office of Management and Budget under OMB Control Number 1235 -0008.)
(B)Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract
and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(2)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in 29 CFR Part 3;
(3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract; and
(C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph
(a)(3)(ii)(b).
(D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(iii)The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection,
copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and
shall permit such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4)Apprentices and Trainees.
(i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer
and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or
her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment
as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,
any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or
subcontractor’s registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
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If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will
no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ii)Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate
for the work performed, unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed.
In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii)Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be
in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29
CFR Part 30.
(5)Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which
are incorporated by reference in this Contract.
(6)Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1)
through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require,
and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in this paragraph.
(7)Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the
contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8)Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract.
(9)Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be
subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of Eligibility.
(i)By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an
interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
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(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or
certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment
(e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802.
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor
standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the
contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under
this Contract to his employer.
B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this
paragraph, the terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require
or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek
in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in
excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum of $27 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In
accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the Department of
Labor adjusts this civil monetary penalty for inflation no later than January 15 each year.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written
request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other
Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the
clause set forth in subparagraph B(2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1)
through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.
C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards
promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law
91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on
each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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Compliance Requirements
This construcƟon project is funded in whole or in part with Federal Community Development
Block Grant funds. Federal Labor Standards Provisions, including prevailing wage requirements of
the Davis-Bacon and Related Acts, will be enforced. Whenever a discrepancy between Federal
RegulaƟons and State Law is idenƟfied, the more stringent of the two shall prevail.
All work classificaƟons reported on a weekly cerƟfied payroll reports must conform with the
appropriate work classificaƟon listed on the Wage Decision. (If both Federal and State Wage rates
are applicable, then the higher of the two shall prevail.)
Wage Decision: CA20210026 ModificaƟon No. 13 Dated 10/18/2024
The awarding agency is required to provide a copy of the applicable Wage Decision and the
Federal Labor Standards Provisions by aƩaching both to the prime contractor's construcƟon
contract.
The prime contractor is responsible for ensuring that each sub-contractor and sub-Ɵer contractor
receives a copy of the Wage Decision. Each contractor, sub-contractor, and sub-Ɵer contractor is
responsible for reviewing the Wage Decision in advance to ensure that each work classificaƟon
to be used in the performance of this project is listed on the Wage Decision.
Work ClassificaƟons or Wage Rates for any work performed on the project that do not conform
to the Work ClassificaƟons listed in the applicable Wage Decision must be approved in advance
by the Department of Housing and Urban Development (HUD).
Contractor, and any sub-recipient, must agree and comply with the following provisions:
1. Suspension of Contract
If at any Ɵme in the opinion of the City, the Contractor has failed to supply an adequate
working force, or material of proper quality, or has failed in any other respect to prosecute
the work with diligence and force as specified and intended in and by the terms of the
contract, noƟce thereof in wriƟng will be served upon him. Should the contractor neglect
or refuse to provide means for a saƟsfactory compliance with the contract, as directed by
the City, within the Ɵme specified in such noƟce, the City in any such case shall have the
power to suspend the operaƟon of the contract. Upon receiving noƟce of such
suspension, the Contractor shall disconƟnue said work or such parts of it as the City may
designate. Upon such suspension, the Contractor's control shall terminate and thereupon
the City Council or its duly-authorized representaƟve may take possession of all or any
part of the Contractor's materials, tools, equipment, and appliances upon the premises
and use the same for the purpose of compleƟng said contract and hire equipment and
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such addiƟonal materials and supplies at the contractor's expense as may be necessary
for the proper conduct of the work and for compleƟon thereof. The City may employ other
parƟes to carry the contract to compleƟon, employ the necessary workmen, subsƟtute
other machinery or materials, and purchase the materials contracted for, in such manner
as the City may deem proper; or the City may annul and cancel the contract and complete
the work or any part thereof.
2. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(A) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or naƟonal origin. The contractor will
take affirmaƟve acƟon to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or naƟonal
origin. Such acƟon shall include, but not be limited to, the following: Employment,
upgrading, demoƟon, or transfer, recruitment or recruitment adverƟsing, layoff or
terminaƟon, rates of pay or other forms of compensaƟon,. and selecƟon for training,
including apprenƟceship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, noƟces to be provided by the contracƟng
officer seƫng forth the provisions of this nondiscriminaƟon clause.
(B) The contractor will, in all solicitaƟons or adverƟsements for employees placed by or
on behalf of the contractor, state that ail qualified applicants Will receive consideraƟon
for employment without regard to race, color, religion, sex, or naƟonal origin.
(C) The contractor will send to each labor union or representaƟve of workers with which
he has a collecƟve bargaining agreement or other contract or understanding, a noƟce to
be provided by the contract Compliance Officer advising the said labor union or workers'
representaƟves of the contractor's commitment under this secƟon and shall post copies
of the noƟce in conspicuous places available to employees and applicants for
employment.
(D) The contractor will comply with all provisions of ExecuƟve Order 11246 of September
24, 1965, and as amended, and of the rules, regulaƟons, and relevant orders of the
Secretary of Labor.
(E) The contractor will furnish all informaƟon and reports required by ExecuƟve Order
11246 of September 24, 1965, and by the rules, regulaƟons, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the Department and the Secretary of Labor for purposes of invesƟgaƟon to ascertain
compliance with such rules, regulaƟons, and orders.
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(F) In the event of the contractor's noncompliance with the non-discriminaƟon clauses of
this contract or with any of such rules, regulaƟons, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further government contracts or Federally assisted construcƟon
contract procedures authorized in ExecuƟve Order 11246 of September 24, 1965, or by
rule, regulaƟon, or order of the Secretary of Labor, or as otherwise provided by law.
(G) The contractor will include the porƟon of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or
purchase order unless exempted by rules, regulaƟons, or orders of the Secretary of Labor
issued pursuant to secƟon 204 of ExecuƟve Order 11246 of September 25, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such acƟon with respect to any subcontract or purchase order as the Department
may direct as a means of enforcing such provisions, including sancƟons for
noncompliance: provided, however, that in the event a contractor becomes involved in,
or is threatened with, liƟgaƟon with a subcontractor or vendor as a result of such direcƟon
by the Department, the contractor may request the United Sates to enter into such
liƟgaƟon to protect the interest of the United States.
3. Compliance with Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in the Federal Labor Standards Provisions Contract.
4. Compliance with Davis-Bacon and Related Act Requirements
All rulings and interpretaƟons of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, and 5 are incorporated in reference by the Federal Labor Standards Provisions
Contract.
(A) The payroll for the payroll period contains the informaƟon required to be maintained
under 29 CFR 5.5(a)(3)(7) and that such informaƟon is correct and complete.
(B) Each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classificaƟon of work performed, as specified
in the applicable wage determinaƟon incorporated into the contract.
(C) Each laborer or mechanic {including each helper, apprenƟce, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned
without rebate, either directly or indirectly, and that no deducƟons have been made
either directly or indirectly from the full wages earned, other than permissible deducƟons
as set forth in 29 CFR Part 3.
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5. Compliance with Contract Work Hours and Safety Standards Act
(A) As used in this paragraph, the terms "laborers" and "mechanics" include watchmen
and guards.
(1) OverƟme Requirements. No contractor or subcontractor contracƟng for any
part of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensaƟon
at a rate not less than one and one-half Ɵmes the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) ViolaƟon; liability for unpaid wages; liquidated damages. In the event of any
violaƟon of the clause set forth in subparagraph (1) of this paragraph, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addiƟon, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violaƟon of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar
day on which such individual was required or permiƩed to work in excess of the
standard workweek of forty hours without payment of the overƟme wages
required by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee
shall upon its own acƟon or upon wriƩen request of an authorized representaƟve
of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contract, or
any other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor such sums as
may be determined to be necessary to saƟsfy any liabiliƟes of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in subparagraph (2) of this paragraph.
4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clauses set forth in subparagraph ( 1) through ( 4) of this paragraph and also a
clause requiring the subcontractors to include these clauses in any lower Ɵer
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subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower Ɵer subcontractor with the clauses set forth in
subparagraphs (1) through (4) of this paragraph.
(B) Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under
working condiƟons which are unsanitary, hazardous, or dangerous to his health
and safety as determined under construcƟon safety and health standards
promulgated by the Secretary of labor by regulaƟon.
(2) The Contractor shall comply with all regulaƟons issued by the Secretary of
Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply
may result in imposiƟon of sancƟons pursuant to the Contract Work Hours and
Safety Standards Act (Public Law 91-54, 83 Stat. 96).
(3) The contractor shall include the provisions of this ArƟcle in every subcontract
so that such provisions will be binding on each subcontractor. The Contractor shall
take such acƟon with respect to any subcontract as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a means of enforcing
such provisions.
6. Compliance with Payroll Requirements
i. (A) The contractor shall submit weekly for each week in which any contract work
is performed a copy of all payrolls to HUD or its designee if the agency is a party
to the contract, but if the agency is not such a party, the contractor will submit the
payrolls to the applicant, sponsor, or owner, as the case may be, for transmission
to HUD or its designee. The payrolls submiƩed shall set out accurately and
completely all of the informaƟon required to be maintained under 29 CFR Part
5.5(a)(3)(i). This informaƟon may be submiƩed in any form desired. OpƟonal Form
WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government PrinƟng Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under 0MB Control Number
1215-0149).
B. Each payroll submiƩed shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or
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supervises the payment of the persons employed under the contract and shall
cerƟfy the following:
(1) That the payroll for the payroll period contains the informaƟon required to
be maintained under 29 CFR Part 5.5(a)(3)(i) and that such informaƟon is
correct and complete;
(2) That each laborer or mechanic (including each helper, apprenƟce, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deducƟons have been made either directly or indirectly from the full wages
earned, other than permissible deducƟons as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classificaƟon of work
performed, as specified in the applicable wage determinaƟon incorporated
into the contract.
C. The weekly submission of a properly executed cerƟficaƟon set forth on the
reverse side of OpƟonal Form WH-347 shall saƟsfy the requirement for submission
of the "Statement of Compliance" required by paragraph A.3(ii)(b) of this secƟon.
D. The falsificaƟon of any of the above cerƟficaƟons may subject the contractor or
subcontractor to civil or criminal prosecuƟon under SecƟon 1001 of Title 18 and
SecƟon 231 of Title 31 of the United States Code.
ii. The contractor or subcontractor shall make the records required under paragraph
A.3.(i) of this secƟon available for inspecƟon, copying, or transcripƟon by
authorized representaƟves of HUD or its designee or the Department of Labor, and
shall permit such representaƟves to interview employees during working hours on
the job. If the contractor or subcontractor fails to submit the required records or
to make them available, HUD or its designee may, aŌer wriƩen noƟce to the
contractor, sponsor, applicant, or owner, take such acƟon as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment acƟon pursuant to 29 CFR Part
5.12.
7. Patents and RoyalƟes
(A) The Contractor shall provide and pay for all licenses and royalƟes necessary for the
legal use and operaƟon of any of the equipment or specialƟes used in the work.
CerƟficates showing the payment of any such licenses or royalƟes, and permits for the use
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of any patented or copyrighted devices shall be secured and paid for by the Contractor
and delivered to the City on compleƟon of the work, if required.
(B) The Contractor shall assume all responsibility for the use of apparatus or devices
covered by patents or copyrights shall defend any suits brought against the Owner, City
and HUD based upon claimed infringements of any such patents or copyrights, and shall
hold the Owner, City and HUD free from claims for damages incident to their use.
8. Compliance with requirements and regulaƟons pertaining to copyrights and rights of data
(use only when applicable).
9. Access to Records
(A) Contractor assures that all contracts and subcontracts for work on the project shall
require him and all subcontractors to make such books, records, documents and other
evidence available to the City or its authorized agents during the course of construcƟon
and for final audit, if requested, and to provide suitable faciliƟes for access, inspecƟon and
copying thereof
(B) For any federally funded project the Owner, the City, Federal Granter Agency (HUD),
the controller General of the United States or any of their duly authorized representaƟves
shall have access to any books, documents, papers and records of the Contractor which
are directly perƟnent to a specific grant program for the purpose of making audit,
examinaƟon, excerpts, and transcripƟons. Said books, documents, papers, and records
are to be kept, maintained and available for a period of three years aŌer project
compleƟon or unƟl aŌer all project audit findings have been resolved, whichever comes
last.
(C) All construcƟon contractors/subcontractors with contracts in excess of $10,000 must
file form CC-257, Monthly Employment UƟlizaƟon Report, with the U.S. Department of
Labor. Copies of these reports are to be submiƩed to the City.
10. Compliance with SecƟon 306 of the Clean Air Act
(A) The contractor sƟpulates that any facility to be uƟlized in the performance of this
contract, unless such contract is exempt under the Clean Air Act, as amended (42 U. S.C.
1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water PolluƟon
Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), ExecuƟve
Order 11738, and regulaƟons in implementaƟon thereof (40 C.F.R., Part 15, is not listed,
on the date of contract award, on the U.S. Environmental ProtecƟon Agency (EPA) List of
ViolaƟng FaciliƟes pursuant to 40 C.F.R. 15.20.
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(B) The contractor agrees to comply with all the requirements of SecƟon 114 of the Clean
Air Act and SecƟon 308 of the Federal Water PolluƟon Control Act and all regulaƟons and
guidelines listed thereunder.
(C) The contractor shall promptly noƟfy the State Highway Department of the receipt of
any communicaƟon from the Director, Office of Federal AcƟviƟes, EPA, indicaƟng that a
facility to be uƟlized for the contract is under consideraƟon to be listed on the EPA List of
ViolaƟng FaciliƟes.
(D) The contractor agrees to include or cause to be included the requirements of
subparagraphs A through D of this paragraph 12 in every non-exempt subcontract, and
further agrees to take such acƟon as the Government may direct as a means of enforcing
such requirements. (Applicable to contracts and subcontracts which exceed $100,000).
11. Lead-Based Paint
The construcƟon or rehabilitaƟon of residenƟal structures with Community Development
Block Grant Funds is subject to the provisions of the HUD Lead Based Paint RegulaƟons,
24 CFR Part 35, Public Law 102-550 - the ResidenƟal Lead-Based Paint Hazard ReducƟon
Act of 1992, and all other applicable regulaƟons. ResidenƟal construcƟon or rehabilitaƟon
acƟvity is subject to the provisions requiring the eliminaƟon of lead-based paint hazards
under subpart B of 24 CFR Part 35. Contractor shall ensure that all affected work is
performed in a complying manner, and that all inspecƟons, cerƟficaƟons and clearances
are properly performed.
12. Federal Labor Standards Provisions
Except with respect to the rehabilitaƟon of residenƟal property designed for residenƟal
use for less than eight families, all contractors engaged under contracts in excess of $2,000
for the construcƟon, prosecuƟon, compleƟon or repair of any building or work financed
in whole or part with assistance provided with Community Development Block Grant
funds, shall comply with HUD requirements pertaining to such contracts, and the
applicable requirements of the Department of Labor under 29 CFR Parts 3, 5 and 5a,
governing the payment of wages and the raƟo of apprenƟces and trainees to journeymen:
provided that if wage rates higher than those required under such regulaƟons are
imposed by state or local law, nothing hereunder is intended to relieve the contractor of
its obligaƟon to require payment of the higher rates. 15. Interest of Officers, Local
Governing Body, and Other Public Officials No member, officer or employee of the City of
Ontario or its designees or agents, no member of the governing body of the City of
Ontario, and no other public official of such locality or localiƟes who exercises any
funcƟons or responsibiliƟes with respect to the CDBG program during their tenure or for
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one year thereaŌer, shall have any interest, direct or indirect, in any contract or
subcontract or the proceeds thereof, for work to be performed in connecƟon with the
program assisted under
13. Compliance with the Energy Policy and ConservaƟon Act
The contractor agrees to meet mandatory standards and policies relaƟng to energy
efficiency, which are contained in the State Energy ConservaƟon Plan. (Use only when
applicable)
Name of Contractor Firm Name of Contractor Firm
Name Name
Title Title
Signature Signature
Date Date
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REPORT OF ADDITIONAL CLASSIFICATION AND RATE
HUD FORM 4230A
OMB Approval Number 2501-0011
(Exp. 8/31/2022)
1.FROM (name and address of requesting agency) 2.PROJECT NAME AND NUMBER
3.LOCATION OF PROJECT (City, County and State)
4.BRIEF DESCRIPTION OF PROJECT 5.CHARACTER OF CONSTRUCTION
Building Residential
Heavy Other (specify)
Highway
6.WAGE DECISION NO. (include modification number, if any)
COPY ATTACHED
DATE of WAGE DECISION: 7.WAGE DECISION EFFECTIVE
DATE (LOCK-IN):
8. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
9.PRIME CONTRACTOR (name, address)9a.
Agree
Disagree
10.SUBCONTRACTOR/EMPLOYER, IF APPLICABLE
(name, address)
9b. SIGNATURE DATE
Check All That Apply:
The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
The proposed classification is utilized in the area by the construction industry.
The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in
the wage decision.
The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
Supporting documentation attached, including applicable wage decision.
Check One:
Approved, meets all criteria. DOL confirmation requested.
One or more classifications fail to meet all criteria. DOL decision requested.
Agency Representative
(Typed name and signature)
Date
Phone Number
FOR HUD USE ONLY
LR2000:
Log in:
Log out:
HUD-4230A (8-19) PREVIOUS EDITION IS OBSOLETE
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EQUAL EMPLOYMENT OPPORTUNITY CLAUSE.
During the performance of this contract, the contractor agrees as follows:
a.The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
b.The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
c.The contractor will send to each labor union or representative of workers with which he/she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided, advising the said labor union or workers’ representative of the contractor’s
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
d.The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e.The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his/her books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
f.In the event of the contractor’s noncompliance with the nondiscrimination clause of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole, or in part, and the contractor may be declared
ineligible for further government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g.The contractor will include the provisions of Paragraph 1a through 1g in every subcontract
or purchase order unless exempted by rule, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the contractor may request the United States
to enter into such litigation to protect the interests of the United States.
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EQUAL EMPLOYMENT SPECIFICATIONS
(Executive Order 11246).
a.As used in these specifications:
(1) Covered area means the geographical area described in the solicitation from which
this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance Programs, United
States Department of Labor, or any person to whom the Director delegates
authority;
(3) Employer Identification Number (EIN) means the Federal Social Security Number
used on the Employer’s Quarterly Federal Tax Return, United States Treasury
Department Form 941.
(4) Minority includes:
(a)Black (all persons having origins in any of the Black African racial groups not
of Hispanic origin)
(b)Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish culture or origin, regardless of race);
(c)Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific
Islands); and
(d)American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
b.Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000 the provisions of these specifications and the notice which contains the
applicable goals for minority and female participation and which is set forth in the
solicitations from which this contract resulted.
c.If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan
approved by the United States Department of Labor in the covered area either individually
or through an association, its affirmative action obligations on all work in the Plan area
(including goals and time tables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each
contractor or subcontractor participating in an approved Plan is individually required to
comply with its obligations under the EEO Clause, and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The overall
good faith performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take
good faith efforts to achieve the Plan goals and timetables.
d.The contractor shall implement the specific affirmative action standards provided in
paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female utilization the contractor should
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reasonable be able to achieve in each construction trade in which it has employees in the
covered area. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or federally assisted construction
contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers.
The contractor is expected to make substantially uniform progress in meeting its goals in
each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union
with whom the contractor has a collective bargaining agreement, to refer either minority
or women shall excuse the contractor’s obligations under these specifications, Executive
Order 11246 or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the contractor
during the training period, and the contractor must have made a commitment to employ
the apprentices and trainees at the completion of their training, subject to the availability
of employment opportunities. Trainees must be trained pursuant to training programs
approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the contractor’s compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The contractor shall
document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
(1) Ensure and maintain working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the contractor’s employees are
assigned to work. The contractor, where possible, will assign two or more women to
each construction project. The contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of and carry out
the contractor’s obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the contractor or its unions have employment
opportunities available, and maintain a record of the organization’s responses.
(3) Maintain a current file of the name, address, and telephone numbers of each minority
and female off-the street applicant and minority or female referral from a union, a
recruitment source, or community organization and of what action was taken with
respect to each such individual. If such individual was sent to the union hiring hall for
referral and was not referred back to the contractor by the union or, if referred, not
employed by the contractor, this shall be documented in the file with the reason
therefore, along with whatever additional actions the contractor may have taken.
(4) Provide immediate written notification to the Director when the union or unions with
which the contractor has a collective bargaining agreement has not referred to the
contractor a minority person or woman sent by the contractor, or when the contractor
has other information that the union referral process has impeded the contractor’s
efforts to meet its obligations.
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(5) Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the contractor’s employment
needs, especially those programs funded or approved by the Department of Labor.
The contractor shall provide notice of these programs to the sources compiled under
3g (2) above.
(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where construction
work is performed.
(7) Review, at least annually, the company’s EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment decisions including specific
review of these items with on- site supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of construction work at any job site. A
written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject
matter.
(8) Disseminate the contractor’s EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the contractor’s EEO policy with other contractors
and subcontractors with whom the contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations; to schools with minority and female students; and to minority and female
recruitment and training organizations serving the contractor’s recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment sources, the
contractor shall send written notification to organizations such as the above, describing
the opening, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable, provide after school, summer, and vacation
employment to minority and female youth, both on the site and in other areas of a
contractor’s work force.
(11) Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel for promotional opportunities and encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment-related activities toensure that the EEO policy and the
contractor’s obligations under these specifications are being carried out.
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(14) Ensure that all facilities and company activities are non-segregated except that
separate or single-user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance
under the contractor’s EEO policies and affirmative action obligations.
h.Contractors are encouraged to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations 3g(1) through (16). The efforts of a
contractor association, joint contractor-union, contractor-community, or other similar group
of which the contractor is a member and participant, may be asserted as fulfilling any one
or more of its obligations under 3g(1) though (16) of these specifications provided that the
contractor actively participates in the group, makes every effort to ensure that the group
has a positive impact on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program are reflected in the contractor’s minority and
female work force participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the contractor. The obligation to comply,
however, is the contractor’s, and failure of such a group to fulfill an obligation shall not be
a defense for the contractor’s noncompliance.
i.A single goal for minorities and a separate single goal for women have been established.
The contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both
minority and non-minority. Consequently, the contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women generally, the
contractor may be in violation of the Executive Order if a specific minority group of women
is underutilized).
j.The contractor shall not use the goals and timetables of affirmative action standards to
discriminate against any person because of race, color, religion, sec or national origin.
k.The contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
l.The contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Executive Order
11246, as amended.
m.The contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative actions steps, at least as extensive as those standards prescribed in
Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these
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specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show
Cause Notice).
n. The contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to be required by the
Government and to keep records. Records shall at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation, if any, employee
identification number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not
be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for the hiring of local or other area residents (e.g., those under the Public
Works Employment Act of 1977 and the Community Development Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female
utilization which shall be based on appropriate work force, demographic or other relevant
data and which shall cover construction projects or construction contracts performed in
specific geographic areas. The goals, which shall be applicable to each construction trade
in a covered contractor’s or subcontractor’s entire work force which is working in the area
covered by the goals and timetables, shall be published as notices in the Federal Register,
and shall be inserted by the contracting officers and applicants, as applicable, in the Notice
required by 41 CFR 60-4.2.
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS.
For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor
shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to
contract award: Certification of Non-segregated Facilities and Certification with Regard to
the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity
Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract
Compliance Programs, United States Department of Labor - ESA, 200 Constitutional
Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of
any subcontract in excess of $10,000, listing the name, address, and telephone number
of the subcontractor; employer identification number; estimated dollar amount of the
subcontract; estimated starting date and completion dates of the subcontract; and the
geographical area in which the contract is to be performed.
c. Send a notice of the contractor’s commitment to equal employment opportunity to labor
unions or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to
employees and applicants for employment.
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e.For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment
Opportunity requirements by including the provisions of Paragraphs 1 through 3, above,
in the subcontract.
f.Upon commencement of construction work and until the work is completed, forward the
Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority
by the end of each work month. With the initial monthly report, the contractor/subcontractor
shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area
to the monthly report.
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY
(Executive Order 11246)
a.The Offeror or Bidder’s attention is called to the Equal Opportunity Clause and the
Standard Federal Equal Employment Specifications set forth herein.
b.The goals and timetables for minority and female participation, expressed in percentage
terms for the contractor’s aggregated work force in each trade on all construction work in
the covered area, are as follows:
Goals for Minority and Female Participation in Timetables, Each Trade: 28.3%, 6.9%
These goals are applicable to all the contractor’s construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the contractor performs
construction work in a geographical area located outside of the covered area, it shall apply
the goals established for such geographical area where the work is actually performed.
With regard to this second area, the contractor also is subject to the goals for both its
federally involved and non-federally involved construction.
The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part
60-4 shall be based on its implementation of the Equal Opportunity Clause, specific
affirmation action obligations required by the specifications set forth in 41 CFR Part 60-
4.3(a), and its efforts to meet the goals. The hours of minority and female employment
and training must be substantially uniform throughout the length of the contract and in
each trade, and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or
trainees from contractor to contractor or from project to project for the sole purpose of
meeting the contractor’s goals shall be a violation of the contract, the Executive Order,
and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured
against the total work hours performed.
c.The contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within ten (10) working days of award of any construction
subcontract in excess of $10,000 at any tier for construction work under the contract
resulting from this solicitation. The notification shall list the name, address, and telephone
number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of
the subcontract; and the geographical area in which the contract is to be performed.
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d. As used in this notice, and in the contract resulting from this solicitation, the covered area
is the Standard Metropolitan Statistical Area of Los Angeles-Long Beach, specifically the
County of Los Angeles, State of California.
CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS.
a. It is national policy to award a fair share of contracts to Small business and Minority Firms.
Accordingly, affirmative steps must be taken to assure that Small Business and Minority
Firms are utilized when possible, as sources of supplies, equipment, construction and
services. Affirmative steps include the following:
1. Including qualified Small Business and Minority Firms on solicitation lists.
2. Assuring that Small Business and Minority Firms are solicited whenever they are
potential sources.
3. When economically feasible, dividing total requirements into smaller tasks or
quantities so as to permit maximum Small Business and Minority Firm participation.
4. Where the requirement permits, establishing delivery schedules which will encourage
participation by Small Business and Minority Firms.
5. Using the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce, as required.
6. If any subcontracts are to be let, requiring the prime contractor to take the affirmative
steps in a1 through a5 above.
b. Grantees shall take similar appropriate affirmative action in support of Women’s Business
Enterprises.
c. Grantees are encouraged to procure goods and services from Labor Surplus Areas.
CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
SECTION 503 OF THE REHABILITATION ACT OF 1973. Any contract in excess of $10,000
entered into by any Federal department or agency for the procurement of personal property and
non-personal services (including construction) for the United States shall contain a provision
requiring that the party contracting with the United States shall take affirmative action to employ
and advance in employment qualified individuals with disabilities. No otherwise qualified individual
with handicaps in the United States shall, solely by reason of his or her handicap, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal assistance.
SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No
person in the United States on the grounds of race, color, national origin, or sex be excluded from
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participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974, as amended.
Covered contracts entered into by any department or agency for the procurement of personal
property and non- personal services (including construction) for the United States, shall contain
a provision requiring that the party contracting with the United States shall take affirmative action
to employ and advance in employment qualified special disabled veterans, veterans of the
Vietnam era and any other veterans who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized. The provisions of this section shall
apply to any subcontract entered into by a prime contractor in carrying out any contract for the
procurement of personal property and non-personal services (including construction) for the
United States.
AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
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COMPLIANCE WITH CLEAN AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts
exceeding $150,000)
During the performance of this contract, the contractor and all subcontractors shall
comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq.,
the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part
15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors
shall furnish to the owner, the following:
1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in
the performance of any non exempt contract or subcontract,. is not listed on the
List of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of Section 114
of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to
inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued there under.
3. A stipulation that as a condition for the award of the contract, prompt notice will
be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract,
is under consideration to be listed on the EPA List of Violating Facilities.
4. Agreement by the contractor that he will include, or cause to be included, the
criteria and requirements in paragraph (1) through (4) of this section in every
nonexempt subcontract and requiring that the contractor will take such action as
the government may direct as a means of enforcing such provisions.
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LABOR CODE SECTIONS
(1771, 1774, 1775, 1776,1777.5, 1813, AND 1815)
§1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work of a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed
as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a
public agency with its own forces. This section is applicable to contracts let for maintenance work.
§1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less
than the specified prevailing rates of wages to all workmen employed in the execution of the contract.
§1775.
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each
calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the
director for the work or craft in which the worker is employed for any public work done under the contract by the
contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration
of both of the following:
(i)Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages
was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought
to the attention of the contractor or subcontractor.
(ii)Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
(B)The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor
to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly
and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(i)The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof,
for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has
been assessed penalties within the previous three years for failing to meet its prevailing wage
obligations on a separate contract, unless those penalties were subsequently withdrawn or
overturned.
(ii)The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for
each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision (c) of Section 1777.1.
(C)When the amount due under this section is collected from the contractor or subcontractor, any
outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2
against that contractor or subcontractor shall be satisfied before applying that amount to the penalty
imposed on that contractor or subcontractor pursuant to this section.
(D)The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable
only for abuse of discretion.
(E)The difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage rate
shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract
shall cause to be inserted in the contract a stipulation that this section will be complied with.
(b)If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of
per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified
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prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following
requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813,
and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by
the subcontractor to the employees, by periodic review of the certified payroll records of the
subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing
rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including,
but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works
project.
(4) Prior to making final payment to the subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees
on the public works project and any amounts due pursuant to Section 1813.
(C) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15
days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor
on that public works project to pay workers the general prevailing rate of per diem wages.
§1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is
made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection
at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection
or furnished upon request to a representative of the body awarding the contract, the Division of Labor
Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial
Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request
by the public for inspection or for copies thereof. However, a request by the public shall be made through
either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph
(2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by
the contractor, subcontractors, and the entity through which the request was made. The public may not
be given access to the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or
shall contain the same information as the forms provided by the division. The payroll records may consist of
printouts of payroll data that are maintained as computer records, if the printouts contain the same
information as the forms provided by the division and the printouts are verified in the manner specified in
subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a) with the
entity that requested the records within 10 days after receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any
public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor
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Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor awarded the contract or the
subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available
for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal
Labor Management
Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure
of an individual's name and social security number. A joint labor management committee may maintain
an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774.
The court may award restitution to an employee for unpaid wages and may award the joint labor
management committee reasonable attorney's fees and costs incurred in maintaining the action. An
action under this subdivision may not be based on the employer's misclassification of the craft of a worker
on its certified payroll records. Nothing in this subdivision limits any other available remedies for a
violation of this chapter.
(f)The contractor shall inform the body awarding the contract of the location of the records enumerated under
subdivision (a), including the street address, city, and county, and shall, within five working days, provide a
notice of a change of location and address.
(g)The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails
to comply within the 10- day period, he or she shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld
from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this
section due to the failure of a subcontractor to comply with this section.
(h)The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
(i)The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977
(Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of
these records, including the establishment of reasonable fees to be charged for reproducing copies of records
required by this section.
§1777.5.
(a)Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.
(b)Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft
or trade to which he or she is registered.
(c)Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have
been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be
employed at the apprentice wage rate on public works. The employment and training of each apprentice shall
be in accordance with either of the following:
(1)The apprenticeship standards and apprentice agreements under which he or she is training.
(2)The rules and regulations of the California Apprenticeship Council.
(d)When the contractor to whom the contract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall
employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices in the area or
industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered
by an apprenticeship program's standards shall not be required to submit any additional application in order
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to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in
this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules
and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor”
includes any subcontractor under a contractor who performs any public works not excluded by subdivision
(o).
(e)Prior to commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public
work. The information submitted shall include an estimate of journeyman hours to be performed under the
contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices
would be employed. A copy of this information shall also be submitted to the awarding body if requested by
the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of
the journeyman and apprentice hours performed on the contract. The information under this subdivision shall
be public. The apprenticeship programs shall retain this information for 12 months.
(f)The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
(g)The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates where the contractor agrees to be bound by those standards, but, except
as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for
every five hours of journeyman work.
(h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any
journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or
40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a subcontractor, before
the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the
Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum
ratio of not less than one apprentice for each five journeymen in a craft or trade classification.
(i)A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship
program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision(g).
(j)Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the
state on all of his or her contracts on an annual average of not less than one hour of apprentice work for
every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards
may grant a certificate exempting the contractor from the 1 -to-5 hourly ratio, as set forth in this section for
that craft or trade.
(k)An apprenticeship program has the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions
is met:
(1)Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(2)The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its
journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
(4)Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the
public at large, or the specific task to which the apprentice is to be assigned is of a nature that training
cannot be provided by a journeyman.
(l)When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in
a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be
Page 54
Packet Page 001380
required to submit individual applications for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add the amount of the
contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship
Council shall distribute training contributions received by the council under this subdivision, less the
expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants
to approved apprenticeship programs for the purpose of training apprentices. The funds shall be
distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program
shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or
trade and geographic area for which the training contributions were made to the council, the grant
shall be divided among those programs based on the number of apprentices registered in each
program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the
future expenses of the Division of Apprenticeship Standards.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section
13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby
continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the
Division of Apprenticeship Standards.
(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
(p) All decisions of an apprenticeship program under this section are subject to Section 3081.
§1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf
the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of
the contract by the respective contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week
in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall
cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all
violations of this article committed in the course of the execution of the contract and shall report them to the
Division of Labor Standards Enforcement.
§ 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding
any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2
times the basic rate of pay.
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D D
CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION
Project Name
Contracting Agency Project Number:
This is to certify that the principal and the authorized payroll officer(s), listed
below, have received and read and a copy of the Federal Labor Standards
Provisions (HUD-4010) and a copy of the Contractor’s Guide to prevailing
Wage Requirements for Federally-Assisted Construction Projects, and that
they understand the labor standards clauses pertaining to the above listed
projects.
The following person(s) is/are designated as payroll officer for the undersigned
and is/are authorized to sign the Statement of Compliance forms which will
accompany each weekly payroll report for contractor listed below during the
duration of this project.
Contractor Subcontractor Business Name License Number
Payroll Officer Name (Print) Payroll Officer (Signature)
Payroll Officer Name (Print) Payroll Officer (Signature)
Name of Person Authorized to Sign (Print) (Authorized Signature)
Title Date
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Packet Page 001382
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
(03/31/17)
TO:
(Name of Labor Union, Workers Representative, etc)
(Address)
Contractor Name:
Project Name: Project Number:
The Undersigned contractor holds a contract with , involving funds
provided by the U. S. Government, or a subcontract with a prime contractor holding such contract.
Under the provisions included in the contract or subcontract for the above referenced project, and in
accordance with Executive Order 11246, the undersigned contractor is obligated not to discriminate
against any employee or applicant for employment because of race, color, religion, sex or national
origin. This obligation not to discriminate in employment includes, but is not limited to the follow:
1.Hiring, placement, upgrading, transfer or demotion;
2.Recruitment, advertising or solicitation for employment;
3.Treatment during employment;
4.Rates of pay or other forms of compensation;
5.Selection for training, including apprenticeship; and
6.Layoff or termination.
The undersigned contractor shall abide by the requirements of 41 CFR 60–300.5(a) and 60–741.5(a).
These regulations prohibit discrimination against qualified individuals on the basis of protected veteran
status or disability; and require affirmative action by prime contractors and subcontractors to employ,
and advance in employment, qualified protected veterans and individuals with disabilities.
Copies of this notice will made available to worker representatives and be posted by the undersigned
in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Date) (Title)
Page 57
Packet Page 001383
BIDDERS QUESTIONNAIRE FORM
Fill out all the following information and submit with Bid Proposal:
Bidder/Contractor’s Name:
Business Address:
Telephone Number: Email:
California State Contractor’s License Number
and Class:
#:
Class:
Tax Identification Number:
DIR Contractor Registration Number:
UEI Number:
Business License: Do you currently have an active
City Business License?
YES #:
NO
Number of years of experience the company has as a contractor:
DIR Contractor Worker(s) Classification (s)
(e.g. laborer, electrician, cement mason etc.)
Has the company or any principal having an
interest in this Bid ever failed to complete a
project?
YES NO
If yes, explain:
Has the company or any principal having an
interest in this Bid ever been terminated for
cause, even if was converted to a “termination of
convenience”
YES NO
If yes, explain:
Type of Firm: Individual Partnership Limited Liability Company
Corporation (State ) Other (specify)
Page 58
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Minority Business Enterprise(MBE)
Women Business Enterprise (WBE)
Small Disadvantaged Business (SDB)
Veteran Owned Business
Disabled Veteran Owned Business
None Apply
List at least three related projects completed in the last i e (5) years:
1.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
2.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
3.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
Surety Company that will provide all Insurance Requirements:
Name of Surety:
Address:
Surety Company:
Page 59
Packet Page 001385
NON-SEGREGATED FACILITIES CERTIFICATION
FEDERALLY-ASSISTED CONSTRUCTION PROJECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
1.Maintain or provide, for his/her employees, any segregated facilities at any of his/her
establishments.
2.Permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities are maintained.
The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any
waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated
by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because
of habit, local custom, or otherwise.
The federally-assisted contractor agrees that (except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods) he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in
his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: Project Number:
Company:
Address:
By:
Title:
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CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The bidder, proposed sub-contractor, hereby certifies that he/she has, has not, participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President’s Committee on Equal
Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: Contract Award: $
Awarding Agency:
Contractor Name: Total Number of Employees
Affiliate Company:
By:
Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor
(41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts
and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under
are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
SF-100 (EEO-1) must be filed by;
(A)All private employers who are:
(1)Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2)Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with
another company, or there is centralized ownership, control or management so that the group legally
constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B)All federal contractors (private employers), who:
(1)Are not exempt as provided for by 41 CFR 60-1.5
(2)Have 50 or more employees, and
a.Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase
order amounting to $50,000 or more; or
b.Serve as a depository of Government funds in any amount, or
c.Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
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CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,00 0 and not more than $100,000 for each such failure.
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying
Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required statement shall be subjec t to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
* CONTRACTOR/SUBCONTRACTOR
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: * First Name: Middle Name:
* Last Name: Suffix:
* Title:
* SIGNATURE: * DATE:
Page 62
Packet Page 001388
WORKER’S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability for
worker’s compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of
the work of this contract.
Date: Project Number:
Project Name:
Company Name:
Address:
Print Name:
Title:
Signature:
Page 63
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Page 64
Packet Page 001390
DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS
As a minimum requirement for consideration of a contract award, the Bidder/Proposer
shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and
Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is
obliged, to the greatest extent feasible, to give opportunities for training and employment
to low-income and very low-income persons residing in the service area or neighborhood
in which the covered Section 3 project/service is located, and/or to award subcontracts to
other Section 3 business concerns that provide economic opportunities for Section 3
workers and Targeted Section 3 workers.
Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior
to recommendation for contract award by the Local Contracting Agency (LCA),he/she will
agree to comply with the Section 3 requirements by including the Section 3 contract
language in the contract, to the greatest extent feasible, to meet the Section 3
benchmarks and report all accomplishments with required documentation on a quarterly
basis for the duration of the contract.
The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
•Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by
all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours
worked by all workers employed of which is included as part of the 25%
threshold in the previous bullet.
•Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by
all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours
worked by all workers employed on a Section 3 project of which is included as
part of the 25% threshold in the previous bullet.
Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and
reporting obligations shall be grounds for determining the Bidder/Proposer non -
responsive, and no further consideration for contract award shall be granted.
I declare under penalty of perjury under the laws of the State of California that we
agree to comply with the Section 3 requirements as stated above.
Name of Contractor/Subcontractor Address
Print Name Title
Signature
Declaration of Intent to Comply with Section 3 Requirements
Date
Rev. 9.1.21
Page 65
Packet Page 001391
TO BE COMPLETED BY LOCAL CONTRACTING AGENCY STAFF
This business meets the following category:
51% owned by low- or very low-income persons,
75% of labor hours performed by Section 3 workers, or
51% currently owned and controlled by public housing or Section 8-assisted housing residents.
None of the above.
Approved by: (Print Name) Signature: Date:
SECTION 3 BUSINESS CONCERN CERTIFICATION
Business Name:
Address:
City/State/Zip Code:
Telephone Number: Email Address:
This business is a Section 3 business concern based on one of the following
categories, as documented:
A.Business is 51% or more owned by low- or very low-income persons,
(Attach a Section 3 Worker Certification(s) for each owner to this certification.)
B.Over 75 percent (75%) of the labor hours performed for the business
over the prior three-month period are performed by Section 3 workers,
Provide the following information for the prior three-month period:
•Indicate total number of labor hours performed by Section 3 workers:Hours
•Indicate total number of labor hours performed by all workers:Hours
•Calculate the percentage of labor hours by Section 3 workers:%
(Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.)
C.Business is 51% or more owned and controlled by current public
housing residents or residents who currently live in Section 8-assisted
housing. (Attach proof of public housing or Section 8-assisted housing residence.)
D.The above-mentioned business firm is not a Section 3 business
concern, but commits to the Section 3 goal:
Submit Notice of Section 3 Commitment Form
(NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED
ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON-SECTION 3
BUSINESS CONCERN.)
I declare under penalty of perjury under the laws of the State of California that the information stated
above is true and correct.
Signature Title Date
Section 3 Business Concern Certification Rev. 9.1.21
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Packet Page 001392
NOTICE OF SECTION 3 COMMITMENT
TO:
(Name of Labor Union, Workers Representative, etc.
(Address)
Name of Business (Contractor):
Project Name: Project Number:
The Undersigned currently holds a contract with
involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development
or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance
with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to
the greatest extent feasible, to give opportunities for employment and training to lower income
residence of the CDBG-assisted project area and to award contracts for work on the project to
business concerns which are located in or are owned in substantial part by project area residence.
Regarding employment opportunities for Section 3, the minimum number and job titles are:
Number Job Classification
Regarding job referrals, request that consideration be given, to the greatest extent feasible, to
assignment of persons residing in the service area or neighborhood in which the project is located.
The anticipated date the work will begin is . For additional information, you may
contact , at ( ) .
Contact Person’s Name Title
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted
by the undersigned in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Date) (Title)
Page 67
Packet Page 001393
1
SECTION 3 INCOME CERTIFICATION
Printed on: Effective Date:
INSTRUCTIONS: A Section 3 worker seeking certification shall self-certify and submit this form to the recipient
contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24
CFR Part 75. This is a written statement from the beneficiary documenting the definition used to determine
“Annual (Gross) Income”. To complete this statement, fill in the blank fields below, then sign this statement to
certify that the information is complete and accurate, and that source documentation will be provided upon
request.
BASIC INFORMATION:
Last Name: First Name:
Address:
ENTER/SELECT THE APPROPRIATE INFORMATION TO CONFIRM YOUR WORKER STATUS.
1.Are you a resident of public housing or a housing choice Voucher Holder (Section 8)?☐YES ☐ NO
2.Are you a Youth Build participant?☐YES ☐ NO
3.Do you live within one mile of the Project?☐YES ☐ NO
DEFINITION OF INCOME:
HUD 24 CFR Part 5
Low-income person means individuals whose incomes do not exceed 80 percent of the median income for the area.
Very low-income person means individuals whose incomes do not exceed 50 percent of the median family income for the area.
To verify Income Limits by Area: https://www.huduser.gov/portal/datasets/il.html#2021
*Please note that HUD updates income limits annually
In the field below, select the amount of individual (employee only) income you believe you earn on an annual basis.
☐Less than $20,000 ☐$35,001 – $40,000 ☐$55,001 – $60,000
☐$20,001 – $25,000 ☐$40,001 – $45,000 ☐$60,001 – $65,000
☐$25,001 – $30,000 ☐$45,001 – $50,000 ☐$65,001 – $70,000
☐$30,001 – $35,000 ☐$50,001 – $55,000 ☐More than $70,000
INCOME INFORMATION:
Annual gross income (Individual/ One Person) = $
IDENTIFY COUNTY:
☐Los Angeles County ☐ Orange County ☐ Riverside County ☐ San Bernardino County
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Packet Page 001394
2
CERTIFICATION
THIS SECTION MUST BE COMPLETED BY THE AUTHORIZED BUSINESS OWNER/AGENT
The above-named person is: An applicant ☐ A permanent full-time ☐ A new hire/employee ☐
I certify that this person’s annual gross income is/will be: $
This person’s work Classification is: Date of hire:
Business Name Printed Name of Owner /Agent Signature of Owner/Agent Date
*EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS.
I certify that this information is complete and accurate. I agree to provide, upon request, documentation on all income
sources to the HUD Grantee/Program Administrator.
Printed Full Name Signature Date:
WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section
1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and
willingly making a false or fraudulent statement to a department of the United States Government.
THIS SECTION MUST BE COMPLETED BY LABOR COMPLIANCE AGENCY
The above individual is (Check the applicable statement below):
☐A Section 3 worker who currently fits or when hired within the past five years fit at least one of the following
categories, as documented:
1)The worker's income for the previous or annualized calendar year is below the income limit established
by HUD.
2)The worker is employed by a Section 3 business concern.
3)The worker is a YouthBuild participant.
☐A Targeted Section 3 worker who currently fits at least one of the following categories, as documented:
1)A worker employed by a Section 3 business concern; or
2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
a.Living within the service area or the neighborhood of the project.
b.A YouthBuild participant.
☐Not a Section 3 worker or Targeted Section 3 worker.
Initial:
Page 69
Packet Page 001395
☐
☐
☐
☐
☐
☐
QUALITATIVE EFFORTS FOR CONTRACTORS
Engaged in outreach efforts to generate job applicants who are Targeted Section 3
workers.
Date of Outreach Effort Address of Outreach Effort
Provided training or apprenticeship opportunities.
Date of Training Address of Training
Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume
assistance, coaching).
Date of Technical Assistance Address of Technical Assistance
Provided or connected Section 3 workers with assistance in seeking employment
including: drafting resumes, preparing for interviews, and finding job opportunities
connecting residents to job placement services.
Date of Workers Assistance Address of Workers Assistance
Held one or more job fairs.
Date of Job Fair Address of Job Fair
Provided or referred Section 3 workers to services supporting work readiness and
retention (e.g., work readiness activities, interview clothing, test fees, transportation,
childcare).
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☐
☐
☐
☐
☐
☐
Date of Referral Type of Service Provided or Referred
Provided assistance to apply for/or attend community college, a four-year educational
institution, or vocational/technical training.
Date of Assistance Type of Educational Assistance Provided
Assisted Section 3 workers to obtain financial literacy training and/or coaching.
Date of Assistance Type of Training/Coaching Provided
Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
Date of Outreach Description of Outreach
Provided technical assistance to help Section 3 business concerns understand and bid on
contracts.
Date of Technical Assistance Name of Business Concern
Divided contracts into smaller jobs to facilitate participation by Section 3 business
concerns.
Name of Business Concern
Provided bonding assistance, guaranties, or other efforts to support viable bids from
Section 3 business concerns.
Name of Business Concern Description of Assistance
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☐
☐
☐
Promoted use of business registries designed to create opportunities for disadvantaged
and small businesses.
Date of Activity Name of Business Registry
Outreach, engagement, or referrals with the state one-stop system as defined in Section
121(e)(2) of the Workforce Innovation and Opportunity Act 17.
Date of Activity Description of Activity
Other:
Date of Activity Description of Activity
Contractor/Subcontractor Name Signature Date:
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Submit After Project Completion
SECTION 3 ECONOMIC OPPORTUNITY REPORT
1.Recipient Name and Address
(Recipient, Sub-recipient, Contractor, Subcontractor)
2.Project Number: (Contract/Award No.) 3.Dollar Amount of Contract:
4.Contact Person:5.Phone: (Include Area Code)
6.Reporting Period:7.Date Report Submitted
8.Project Number:9.Federal EIN:
Part I: Employment & Training Opportunities provided to low-income individuals (Minimum Goal: 25% of Labor Hours)
JOB CLASSIFICATION TOTAL NEW
HIRES
TOTAL
SECTION 3
NEW HIRES
TOTAL
TARGETED
SECTION 3
NEW HIRES
TOTAL LABOR
HOURS WORKED
BY ALL WORKERS
TOTAL TARGETED/
SECTION 3 LABOR
HOURS
Professionals %
Technicians %
Office/Clerical %
Trade: %
Trade: %
TOTAL %
Part II: Subcontracts Awarded (Minimum Subcontract Goal is 25% of the Prime Contract Amount)
Number of Subcontracts awarded: Number of Section 3 Businesses Receiving Contracts:
Name of Qualified Business Concern Construction or Non-construction Contract Amount
$
$
$
$
Total Dollar Amount of Subcontracts awarded to Section 3 qualified Business Concerns: $
Dollar Amount of All Subcontracts: $
Percentage of the total dollar amount awarded to qualified Business Concerns: %
Part III: Summary of the efforts that were made to generate economic opportunities
Trained and/or Employed low-income individuals equal to (%) of the total labor hours. (Attach Resident
Certifications and employee timecards)
Awarded a Subcontract to qualified Business Concerns equal to (%) of the contract amount. (Attach Business
Certifications)
Attempted to recruit low-income individuals through:
Advertised through local media, television, radio, newspaper (Attach copy of advertisement)
Signs prominently displayed at the project site
Contacts with community organizations
Contacted management to notify residents and posted or distributed flyers at public housing authority (Attach list)
Participated in a HUD program or other program which promotes the training or employment of low -income individuals
Participated in a HUD program or other program which promotes the award of contracts to Section 3 Qualified Business
Concerns
Contacted agencies administering HUD Youth-Build programs. (Attach list)
Maintained a file of eligible, qualified low-income Residents and qualified Business Concerns for future employment.
OTHER - (Attach supporting documentation)
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BUY AMERICA BUILD AMERICA (BABA)
REQUIREMENTS & CERTIFICATION FORM
PURPOSE: The awardee must comply with the requirements of the Build America, Buy America
(BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if
applicable to infrastructure projects. Pursuant to HUD's Notice "Public Interest Phased
Implementation Waiver for FY 2022 and 2023 of Build American, Buy America Provisions as
Applied to Recipients of HUD Federal Assistance (88 FR 17001), any funds obligated by HUD on or
after the applicable listed effective dates, are subject to BABA requirements, unless exempted by
a waiver. The “Buy America Certification Form” is used to certify that, as required by federal law,
all of the iron, steel, specific construction materials – non-ferrous metals, lumber, composite
building materials, plastic and polymer-based pipe and tube, (for FY24 funded projects and
forward), all construction materials, including manufactured products (for FY25 funded projects
and forward) utilized in federally funded projects with an aggregate of $250,000 or more funds,
including HUD CDBG funds, are produced in the United States in a manner that complies with the
Build America, Buy America Act, unless an applicable waiver applies or is granted by the Made in
America Office of Management and Budget (MIAO).
GENERAL INFORMATION: BABA guidance requires the following Buy America preference: 1. All
iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States for FY 2023 funded projects forward; and, 2. All listed manufactured products used
in the project are produced in the United States. This means the manufactured product was
manufactured in the United States, and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the
total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and, for FY 2025 funded projects forward; 3. All
(listed and non-listed) construction materials are manufactured in the United States. This means
that all manufacturing processes for the construction material occurred in the United States.
The Prime Contractor is responsible for all subcontractors and also ensuring that all
manufacturers and suppliers certify materials with the understanding that those certifying the
material assume full legal responsibility of the material and are subject to providing
documentation verifying the material meets all requirements upon demand. Engineers and/or
Architects signed or stamped acceptance of the attached submittal declares the submittals and
accompanying materials meet BABA requirements. Any additional materials needed for the
project should be itemized, specify if BABA applies, and then certified by the engineer prior to
submittal.
* Attach the final certified itemized cost estimate that identifies all materials subject to BABA
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CERTIFICATION OF COMPLIANCE WITH BABA
I hereby certify the materials installed/to be installed pursuant to the attached Submittal conform
to the Build America, Buy America Provisions.
☐ I hereby certify that all of the iron and steel, manufactured products, and construction
materials supplied or provided by our company for use on this project were manufactured in
the United States of America, unless an applicable waiver applies.
or
I am relying on the following BABA waiver(s) (check all that apply):
☐ De Minimis Waiver: Iron and steel, manufactured products, and construction materials
supplied/provided by our company equal no more than 5 percent of the total applicable
project costs of the iron and steel, manufactured products, and construction materials used
in and incorporated into this project.
☐ Small Grants Waiver: The total loan amount does not exceed $250,000.00 and is not
anticipated to exceed this threshold for the life of the loan.
☐ Nonavailability Waiver: One or more iron or steel items, manufactured products, or
construction materials are not produced in the United States in sufficient and reasonably
available quantities or of a satisfactory quality.
☐ Unreasonable Cost Waiver: The inclusion of one or more iron or steel items, manufactured
products, or construction materials produced in the United States will increase the cost of the
overall project by more than 25 percent.
☐ Adjustment Period Waiver: The project design planning was initiated prior to May 14, 2022,
and the loan was obligated before November 13, 2023.
By signing this document, the signee is not exempt from providing evidence of the request.
RFP/Invitation #: _______________________________________________________________
Prime Contractor Name: _________________________________________________________
Authorized Representative Name: __________________________________________________
Authorized Representative Title: ___________________________________________________
Signature: _____________________________________________________________________
Phone Number: ________________________________________________________________
Email: ________________________________________________________________________
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Title 24—Housing and Urban Development
Subtitle A—Office of the Secretary, Department of Housing and Urban Development
Part 75 Economic Opportunities for Low- and Very Low-Income Persons
Subpart A General Provisions
§ 75.1 Purpose.
§ 75.3 Applicability.
§ 75.5 Definitions.
§ 75.7 Requirements applicable to HUD NOFAs for Section 3 covered programs.
Subpart B Additional Provisions for Public Housing Financial Assistance
§ 75.9 Requirements.
§ 75.11 Targeted Section 3 worker for public housing financial assistance.
§ 75.13 Section 3 safe harbor.
§ 75.15 Reporting.
§ 75.17 Contract provisions.
Subpart C Additional Provisions for Housing and Community Development
Financial Assistance
§ 75.19 Requirements.
§ 75.21 Targeted Section 3 worker for housing and community development financial
assistance.
§ 75.23 Section 3 safe harbor.
§ 75.25 Reporting.
§ 75.27 Contract provisions.
Subpart D Provisions for Multiple Funding Sources, Recordkeeping, and
Compliance
§ 75.29 Multiple funding sources.
§ 75.31 Recordkeeping.
§ 75.33 Compliance.
PART 75—ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-
INCOME PERSONS
Authority:12 U.S.C. 1701u;42 U.S.C. 3535(d).
Source:85 FR 61562, Sept. 29, 2020, unless otherwise noted.
Subpart A—General Provisions
This content is from the eCFR and is authoritative but unofficial.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR Part 75 (Nov. 4, 2024)
24 CFR 75 (enhanced display)page 1 of 14
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§ 75.1 Purpose.
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that
economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be
directed to low- and very low-income persons, particularly those who are recipients of government assistance for
housing or residents of the community in which the Federal assistance is spent.
§ 75.3 Applicability.
(a)General applicability.Section 3 applies to public housing financial assistance and Section 3 projects, as
follows:
(1)Public housing financial assistance.Public housing financial assistance means:
(i)Development assistance provided pursuant to section 5 of the United States Housing Act of
1937 (the 1937 Act);
(ii)Operations and management assistance provided pursuant to section 9(e) of the 1937 Act;
(iii)Development, modernization, and management assistance provided pursuant to section 9(d) of
the 1937 Act; and
(iv)The entirety of a mixed-finance development project as described in 24 CFR 905.604, regardless
of whether the project is fully or partially assisted with public housing financial assistance as
defined in paragraphs (a)(1)(i) through (iii) of this section.
(2)Section 3 projects.
(i)Section 3 projects means housing rehabilitation, housing construction, and other public
construction projects assisted under HUD programs that provide housing and community
development financial assistance when the total amount of assistance to the project exceeds a
threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard
Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any
building(s) and improvements located on the site(s) that are under common ownership,
management, and financing.
(ii)The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not
less than once every 5 years based on a national construction cost inflation factor through
FEDERAL REGISTER notice not subject to public comment. When the Secretary finds it is warranted
to ensure compliance with Section 3, the Secretary may adjust, regardless of the national
construction cost factor, such thresholds through FEDERAL REGISTER notice, subject to public
comment.
(iii)The requirements in this part apply to an entire Section 3 project, regardless of whether the
project is fully or partially assisted under HUD programs that provide housing and community
development financial assistance.
(b)Contracts for materials.Section 3 requirements do not apply to material supply contracts.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.1
24 CFR 75.3(b) (enhanced display)page 2 of 14
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§ 75.5 Definitions.
The terms HUD, Public housing,and Public Housing Agency (PHA)are defined in 24 CFR part 5. The following
definitions also apply to this part:
(c)Indian and Tribal preferences.Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference
requirements as authorized under 101(k) of the Native American Housing Assistance and Self-
Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business
opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of
this part.
(d)Other HUD assistance and other Federal assistance.Recipients that are not subject to Section 3 are
encouraged to consider ways to support the purpose of Section 3.
1937 Act means the United States Housing Act of 1937,42 U.S.C. 1437 et seq.
Contractor means any entity entering into a contract with:
(1)A recipient to perform work in connection with the expenditure of public housing financial assistance
or for work in connection with a Section 3 project; or
(2)A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed
with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited
to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.
Professional services means non-construction services that require an advanced degree or professional
licensing, including, but not limited to, contracts for legal services, financial consulting, accounting
services, environmental assessment, architectural services, and civil engineering services.
Public housing financial assistance means assistance as defined in § 75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or housing and
community development assistance that funds Section 3 projects, including, but not limited to, any State,
local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).
Section 3 business concern means:
(1)A business concern meeting at least one of the following criteria, documented within the last six-
month period:
(i)It is at least 51 percent owned and controlled by low- or very low-income persons;
(ii)Over 75 percent of the labor hours performed for the business over the prior three-month period
are performed by Section 3 workers; or
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.3(c)
24 CFR 75.5 “Section 3 business concern” (1)(ii) (enhanced display)page 3 of 14
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(iii)It is a business at least 51 percent owned and controlled by current public housing residents or
residents who currently live in Section 8-assisted housing.
(2)The status of a Section 3 business concern shall not be negatively affected by a prior arrest or
conviction of its owner(s) or employees.
(3)Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3
business concern. Section 3 business concerns are not exempt from meeting the specifications of
the contract.
Section 3 project means a project defined in § 75.3(a)(2).
Section 3 worker means:
(1)Any worker who currently fits or when hired within the past five years fit at least one of the following
categories, as documented:
(i)The worker's income for the previous or annualized calendar year is below the income limit
established by HUD.
(ii)The worker is employed by a Section 3 business concern.
(iii)The worker is a YouthBuild participant.
(2)The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction.
(3)Nothing in this part shall be construed to require the employment of someone who meets this
definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of
the position to be filled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant-based
assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if
fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section
3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S.
Census.
Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's
obligation to perform work in connection with the expenditure of public housing financial assistance or for
a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in §§ 75.11,75.21, or 75.29, and does not exclude an
individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3226).
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.5 “Section 3 business concern” (1)(iii)
24 CFR 75.5 “YouthBuild programs” (enhanced display)page 4 of 14
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§ 75.7 Requirements applicable to HUD NOFAs for Section 3 covered programs.
All notices of funding availability (NOFAs) issued by HUD that announce the availability of funding covered by § 75.3
will include notice that this part is applicable to the funding and may include, as appropriate for the specific NOFA,
points or bonus points for the quality of Section 3 plans.
Subpart B—Additional Provisions for Public Housing Financial Assistance
§ 75.9 Requirements.
(a)Employment and training.
(1)Consistent with existing Federal, state, and local laws and regulations, PHAs or other recipients
receiving public housing financial assistance, and their contractors and subcontractors, must make
their best efforts to provide employment and training opportunities generated by the public housing
financial assistance to Section 3 workers.
(2)PHAs or other recipients, and their contractors and subcontractors, must make their best efforts
described in paragraph (a)(1) of this section in the following order of priority:
(i)To residents of the public housing projects for which the public housing financial assistance is
expended;
(ii)To residents of other public housing projects managed by the PHA that is providing the
assistance or for residents of Section 8-assisted housing managed by the PHA;
(iii)To participants in YouthBuild programs; and
(iv)To low- and very low-income persons residing within the metropolitan area (or nonmetropolitan
county) in which the assistance is expended.
(b)Contracting.
(1)Consistent with existing Federal, state, and local laws and regulations, PHAs and other recipients of
public housing financial assistance, and their contractors and subcontractors, must make their best
efforts to award contracts and subcontracts to business concerns that provide economic
opportunities to Section 3 workers.
(2)PHAs and other recipients, and their contractors and subcontractors, must make their best efforts
described in paragraph (b)(1) of this section in the following order of priority:
(i)To Section 3 business concerns that provide economic opportunities for residents of the public
housing projects for which the assistance is provided;
(ii)To Section 3 business concerns that provide economic opportunities for residents of other
public housing projects or Section-8 assisted housing managed by the PHA that is providing
the assistance;
(iii)To YouthBuild programs; and
(iv)To Section 3 business concerns that provide economic opportunities to Section 3 workers
residing within the metropolitan area (or nonmetropolitan county) in which the assistance is
provided.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.7
24 CFR 75.9(b)(2)(iv) (enhanced display)page 5 of 14
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§ 75.11 Targeted Section 3 worker for public housing financial assistance.
§ 75.13 Section 3 safe harbor.
(a)Targeted Section 3 worker.A Targeted Section 3 worker for public housing financial assistance means a
Section 3 worker who is:
(1)A worker employed by a Section 3 business concern; or
(2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
(i)A resident of public housing or Section 8-assisted housing;
(ii)A resident of other public housing projects or Section 8-assisted housing managed by the PHA
that is providing the assistance; or
(iii)A YouthBuild participant.
(b)[Reserved]
(a)General.PHAs and other recipients will be considered to have complied with requirements in this part, in
the absence of evidence to the contrary, if they:
(1)Certify that they have followed the prioritization of effort in § 75.9; and
(2)Meet or exceed the applicable Section 3 benchmarks as described in paragraph (b) of this section.
(b)Establishing benchmarks.
(1)HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or
both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide
benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3
workers, or may establish multiple benchmarks based on geography, the type of public housing
financial assistance, or other variables. HUD will update the benchmarks through a document
published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3
years. Such notice shall include aggregate data on labor hours and the proportion of PHAs and other
recipients meeting benchmarks, as well as other metrics reported pursuant to § 75.15 as deemed
appropriate by HUD, for the 3 most recent reporting years.
(2)In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours
worked by specific categories of workers or in different localities or regions; averages for labor hours
worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to
this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks,
HUD will exclude professional services from the total number of labor hours as such hours are
excluded from the total number of labor hours to be reported per § 75.15(a)(4).
(3)Section 3 benchmarks will consist of the following two ratios:
(i)The number of labor hours worked by Section 3 workers divided by the total number of labor
hours worked by all workers funded by public housing financial assistance in the PHA's or other
recipient's fiscal year.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.11
24 CFR 75.13(b)(3)(i) (enhanced display)page 6 of 14
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§ 75.15 Reporting.
(ii)The number of labor hours worked by Targeted Section 3 workers, as defined in § 75.11(a),
divided by the total number of labor hours worked by all workers funded by public housing
financial assistance in the PHA's or other recipient's fiscal year.
(a)Reporting of labor hours.
(1)For public housing financial assistance, PHAs and other recipients must report in a manner
prescribed by HUD:
(i)The total number of labor hours worked;
(ii)The total number of labor hours worked by Section 3 workers; and
(iii)The total number of labor hours worked by Targeted Section 3 workers.
(2)Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from
when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §
75.31.
(3)The labor hours reported under paragraph (a)(1) of this section must include the total number of
labor hours worked with public housing financial assistance in the fiscal year of the PHA or other
recipient, including labor hours worked by any contractors and subcontractors that the PHA or other
recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4)PHAs and other recipients reporting under this section, as well as contractors and subcontractors
who report to PHAs and recipients, may report labor hours by Section 3 workers, under paragraph
(a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of
this section, from professional services without including labor hours from professional services in
the total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers
both professional services and other work and the PHA, other recipient, contractor, or subcontractor
chooses not to report labor hours from professional services, the labor hours under the contract that
are not from professional services must still be reported.
(5)PHAs and other recipients may report on the labor hours of the PHA, the recipient, a contractor, or a
subcontractor based on the employer's good faith assessment of the labor hours of a full-time or
part-time employee informed by the employer's existing salary or time and attendance based payroll
systems, unless the project or activity is otherwise subject to requirements specifying time and
attendance reporting.
(b)Additional reporting if Section 3 benchmarks are not met.If the PHA's or other recipient's reporting under
paragraph (a) of this section indicates that the PHA or other recipient has not met the Section 3
benchmarks described in § 75.13, the PHA or other recipient must report in a form prescribed by HUD on
the qualitative nature of its Section 3 compliance activities and those of its contractors and
subcontractors. Such qualitative efforts may, for example, include but are not limited to the following:
(1)Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(2)Provided training or apprenticeship opportunities.
(3)Provided technical assistance to help Section 3 workers compete for jobs (e.g.,resume assistance,
coaching).
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.13(b)(3)(ii)
24 CFR 75.15(b)(3) (enhanced display)page 7 of 14
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§ 75.17 Contract provisions.
Subpart C—Additional Provisions for Housing and Community Development Financial
Assistance
§ 75.19 Requirements.
(4)Provided or connected Section 3 workers with assistance in seeking employment including: drafting
resumes, preparing for interviews, and finding job opportunities connecting residents to job
placement services.
(5)Held one or more job fairs.
(6)Provided or referred Section 3 workers to services supporting work readiness and retention (e.g.,
work readiness activities, interview clothing, test fees, transportation, child care).
(7)Provided assistance to apply for/or attend community college, a four-year educational institution, or
vocational/technical training.
(8)Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(9)Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(10)Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11)Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
(12)Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3
business concerns.
(13)Promoted use of business registries designed to create opportunities for disadvantaged and small
businesses.
(14)Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of
the Workforce Innovation and Opportunity Act.
(c)Reporting frequency.Unless otherwise provided, PHAs or other recipients must report annually to HUD
under paragraph (a) of this section, and, where required, under paragraph (b) of this section, in a manner
consistent with reporting requirements for the applicable HUD program.
(d)Reporting by Small PHAs.Small PHAs may elect not to report under paragraph (a) of this section. Small
PHAs that make such election are required to report on their qualitative efforts, as described in paragraph
(b) of this section, in a manner consistent with reporting requirements for the applicable HUD program.
(a)PHAs or other recipients must include language in any agreement or contract to apply Section 3 to
contractors.
(b)PHAs or other recipients must require contractors to include language in any contract or agreement to
apply Section 3 to subcontractors.
(c)PHAs or other recipients must require all contractors and subcontractors to meet the requirements of §
75.9, regardless of whether Section 3 language is included in contracts.
(a)Employment and training.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.15(b)(4)
24 CFR 75.19(a) (enhanced display)page 8 of 14
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§ 75.21 Targeted Section 3 worker for housing and community development financial
assistance.
§ 75.23 Section 3 safe harbor.
(1)To the greatest extent feasible, and consistent with existing Federal, state, and local laws and
regulations, recipients covered by this subpart shall ensure that employment and training
opportunities arising in connection with Section 3 projects are provided to Section 3 workers within
the metropolitan area (or nonmetropolitan county) in which the project is located.
(2)Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section
should be given to:
(i)Section 3 workers residing within the service area or the neighborhood of the project, and
(ii)Participants in YouthBuild programs.
(b)Contracting.
(1)To the greatest extent feasible, and consistent with existing Federal, state, and local laws and
regulations, recipients covered by this subpart shall ensure contracts for work awarded in
connection with Section 3 projects are provided to business concerns that provide economic
opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county)
in which the project is located.
(2)Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section
should be given to:
(i)Section 3 business concerns that provide economic opportunities to Section 3 workers residing
within the service area or the neighborhood of the project, and
(ii)YouthBuild programs.
(a)Targeted Section 3 worker.A Targeted Section 3 worker for housing and community development financial
assistance means a Section 3 worker who is:
(1)A worker employed by a Section 3 business concern; or
(2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
(i)Living within the service area or the neighborhood of the project, as defined in § 75.5; or
(ii)A YouthBuild participant.
(b)[Reserved]
(a)General.Recipients will be considered to have complied with requirements in this part, in the absence of
evidence to the contrary if they:
(1)Certify that they have followed the prioritization of effort in § 75.19; and
(2)Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b)Establishing benchmarks.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.19(a)(1)
24 CFR 75.23(b) (enhanced display)page 9 of 14
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§ 75.25 Reporting.
(1)HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or
both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide
benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3
workers, or may establish multiple benchmarks based on geography, the nature of the Section 3
project, or other variables. HUD will update the benchmarks through a document published in the
FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such
notice shall include aggregate data on labor hours and the proportion of recipients meeting
benchmarks, as well as other metrics reported pursuant to § 75.25 as deemed appropriate by HUD,
for the 3 most recent reporting years.
(2)In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours
worked by specific categories of workers or in different localities or regions; averages for labor hours
worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to
this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks,
HUD will exclude professional services from the total number of labor hours as such hours are
excluded from the total number of labor hours to be reported per § 75.25(a)(4).
(3)Section 3 benchmarks will consist of the following two ratios:
(i)The number of labor hours worked by Section 3 workers divided by the total number of labor
hours worked by all workers on a Section 3 project in the recipient's program year.
(ii)The number of labor hours worked by Targeted Section 3 workers as defined in § 75.21(a),
divided by the total number of labor hours worked by all workers on a Section 3 project in the
recipient's program year.
(a)Reporting of labor hours.
(1)For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i)The total number of labor hours worked;
(ii)The total number of labor hours worked by Section 3 workers; and
(iii)The total number of labor hours worked by Targeted Section 3 workers.
(2)Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from
when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §
75.31.
(3)The labor hours reported under paragraph (a)(1) of this section must include the total number of
labor hours worked on a Section 3 project, including labor hours worked by any subrecipients,
contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4)
of this section, to report.
(4)Recipients reporting under this section, as well as subrecipients, contractors and subcontractors
who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of
this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this
section, from professional services without including labor hours from professional services in the
total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.23(b)(1)
24 CFR 75.25(a)(4) (enhanced display)page 10 of 14
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both professional services and other work and the recipient or contractor or subcontractor chooses
not to report labor hours from professional services, the labor hours under the contract that are not
from professional services must still be reported.
(5)Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor
based on the employer's good faith assessment of the labor hours of a full-time or part-time
employee informed by the employer's existing salary or time and attendance based payroll systems,
unless the project or activity is otherwise subject to requirements specifying time and attendance
reporting.
(b)Additional reporting if Section 3 benchmarks are not met.If the recipient's reporting under paragraph (a) of
this section indicates that the recipient has not met the Section 3 benchmarks described in § 75.23, the
recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its
contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not
limited to the following:
(1)Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(2)Provided training or apprenticeship opportunities.
(3)Provided technical assistance to help Section 3 workers compete for jobs (e.g.,resume assistance,
coaching).
(4)Provided or connected Section 3 workers with assistance in seeking employment including: drafting
resumes, preparing for interviews, and finding job opportunities connecting residents to job
placement services.
(5)Held one or more job fairs.
(6)Provided or referred Section 3 workers to services supporting work readiness and retention (e.g.,
work readiness activities, interview clothing, test fees, transportation, child care).
(7)Provided assistance to apply for/or attend community college, a four-year educational institution, or
vocational/technical training.
(8)Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(9)Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(10)Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11)Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
(12)Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3
business concerns.
(13)Promoted use of business registries designed to create opportunities for disadvantaged and small
businesses.
(14)Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of
the Workforce Innovation and Opportunity Act.
(c)Reporting frequency.Unless otherwise provided, recipients must report annually to HUD under paragraph
(a) of this section, and, where required, under paragraph (b) of this section, on all projects completed
within the reporting year in a manner consistent with reporting requirements for the applicable HUD
program.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.25(a)(5)
24 CFR 75.25(c) (enhanced display)page 11 of 14
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§ 75.27 Contract provisions.
Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§ 75.29 Multiple funding sources.
§ 75.31 Recordkeeping.
(a)Recipients must include language applying Section 3 requirements in any subrecipient agreement or
contract for a Section 3 project.
(b)Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the
requirements of § 75.19, regardless of whether Section 3 language is included in recipient or subrecipient
agreements, program regulatory agreements, or contracts.
(a)If a housing rehabilitation, housing construction or other public construction project is subject to Section 3
pursuant to § 75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing
financial assistance and may follow either subpart B or C of this part for the housing and community
development financial assistance. For such a project, the following applies:
(1)For housing and community development financial assistance, a Targeted Section 3 worker is any
worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part;
and
(2)The recipients of both sources of funding shall report on the housing rehabilitation, housing
construction, or other public construction project as a whole and shall identify the multiple
associated recipients. PHAs and other recipients must report the following information:
(i)The total number of labor hours worked on the project;
(ii)The total number of labor hours worked by Section 3 workers on the project; and
(iii)The total number of labor hours worked by Targeted Section 3 workers on the project.
(b)If a housing rehabilitation, housing construction, or other public construction project is subject to Section
3 because the project is assisted with funding from multiple sources of housing and community
development assistance that exceed the thresholds in § 75.3(a)(2), the recipient or recipients must follow
subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
(a)HUD shall have access to all records, reports, and other documents or items of the recipient that are
maintained to demonstrate compliance with the requirements of this part, or that are maintained in
accordance with the regulations governing the specific HUD program by which the Section 3 project is
governed, or the public housing financial assistance is provided or otherwise made available to the
recipient, subrecipient, contractor, or subcontractor.
(b)Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that
employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3
worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1)For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i)A worker's self-certification that their income is below the income limit from the prior calendar
year;
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.27
24 CFR 75.31(b)(1)(i) (enhanced display)page 12 of 14
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§ 75.33 Compliance.
(ii)A worker's self-certification of participation in a means-tested program such as public housing
or Section 8-assisted housing;
(iii)Certification from a PHA, or the owner or property manager of project-based Section 8-assisted
housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a
participant in one of their programs;
(iv)An employer's certification that the worker's income from that employer is below the income
limit when based on an employer's calculation of what the worker's wage rate would translate
to if annualized on a full-time basis; or
(v)An employer's certification that the worker is employed by a Section 3 business concern.
(2)For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i)For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A)A worker's self-certification of participation in public housing or Section 8-assisted
housing programs;
(B)Certification from a PHA, or the owner or property manager of project-based Section
8-assisted housing, or the administrator of tenant-based Section 8-assisted housing that
the worker is a participant in one of their programs;
(C)An employer's certification that the worker is employed by a Section 3 business concern;
or
(D)A worker's certification that the worker is a YouthBuild participant.
(ii)For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A)An employer's confirmation that a worker's residence is within one mile of the work site or,
if fewer than 5,000 people live within one mile of a work site, within a circle centered on
the work site that is sufficient to encompass a population of 5,000 people according to the
most recent U.S. Census;
(B)An employer's certification that the worker is employed by a Section 3 business concern;
or
(C)A worker's self-certification that the worker is a YouthBuild participant.
(c)The documentation described in paragraph (b) of this section must be maintained for the time period
required for record retentions in accordance with applicable program regulations or, in the absence of
applicable program regulations, in accordance with 2 CFR part 200.
(d)A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from
when their certification as a Section 3 worker or Targeted Section 3 worker is established.
(a)Records of compliance.Each recipient shall maintain adequate records demonstrating compliance with
this part, consistent with other recordkeeping requirements in 2 CFR part 200.
(b)Complaints.Complaints alleging failure of compliance with this part may be reported to the HUD program
office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD
field office.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.31(b)(1)(ii)
24 CFR 75.33(b) (enhanced display)page 13 of 14
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(c)Monitoring.HUD will monitor compliance with the requirements of this part. The applicable HUD program
office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose
appropriate remedies and sanctions in accordance with the laws and regulations for the program under
which the violation was found.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.33(c)
24 CFR 75.33(c) (enhanced display)page 14 of 14
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Quantity Unit Unit Price Total Price
1 Mobilization 1 LS 4,000.00$ $4,000.00
2 Remove existing fixtures (toilets, sinks, urinals) in Men's and Women's
restrooms 10 EA 100.00$ $1,000.00
3 Remove existing weight mats, punch bags, and their supports/fixtures. Clean
the GYM floor before the installation of the new weight mats.
1LS 8,000.00$ $8,000.00
4 Not uses $0.00
5
Remove existing AC condensers (5 ton) including disconnect boxes from the
roof (see attached pictures); cap/plug any open lines; cover open area of the
roof to prevent rain entering the building until the new AC units are installed
4EA 2,000.00$ $8,000.00
6 Remove the related fan coils from the attic 4EA 2,000.00$ $8,000.00
7 Remove existing asphalt walkway, and ADA asphalt path of travel per plan 1,100 SF 20.00$ $22,000.00
8 Remove existing PCC pad/ walkway at west entrance of the building per plan 338 SF 100.00$ $33,800.00
9 Remove/cut 4 feet of existing fence and curb to allow for ADA path of travel.4LF 500.00$ $2,000.00
10 Remove existing drinking water fountain and cap water line 1 EA 600.00$ $600.00
11 Furnish and install new restroom fixtures (toilets, sinks, urinals).Use Kohler
brand fixtures.10 EA 70.00$ $700.00
12 Furnish paint; Patch and paint restroom walls (men's and women's
restrooms).Submit type of paint for approval by the city 1LS 16,000.00$ $16,000.00
13
Furnish and install new weight mats on top of the existing floor(2700 sq. ft.)
Use “Greatmats” brand, 3/8 inch x 4 ft. wide with blue dots. See attached
picture. Re-install the support/fixtures for the punch bags.
1LS 5,000.00$ $5,000.00
14 Install new ac condenser units on the roof, including supporting equipment.
Condenser units are provided by the City of San Bernardino (maintenance)4EA 2,000.00$ $8,000.00
15 Furnish and install new fan coils in the attic. Match to existing controls/systems 4EA 6,000.00$ $24,000.00
16 Construct 4” thick PCC walkway (ADA path), including 95% subgrade
compaction per plan and specifications. Use concrete class 560-C-3250 1450 SF 100.00$ $145,000.00
17 Furnish and install new fence- post to support the fence 1 LS 2,000.00$ $2,000.00
18 Patch/ repair curb/ gate-post base (see attached picture) 1 LS 3,000.00$ $3,000.00
19
Remove existing double doors on the south and west side of the building, and
install new ADA compliant double doors, with panel bars and door closures,
including doorbell & wiring. Submit door data sheets to the City for approval.
Doors to be vandal proof.
2EA 10,000.00$ $20,000.00
20
Apply 4” wide thermoplastic reflective white Striping, and blue borders for
Handicap path per 2023 Caltrans Standard A90A per specification and
Project Plans.
1LS 5,000.00$ $5,000.00
21 Construction 4’ x 8’ project sign 1EA 3,000.00$ $3,000.00
22 Furnish paint, and paint men’s and women’s restroom floors with epoxy paint.1LS 8,000.00$ $8,000.00
Apparent Low Bidder 1
$327,100.00
$327,100.00
BID RANKING
TOTAL BID AMOUNT INDICATED BY BIDDER
BID TABULATION
1. BID TABULATION
PROJECT NAME: IMPROVEMENTS AT RUBEN CAMPOS COMMUNITY CENTER
PROJECT NO: GB 25-007
Bid Item and Description
Apparent Low Bidder 1
Perfection Painting Corp
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES
CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID
AMOUNT
S:\ENGINEERING\RFCA's\2025 All\1.15.2025\Award Ruben Campos Community Center\Ruben Campos Bid AnalysisBID TABULATION 1 of 1
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Attachment 5
Project Location
400 ft
N
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Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Award of Construction Agreement for Improvements
at Encanto Park to Global Builders Inc., and Authorize
a Project Budget of $238,665.60 (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-019:
1. Approving the award of a Construction Agreement with Global Builders Inc. in
the amount of $198,888.00 for Improvements at Encanto Park (Project); and
2. Authorizing the construction contingencies, construction management, and
administrative costs in the total amount of $39,777.60 for the construction of the
project.
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP budget with an additional $24,178.80 from the AB 1600 Parkland
and Op Fund to bring the total project budget to $238,665.60.
4. Authorizing the City Manager or designee to execute all documents with Global
Builders Inc.; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
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Executive Summary
Awarding the Agreement for construction of the Encanto Park Improvements Project
would enhance the facility ensuring that it continues to serve as a vital resource for
our community. The Agreement would allow the City to issue Global Builders Inc. a
Notice to Proceed, initiating the process to construct the improvements. The
agreement will include Global Builder’s construction fee of $198,888.00. Additional
funds are recommended for design contingencies in the amount of $24,178.80. The
total cost of design and design contingencies is $238,665.60. The improvements at
Encanto Park include upgrading and adding chain link fences, leveling the fields,
replacing bleachers and benches, and enhancing accessibility with new ADA
parking, paths, and ramps.
Background
The Encanto Park, located at 1180 W. 9th Street encompasses 8.9 acres of
recreational space designed to serve the local community. The park features two
adult softball diamonds, two outdoor handball courts, and a playground area,
providing ample opportunities for recreational activities for individuals and families.
Additionally, the park includes a picnic shelter, picnic tables, a restroom facility, and
park benches, offering comfort and convenience for visitors. The site also houses a
community center, which serves as a central hub for community programs and
events. These amenities make the park a valuable asset to the surrounding area,
supporting a wide range of recreational and social activities for residents of all ages.
On May 15, 2024, the Mayor and City Council adopted the Fiscal Year 2024-25
Annual Action Plan for the Community Development Block Grant (CDBG), HOME
Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs.
These federal funding programs are designed to support the City’s efforts in
addressing affordable housing, homelessness prevention, community development,
and public services. The Annual Action Plan outlines how the City will allocate these
funds to meet identified community needs and priorities for the upcoming fiscal year.
As part of the Fiscal Year 2024-25 Community Development Block Grant (CDBG)
allocation, $250,000 has been designated for improvements at Encanto Park. This
funding will be used for capital improvement projects to enhance the park’s facilities
and provide a better environment for community activities. The goal of the CDBG
program is to support urban development by improving public spaces, increasing
accessibility, and promoting economic opportunities for low- and moderate-income
residents.
Encanto Park, as one of the City's key public facilities, will benefit from these
improvements, which will support recreational and social activities for the local
community. This funding is part of a larger $1 million allocation for public facilities,
which also includes similar improvements at Gutierez Park and the Ruben Campos
Community Center. The Encanto Park improvements are intended to enhance the
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overall experience for visitors and ensure that the park remains a valuable resource
for all residents.
Discussion
The proposed work for the improvements at Encanto Park will focus on enhancing
accessibility and overall functionality. The scope of the project includes replacing
and adding chain link fences around the fields to improve security and organization
of the space. The fields will undergo laser leveling (excluding turf areas) to ensure
a smooth and even playing surface, enhancing the quality of sports activities.
Additionally, the existing bleachers and benches will be removed and replaced with
updated, more durable seating to improve spectator comfort. To ensure compliance
with accessibility standards, the project will also include the addition of ADA-
compliant parking spaces, a new ADA path of travel throughout the park, and an
ADA ramp for easier access to all areas of the park. These improvements are aimed
at making the park more accessible and enjoyable for all community members,
ensuring that it meets the needs of residents with diverse abilities.
Staff recommends authorizing the City Manager or their designee to execute all
necessary documents with Global Builders Inc. and to manage the project, including
the expenditure of contingency funds if needed. These actions are necessary to
ensure the successful completion of Encanto Park Improvement project, which will
provide valuable community engagement opportunities at this park. The
recommended actions are aimed at facilitating the timely and efficient progress of
this project.
The Project was advertised for public bidding on November 13, 2024 on PlanetBids.
Four sealed bids were received and opened on December 4, 2024. The total base bid
prices are as follows:
Staff has reviewed all bid packages and determined Global Builders Inc. of Laguna
Hills, CA, is the lowest responsible and responsive bidder with a total base bid
amount of $198,888.00.
Initially, $250,000 was adopted for this project from CDBG fund. From this amount,
several expenses have been deducted, including $13,360 for environmental review
services provided by Ultrasystems Inc., $20,000 for labor compliance, and
$2,153.20 for a Daily Journal advertisement. After accounting for these
expenditures, the remaining available budget is $214,486.80.
Bidder City Base Bid
Shirez Construction Sherman Oaks, CA $244,444.00
Global Builders Inc. Laguna Hills, CA $198,888.00
CSI Services San Pedro, CA $397,300.00
Zeco Inc Yorba Linda, CA $210,431.11
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The lowest bid received for the construction work is $198,888.00. Additionally, there
is a contingency and administrative cost of $39,777.60, which covers unexpected
expenses and project management. With these amounts added together, the total
construction cost for the project is $238,665.60.
The total remaining budget from the CDBG Fund is $214,486.80. However, the total
construction cost is $238,665.60, which exceeds the available CDBG funds. As a
result, there is a funding shortfall of $24,178.80 which represents the additional amount
required to fully finance the project. Therefore, the project needs an additional
$24,178.80 in funding beyond the current CDBG allocation to cover the total
construction expenses.
To address this shortfall, Staff proposes this project be funded using two sources: the
remaining CDBG Fund balance of $214,486.80 and the additional $24,178.80 from the
AB 1600 Parkland and Operations Fund. Together, these funds make up the total
project budget of $238,665.60, ensuring that all project expenses are covered.
Below is the tentative construction schedule outlining the anticipated timeline and key
milestones for this Project, emphasizing that it is subject to adjustments due to
contingencies and unforeseen circumstances. The Contractor shall complete all work
Cost
Adopted CDBG Budget $250,000.00
Environmental Review - Ultrasystems Inc ($13,360.00)
Estimated Labor Compliance ($20,000.00)
Advertisement - Daily Journal Corporation ($2,153.20)
Remaining Budget $214,486.80
Bid
Lowest Bid $198,888.00
Contingency & Administrative Cost $39,777.60
Total Construction Cost $238,665.60
Budget
Remaining Budget - CDBG $214,486.80
Total Construction Cost ($238,665.60)
Additional Funding Required ($24,178.80)
Proposed Budget
CDBG Fund $214,486.80
AB 1600 Parkland and Op Fund $24,178.80
Total Project Budget $238,665.60
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required by the Contract Documents within sixty (60) calendar days from the
commencement date stated in the Notice to Proceed.
Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or
Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or
reconstruction of existing structures or facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the
same purpose and capacity as the structure replaced. Here, the Project involves
reconstructing the park facilities located on the same site.
The City has also considered whether the proposed Project is subject to any
exception to the Class 2 exemption, as set forth in State CEQA Guidelines section
15300.2. No exception applies for the following reasons:
a) The location exception only applies to Class 3, 4, 5, 6, and 11
exemptions, none of which are being utilized here.
b) The proposed Project would not result in any significant
cumulative impacts on the environment. The cumulative impacts
exception does not apply because the Project has no
incrementally significant impacts on the environment.
c) A categorical exemption may be subject to an exception where
there is a reasonable possibility that the activity will have a
significant effect on the environment due to unusual
circumstances. The proposed Project does not involve any
unusual circumstances and has no potential to result in a
Mayor and City
Council Approval
January 15, 2025
Contract Execution
& P.O Issuance
Feburary 2025
Pre-Construction
Meeting
March 2025
Notice to Proceed
March 2025
Construction Start
April 2025
Construction
Completed
June 2025
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significant impact on the environment.
d) Under the “scenic highways” exception, a categorical exemption
may be subject to an exception where the project may result in
damage to scenic resources within a highway officially
designated as a state scenic highway. The exception does not
apply here as the Project would not damage any scenic
resources within a state scenic highway.
e) The Project is not located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code.
f) The Project site does not contain a historical resource.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this agreement aligns with the Key Target No. 3:
Improved Quality of Life. The completion of this project will improve the community’s
quality of life by providing safe and well-maintained park facilities.
Fiscal Impact
There is no General Fund impact associated with this action. The project will be
funded using existing CDBG funding and an additional $24,178.80 from the AB 1600
Parkland and Op Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-019:
1. Approving the award of a Construction Agreement with Global Builders Inc. in
the amount of $198,888.00 for the Improvements at Encanto Park (Project); and
2. Authorizing construction contingencies, construction management, and
administrative costs in the total amount of $39,777.60 for the construction of the
project.
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP budget with an additional $24,178.80 from the AB 1600 Parkland
and Op Fund to bring the total project budget to $238,665.60.
4. Authorizing the City Manager or designee to execute all documents with Global
Builders Inc.; and
5. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
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4
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9
6. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
Attachments
Attachment 1 Resolution No. 2025-019
Attachment 2 Agreement with Global Builders Inc.
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Ward:
First Ward
Synopsis of Previous Council Actions:
May 15, 2024 Adopt Fiscal Year 2024-25 Annual Action Plan for the
Community Development Block Grant, HOME Investment
Partnership and Emergency Solutions Grant Programs (All
Wards)
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Resolution No. 2025-019
Resolution 2025-019
January 15, 2025
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RESOLUTION NO. 2025-019
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF AN AGREEMENT WITH
GLOBAL BUILDERS INC. IN THE AMOUNT OF $198,888.00
FOR THE IMPROVEMENTS AT ENCANTO PARK
(PROJECT); AUTHORIZING THE CONSTRUCTION
CONTINGENCIES, CONSTRUCTION MANAGEMENT,
AND ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT
OF $39,777.60 FOR CONSTRUCTION OF THE PROJECT;
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
CIP BUDGET WITH AN ADDITIONAL $24,178.80 FROM
THE AB 1600 PARKLAND AND OP FUND TO BRING THE
TOTAL PROJECT BUDGET TO $238,665.60;
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL DOCUMENTS WITH GLOBAL BUILDERS
INC.; AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF
NECESSARY, TO COMPLETE THE PROJECT; AND
FINDING THE PROJECT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO STATE CEQA GUIDELINES SECTION
15302 (“REPLACEMENT OR RECONSTRUCTION”).
WHEREAS, the City of San Bernardino (“City”) desires to improve Encanto Park
amenities to enhance accessibility, functionality, and safety for all visitors (the “Improvements at
Encanto Park Project”); and
WHEREAS, the Encanto Park seeks to replace and add chain link fences, laser leveling
the fields, replace bleachers and benches, and add an ADA-compliant parking spaces, pathways,
and ramps to enhance security, organization, accessibility, and spectator comfort.
WHEREAS, the improvements at Encanto Park aims to make the park more accessible
and enjoyable for all community members; and
WHEREAS, on May 15, 2024, the Mayor, and City Council adopted Fiscal Year 2024-25
Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership
and Emergency Solutions Grant Programs; and
WHEREAS, the designated funds are focused on critical infrastructure projects within the
City, including the Improvements at Encanto Park Project; and
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Resolution No. 2025-019
Resolution 2025-019
January 15, 2025
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WHEREAS, the Improvements at Encanto Park Project was advertised for public bidding
on November 13, 2024, on PlanetBids with the City receiving four sealed bids; and
WHEREAS, City staff reviewed all bid packages and determined that Global Builders Inc.
was the lowest responsible and responsive bidder; and
WHEREAS, an additional budget action is needed to provide full funding for the
Improvements at Encanto Park Project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve
the award of an Agreement with Global Builders Inc. in the amount of $198,888 for Improvements
at Encanto Park Center (Project).
SECTION 3. The Mayor and City Council hereby authorize the construction
contingencies, construction management, and administrative costs in the total amount of
$39,777.60 for construction of the Project.
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the FY 2024/25 CIP budget with an additional $24,178.80 from
the AB 1600 Parkland and Op Fund to bring the total project budget to $238,665.60.
SECTION 5. The Mayor and City Council hereby authorize the City Manager or
designee to execute all documents with Global Builders Inc.
SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee
to expend the contingency fund, if necessary, to complete the project.
SECTION 7.The Mayor and City Council finds this Resolution is categorically exempt
from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines
Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allows for
the replacement or reconstruction of existing structures or facilities where the new structure will
be located on the same site as the structure replaced and will have substantially the same purpose
and capacity as the structure replaced. Here, the Project involves reconstructing the previously
fire-damaged skate park with new structures located on the same site that will serve as the new
skate park. The Mayor and City Council also find this Resolution is also not subject to any
exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2.
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Resolution No. 2025-019
Resolution 2025-019
January 15, 2025
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SECTION 8.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 9. 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 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-019
Resolution 2025-019
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-019, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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IMPROVEMENTS AT ENCANTO PARK
-1- 00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. PR 25-008 is made and entered into this 15th
day of January, 2025 by and between the CITY OF SAN BERNARDINO , with its principal
place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401,
sometimes hereinafter called the “City” and Global Builders Inc., sometimes hereinafter called
“Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete all of the
Work required in strict compliance with the Contract Documents as specified in Article 5, below,
for the following Project:
Improvements at Encanto Park
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by
the Contract Documents within sixty (60) calendar days from the commencement date stated in
the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set
forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and including all
applicable taxes and costs, the sum of One Hundred Ninety-Eight Thousand Eighty-Eight Dollars
($198,888). Payment shall be made as set forth in the General Conditions. The City will pay to
Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature of the
Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
Contractor will pay the City the sum of One Thousand Dollars ($1,000.00) for each and every
calendar day of delay beyond the time prescribed in the Contract Documents for finishing the
Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the
Contractor agrees the City may deduct that amount from any money due or that may become due
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IMPROVEMENTS AT ENCANTO PARK
-2- 00 52 13 – CONTRACT FOR CONSTRUCTION
the Contractor under the Contract. This Section does not exclude recovery of other damages
specified in the Contract Documents. Liquidated damages may be deducted from progress
payments due Contractor, Project retention or may be collected directly from Contractor, or from
Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case
of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Reference Specifications
Approved and fully executed Change Orders
Permits
Project Signs (4’x8’)
City of San Bernardino Business Registration Application Form
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
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IMPROVEMENTS AT ENCANTO PARK
-3- 00 52 13 – CONTRACT FOR CONSTRUCTION
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state and local laws, rules and regulations, including, but not
limited to, the provisions of the California Labor Code and California Public Contract Code which
are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
This is a federally assisted construction contract. Federal labor standards provisions outlined in
the HUD-4010 form, including the prevailing wage requirements of the Davis-Bacon and Related
Acts (DBRA), will be enforced. The applicable Federal wage decision is the one in effect ten (10)
days prior to bid opening; it is included in these specifications and is available online at
https://sam.gov/content/wage-determinations. In the event of a conflict between the Federal and
State wage rates, the higher of the two will prevail. The State wage rates are available online at
http://www.dir.ca.gov/DLSR/PWD/index.htm. Lower State wage rates for work classifications not
specifically included in the Federal wage decision are not acceptable.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’
fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding
on public contracts for a period of up to five (5) years.
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IMPROVEMENTS AT ENCANTO PARK
-4- 00 52 13 – CONTRACT FOR CONSTRUCTION
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF SAN BERNARDINO
By:
Rochelle Clayton
Acting City Manager
ATTEST:
By:
Genova Rocha, CMC, City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
Global Builders Inc.
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
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IMPROVEMENTS AT ENCANTO PARK
-5- 00 52 13 – CONTRACT FOR CONSTRUCTION
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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IMPROVEMENTS AT ENCANTO PARK
-6- 00 61 13 – BOND FORMS
00 61 13 – BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as
the “City”) has awarded to _________________________, (hereinafter referred to as the
“Contractor”) an agreement for Contract No._________, (hereinafter referred to as the
“Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and
________________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of ___________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total
amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees including reasonable
attorney’s fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by the City, during which time if
Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally
protect the City from loss or damage resulting from or caused by defective materials or faulty
workmanship. The obligations of Surety hereunder shall continue so long as any obligation of
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IMPROVEMENTS AT ENCANTO PARK
-7- 00 61 13 – BOND FORMS
Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s
obligations under the Contract, law or equity, including, but not limited to, California Code of
Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project.
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IMPROVEMENTS AT ENCANTO PARK
-8- 00 61 13 – BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of ___________________________________________
process in California, if different ___________________________________________
from above)
(Telephone number of Surety ___________________________________________
and Agent or Representative for
service of process in California)
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IMPROVEMENTS AT ENCANTO PARK
-9- 00 61 13 – BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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-10- 00 61 13 – BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to
local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
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-11- 00 61 13 – BOND FORMS
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the
“City”), by action taken or a resolution passed ___________________ , 20_____, has awarded
to ________________________ hereinafter designated as the “Principal,” a contract for the
work described as follows: Contract No.____________ (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held
and firmly bound unto the City in the penal sum of ______________ Dollars ($___________)
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other
supplies, used in, upon, for or about the performance of the work contracted to be done, or for
any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or
Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so
as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
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pertaining or relating to any scheme or work of improvement herein above described, or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission or attempted rescission of the contract, agreement or bond,
nor by any conditions precedent or subsequent in the bond attempting to limit the right of
recovery of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant seeking to
recover on the bond and that this bond be construed most strongly against the Surety and in
favor of all persons for whose benefit such bond is given, and under no circumstances shall
Surety be released from liability to those for whose benefit such bond has been given, by
reason of any breach of contract between the owner or the City and original contractor or on the
part of any obligee named in such bond, but the sole conditions of recovery shall be that
claimant is a person described in Civil Code Section 9100, and has not been paid the full
amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract to be performed thereunder, shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of Contract, including but not limited to, the
provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
appeared , who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
END OF PAYMENT BOND
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00 72 00 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS
1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the
terms listed below will have the meanings indicated which are applicable to both the
singular and plural thereof. In addition to terms specifically defined below, terms with
initial capital letters in the Contract Documents include references to identified
articles and paragraphs, and the titles of other documents or forms.
1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or
a tidal wave.
2. Addenda -- Written or graphic instruments issued prior to the submission of Bids
which clarify, correct, or change the Contract Documents.
3. Additional Work -- New or unforeseen work will be classified as “Additional Work”
when the Engineer determines that it is not covered by the Contract.
4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations,
permits, and licenses of any kind, issued by local, state or federal governmental
authorities or private authorities with jurisdiction (including utilities), to the extent
they apply to the Work.
5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting
forth the prices and other terms for the Work to be performed.
6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by
the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into
a written contract.
7. Bidder -- The individual or entity who submits a Bid directly to the City.
8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Times,
issued on or after the Effective Date of the Contract, in accordance with the
Contract Documents and in the form contained in the Contract Documents.
9. Change Order Request (“COR”) -- A request made by the Contractor for an
adjustment in the Contract Price and/or Contract Times as the result of a
Contractor-claimed change to the Work. This term may also be referred to as a
Change Order Proposal (“COP”), or Request for Change (“RFC”).
10. City’s Representative – The City Engineer, and acting through properly authorized
agents, such as the Engineer or such other agents acting within the scope of the
particular duties entrusted to them. Also sometimes referred to as the “City’s
Representative” or “Representative” in the Contract Documents. The terms the
City and Owner may be used interchangeably
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11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of
Contract Price or Contract Times, or both, or other relief with respect to the terms
of the Contract. A demand for money or services by a third party is not a Claim.
12. Contract -- The entire integrated written agreement between the City and
Contractor concerning the Work. “Contract” may be used interchangeably with
“Agreement” in the Contract Documents. The Contract supersedes prior
negotiations, representations, or agreements, whether written or oral, and includes
all Contract Documents.
13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the
Contract for Construction. Some documents provided by the City to the Bidders
and Contractor, including but not limited to reports and drawings of subsurface and
physical conditions are not Contract Documents.
14. Contract Price -- Amount to be paid by the City to the Contractor as full
compensation for the performance of the Contract and completion of the Work,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs.
15. Contract Time -- The number of days or the dates stated in the Contract
Documents to: achieve defined milestones, if any; and to complete the Work so
that it is ready for final payment.
16. Contractor -- The individual or entity with which the City has contracted for
performance of the Work.
17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated
On-Site Representative will be identified by the Contractor and shall not be
changed without prior written consent of the City.
18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported
by documented proof that Contractor made every effort to obtain such materials
from all available sources; (b) such shortage is due to the fact that such materials
are not physically available from single or multiple sources or could have been
obtained only at exorbitant prices entirely inconsistent with current and standard
rates taking into account the quantities involved and the usual industry practices
in obtaining such quantities; and (c) such shortages and the difficulties in obtaining
alternate sources of materials could not have been known or anticipated by
Contractor at the time it submitted its bid or entered the Contract. Market
fluctuations in prices of materials, whether or not resulting from a Force Majeure
Event, does not constitute a Critical Supply Shortage.
19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full
compensation to the Contractor due to the City’s unreasonable delay to the Project
that was not contemplated by the parties.
20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not
conform to the Contract Documents; or that does not meet the requirements of any
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inspection, reference standard, test, or approval referenced in the Contract
Documents.
22. Demobilization -- The complete dismantling and removal by the Contractor of all
of the Contractor’s temporary facilities, equipment, and personnel at the Site.
23. Drawings -- That part of the Contract Documents prepared by of the Engineer of
Record which graphically shows the scope, extent, and character of the Work to
be performed by Contractor. Shop Drawings and other Contractor Submittals are
not Drawings as so defined.
24. Effective Date of the Contract -- The date indicated in the Contract on which it
becomes effective, but if no such date is indicated, it means the date on which the
Contract is signed and delivered by the last of the two parties to sign and deliver.
25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer
authorized to act for and in behalf of the City, acting either directly or through
properly authorized agents, such agents acting severally within the scope of the
particular duties entrusted to them.
26. Force Majeure Event -- An event that materially affects a party’s performance and
is one or more of the following: (1) Acts of God or other natural disasters occurring
at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental
authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required
for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and
other organized labor action occurring at the Site and the effects thereof on the
Work, only to the extent such strikes and other organized labor action are beyond
the control of Contractor and its Subcontractors, of every Tier, and to the extent
the effects thereof cannot be avoided by use of replacement workers; and (6) a
Critical Supply Shortage. For purposes of this section, “orders of governmental
authorities,” includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of the City in its
capacity as a municipal authority.
27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided
in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended
from time to time, or any substance or material identified as hazardous under any
state or federal statute governing handling, disposal and/or cleanup of any such
substance or material, whichever is more restrictive.
28. Holiday – Holidays occur on:
New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
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Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are
both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday
are both Holidays.
29. Notice of Award -- The written notice by the City to the Successful Bidder stating
that upon timely compliance by the Successful Bidder with the conditions
precedent listed therein, the City will sign and deliver the Contract.
30. Notice of Completion -- The form which may be executed by the City constituting
final acceptance of the Project.
31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date
on which the Contractor may proceed with the Work and when Contract Times will
commence to run.
32. Project -- The total construction of which the Work to be performed under the
Contract Documents may be the whole, or a part.
33. Record Drawings – The record set of as-builts prepared by the Contractor during
the Work in accordance with the requirements of the General Conditions.
34. Recyclable Waste Materials -- Materials removed from the Site which are required
to be diverted to a recycling center rather than an area landfill. Recyclable Waste
Materials include, but are not limited to, asphalt, concrete, brick, concrete block,
and rock.
35. Sample -- A physical example furnished by the Contractor to illustrate materials,
equipment or workmanship; to establish standards by which the Work will be
judged.
36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of
required submittals and the time requirements to facilitate scheduled performance
of related construction activities.
37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data
or information which are specifically prepared or assembled by or for Contractor
and submitted by Contractor to illustrate some portion of the Work.
38. Site -- Lands or areas indicated in the Contract Documents as being furnished by
the City upon which the Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands furnished by the City which
are designated for the use of Contractor.
39. Specifications -- That part of the Contract Documents consisting of written
requirements for materials, equipment, systems, standards and workmanship as
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applied to the Work, and certain administrative requirements and procedural
matters applicable thereto.
40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
41. Subcontractor -- An individual or entity other than a Contractor having a contract
with any other entity than the City for performance of any portion of the Work at
the Site.
42. Submittal -- Written and graphic information and physical samples prepared and
supplied by the Contractor demonstrating various portions of the Work.
43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom
the City makes an award.
44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish
materials or equipment used in the performance of the Work or to be incorporated
in the Work.
45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including those that convey electricity,
gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or
traffic or other control systems.
46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by
the Contractor in its Bid or as adjusted in accordance with the Contract Documents.
47. Warranty -- A guarantee provided to the City by the Contractor that the Work will
remain free of defects and suitable for its intended use for the period required by
the Contract Documents or the longest period permitted by the law of this state,
whichever is longer.
48. Work -- The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the
result of performing or providing all labor, services, and documentation necessary
to produce such construction, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract
Documents.
1.2 Terminology.
A. The words and terms below are not defined but, when used in the Contract
Documents, have the indicated meaning.
1. The word “furnish,” when used in connection with services, materials, or
equipment, shall mean to supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use or installation and in
usable or operable condition.
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2. The word “install,” when used in connection with services, materials, or equipment,
shall mean to put into use or place in final position said services, materials, or
equipment complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with services,
materials, or equipment, shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in
connection with services, materials, or equipment, an obligation of Contractor is
implied.
B. Unless stated otherwise in the Contract Documents, words or phrases that have a
well-known technical or construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized meaning.
ARTICLE 2 -PRELIMINARY MATTERS
2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will
execute the Contract, the Contractor shall furnish and file with the City a signed
Contract and the necessary Performance Bond, Payment Bond, and Certificates of
Insurance and Endorsements, as well as any other documents specified in the
Contract Documents.
2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract
Documents, duly executed by a responsible corporate surety admitted to transact
surety business in the State of California, as defined in Code of Civil Procedure
section 995.120, and listed in the United States Department of the Treasury circular
entitled "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies," authorized to do
business in the State of California and acceptable to the City conditioned upon the
faithful performance by the Contractor of all requirements of the Contract
Documents. Each of the bonds shall be in a sum no less than one hundred percent
(100%) of the Contract Price. Bonds shall be delivered to the City within ten (10)
Days after receipt of the Notice of Award and before execution of the Contract by
the City.
2.3 Evidence of Insurance
A. Prior to commencing any Work but no later than ten (10) Days after receipt of the
Notice of Award, the Contractor shall submit or cause to be submitted any and all
Certificates of Insurance and Endorsements, showing that the Contractor has the
required insurance, to the attention of the City. Such insurance is to be provided at
the sole cost and expense of the Contractor. No Work shall be performed until all of
the required insurance has been received and approved.
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2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract,
establishing the Effective Date of the Contract.
2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain
the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to
the Contractor and award the Contract to the next lowest responsive, responsible
bidder as determined by the City. If the City elects to accept bonds and insurance
submitted late, the Contract Times will begin to run as of the date stated in the Notice
to Proceed. However, the number of days beyond the original ten (10) Days it took
to receive the properly executed Contract and related items may be deducted from
the Contract Times.
2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.
Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.
The Contract Times begin to run on the date specified in the Notice to Proceed. No
Work shall be done at the Site prior to the issuance of the Notice to Proceed.
2.7 Copies of Documents
A. Contractor will be furnished, free of charge, five (5) copies of the Contract
Documents. Additional copies may be obtained at cost of reproduction. Contractor
shall maintain a clean, undamaged set of Contract Documents, including Submittals,
at the Project site.
2.8 Substitution Requests, Schedule of Submittals, and Schedule
A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless
otherwise specified in the Contract Documents), Contractor shall provide all
substitution requests as further described in Section 00 72 00, Article 6.5.
B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of
Proceed (unless otherwise specified in the Contract Documents), Contractor shall
submit to the City a Schedule of Submittals that conforms with the requirements of
Section 00 72 00, Article 5.21.
C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless
otherwise specified in the Contract Documents), the Contractor shall submit a
construction schedule that conforms with the requirements of Section 00 72 00,
Article 8.2.
2.9 Preconstruction Conference; Designation of Authorized Representatives.
A. Before any Work at the Site is started, a conference attended by the City, Contractor,
Engineer, and others as appropriate will be held to establish a working
understanding among the parties as to the Work and to discuss the schedules
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referred to herein, procedures for handling Submittals and Shop Drawings,
processing applications for payment, and maintaining required records.
B. At this conference the City and Contractor each shall designate, in writing, a specific
individual to act as its authorized representative with respect to the services and
responsibilities under the Contract. Such individuals shall have the authority to
transmit instructions, receive information, render decisions relative to the Contract,
and otherwise act on behalf of each respective party.
2.10 Subcontractor Mobilization Meeting.
A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the
involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the
schedule, coordination, procedures, and other administrative issues.
2.11 Authority of Board; Engineer
A. The Board has the final authority in all matters affecting the Work. Within the scope
of the Contract, the Engineer has the authority to enforce compliance with the
Contract Documents. The Contractor shall promptly comply with instructions from
the Engineer.
B. The decision of the Engineer is final and binding on all questions relating to:
1. quantities;
2. acceptability of material, equipment, or work;
3. execution, progress or sequence of work;
4. interpretation of the Plans, Specifications, or other Contract Documents; and
5. Any other areas specifically identified in the Contract Documents or under the law.
C. Compliance with instructions from the Engineer shall be a condition precedent to any
payment under the Contract, unless otherwise ordered by the Board.
2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work
in advance of construction operations and not directly attributable to any specific bid
item will be included in the progress estimate. When no bid item is provided for
mobilization payment for such costs will be deemed to be included in the other items
of the Work.
B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall
constitute full compensation for all such Work. No payment for mobilization will be
made until all of the listed items have been completed to the satisfaction of the
Engineer. The scope of the Work included under mobilization shall include, but shall
not be limited to, the following principal items:
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1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project Site of all Contractor’s plant and equipment required for
the first month’s operations.
3. Installing temporary construction power, wiring, and lighting facilities, as
applicable.
4. Establishing fire protection system, as applicable.
5. Developing and installing a construction water supply, as applicable.
6. Providing and maintaining the field office trailers for the Contractor, if necessary,
and the Engineer (if specified), complete, with all specified furnishings and utility
services.
7. Providing on-site sanitary facilities and potable water facilities as specified per Cal-
OSHA and these Contract Documents.
8. Furnishing, installing, and maintaining all storage buildings or sheds required for
temporary storage of products, equipment, or materials that have not yet been
installed in the Work. All such storage shall meet manufacturer’s specified storage
requirements, and the specific provisions of the specifications, including
temperature and humidity control, if recommended by the manufacturer, and for
all security.
9. Arranging for and erection of Contractor’s work and storage yard.
10. Posting all OSHA required notices and establishment of safety programs per Cal-
OSHA.
11. Full-time presence of Contractor’s superintendent at the job Site as required
herein.
12. Submittal of construction schedule as required by the Contract Documents.
ARTICLE 3 -CONTRACT DOCUMENTS; INTENT
3.1 Examination of Drawings, Specifications, and Site of Work
A. Examination of Contract Documents; Site. Before commencing any portion of the
Work, Contractor shall again carefully examine all applicable Contract Documents,
the Project Site, and other information given to Contractor as to materials and
methods of construction and other Project requirements. Contractor shall
immediately notify the Engineer of any potential error, inconsistency, ambiguity,
conflict, or lack of detail or explanation. If Contractor performs, permits, or causes
the performance of any Work which is in error, inconsistent or ambiguous, or not
sufficiently detailed or explained, Contractor shall bear any and all resulting costs,
including, without limitation, the cost of correction. In no case shall the Contractor
or any Subcontractor proceed with Work if uncertain as to the applicable
requirements.
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B. Additional Instructions. After notification of any error, inconsistency, ambiguity,
conflict, or lack of detail or explanation, the Engineer will provide any required
additional instructions, by means of drawings or other written direction, necessary
for proper execution of Work.
C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best
quality of their respective kinds and the Contractor must use all diligence to inform
itself fully as to the required construction and finish.
D. Contractor’s Variation from Contract Document Requirements. If it is found that the
Contractor has varied from the requirements of the Contract Documents including
the requirement to comply with all Applicable Laws, the Engineer may at any time,
before or after completion of the Work, order the improper Work removed, remade
or replaced by the Contractor at the Contractor’s expense.
3.2 Intent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be
binding as if required by all. It is the intent of the Contract Documents to describe a
functionally complete Project (or part thereof) to be constructed in accordance with
the Contract Documents. Any labor, documentation, services, materials, or
equipment that reasonably may be inferred from the Contract Documents or from
prevailing custom or trade usage as being required to produce the indicated result
will be provided whether or not specifically called for, at no additional cost to the City.
B. The Contractor shall furnish, unless otherwise provided in the Contract Documents,
all materials, implements, machinery, equipment, tools, supplies and labor
necessary to the prosecution and completion of the Project.
C. Clarifications and interpretations of the Contract Documents shall be issued by the
Engineer as provided in these General Conditions.
D. If utilities to equipment/fixtures are not shown but are necessary to operate the
equipment/fixtures, the utilities service installation is considered to be part of the
Work. The implied Work will conform to the appropriate sections of the Contract
Documents.
E. Organization of the Contract Documents into divisions, sections, and articles, and
arrangement of drawings shall not control the Contractor in dividing Work among
Subcontractors or in establishing the extent of Work to be performed by any trade.
3.3 Reference Standards.
A. Standards, Specifications, Codes, Laws, and Regulations.
1. Reference to federal specifications, federal standards, other standards,
specifications, manuals, or codes of any technical society, organization, or
association, or to Applicable Laws, whether such reference be specific or by
implication, shall mean the standard, specification, manual, code, or Applicable
Laws in effect at the time of opening of Bids (or on the Effective Date of the
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Contract if there were no Bids), except as may be otherwise specifically stated in
the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any
instruction of a Supplier, shall be effective to change the duties or responsibilities
of the City, Contractor, or any of their Subcontractors, consultants, agents, or
employees, from those set forth in the Contract Documents. No such provision or
instruction shall be effective to assign to the City, or any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors, any duty
or authority to supervise or direct the performance of the Work or any duty or
authority to undertake responsibility inconsistent with the provisions of the Contract
Documents.
3.4 Reporting and Resolving Discrepancies; Order of Precedence.
A. Reporting Discrepancies.
1. The Contract Documents are intended to be fully cooperative and complementary.
Before undertaking each part of the Work, Contractor shall carefully study and
compare the Contract Documents and check and verify pertinent figures therein
and all applicable field measurements. Contractor shall promptly report in writing
to the City any conflict, error, ambiguity, or discrepancy which Contractor
discovers, should have discovered, or has actual knowledge of, and shall obtain a
written interpretation or clarification from the City before proceeding with any Work
affected thereby. If, during the performance of the Work, Contractor discovers any
conflict, error, ambiguity, or discrepancy within the Contract Documents, or
between the Contract Documents and (i) any Applicable Law, (ii) any standard,
specification, manual, or code, or (iii) any instruction of any Supplier, then
Contractor shall promptly submit a written Request for Information (RFI) to the City.
Contractor shall not proceed with the Work affected thereby (except in an
emergency) until an amendment or supplement to the Contract Documents has
been issued by one of the methods indicated in the Contract Documents, and any
Work performed by Contractor before receipt of an amendment or supplement
shall be at Contractor’s own risk.
B. Order of Precedence.
1. In case of conflicts between the Contract Documents, the order of precedence
shall be as follows:
a. Permits from other agencies as may be required by law
b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
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g. Construction Plans and Drawings(Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest
edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications
n. Standard Drawings
o. Reference Documents
2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings
3. Notwithstanding the orders of precedence established above, in the event of
conflicts, the higher standard, higher quality and most expensive shall always
apply.
3.5 Amending and Supplementing Contract Documents.
A. The Contract Documents may be amended to provide for additions, deletions, and
revisions in the Work or to modify the terms and conditions thereof only by Change
Order or written amendment to the Contract duly executed by the parties.
B. The requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized at no cost to the City, by
one or more of the following ways:
1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request
without exception (subject to the provisions of the Contract Documents); or
2. The City’s issuance of a response to an RFI.
C. However, no review or RFI response will reduce or modify the Contractor’s obligation
to fully satisfy and comply with the requirements of the Contract Documents.
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3.6 Reuse of Documents.
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings,
Specifications, or other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer of Record or its consultants, including electronic
media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on
extensions of the Project or any other project without written consent of the City
and Engineer of Record and specific written verification or adaptation by Engineer
of Record.
B. The prohibitions of this Article will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the
Contract Documents for record purposes.
ARTICLE 4 -INDEMNIFICATION; INSURANCE
4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify and hold harmless the City, its officials,
officers, agents, employees, and representatives, and each of them from and
against:
1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses
or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited
to, injury to or death, including wrongful death, of any person, and damages to or
destruction of property of any person, arising out of, related to, or in any manner
directly or indirectly connected with the Work or this Contract, including claims
made by subcontractors for nonpayment, including without limitation the payment
of all consequential damages and attorney’s fees and other related costs and
expenses, however caused, regardless of whether the allegations are false,
fraudulent, or groundless, and regardless of any negligence of the City or its
officers, employees, or authorized volunteers (including passive negligence),
except the sole negligence or willful misconduct or active negligence of the City or
its officials, officers, employees, or authorized volunteers.
2. Contractor’s defense and indemnity obligation herein includes, but is not limited to
damages, fines, penalties, attorney’s fees and costs arising from claims under the
Americans with Disabilities Act (ADA) or other federal or state disability access or
discrimination laws arising from Contractor’s Work during the course of
construction of the improvements or after the Work is complete, as the result of
defects or negligence in Contractor’s construction of the improvements.
3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or regulation,
compliance with which is the responsibility of Contractor;
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4. Any and all losses, expenses, damages (including damages to the Work itself),
attorney’s fees, and other costs, including all costs of defense which any of them
may incur with respect to the failure, neglect, or refusal of Contractor to faithfully
perform the Work and all of Contractor’s obligations under Contract. Such costs,
expenses, and damages shall include all costs, including attorney’s fees, incurred
by the indemnified parties in any lawsuit to which they are a party.
B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, its officials, officers, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees and representatives, in any
such suit, action or other legal proceeding. Contractor shall reimburse the City, its
officials, officers, agents, employees and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. The only limitations on this provision shall be those
imposed by Civil Code section 2782.
C. The provisions of this Article shall survive the termination of this Contract howsoever
caused, and no payment, partial payment, or acceptance of occupancy in whole or
part of the Work shall waive or release any of the provisions of this Article.
4.2 Insurance
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain
all of the insurance described in this Article. Contractor shall not commence Work under this
Contract until it has provided evidence satisfactory to the City that it has secured all insurance
required hereunder. Contractor shall not allow any Subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subcontractor has
secured all insurance required under this Article. Failure to provide and maintain all required
insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall
furnish the City with original certificates of insurance and endorsements effective coverage
required by this Contract on forms satisfactory to the City. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind coverage on
its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must
be received and approved by the City before Work commences.
A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers,
employees, agents and authorized volunteers shall be named as Additional Insureds
on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies
of Commercial General Liability and Automobile Liability insurance using, for
Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20
10 and 20 37 (or endorsements providing the exact same coverage, including
completed operations), and, for subcontractors’ policies of Commercial General
Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same
coverage). Notwithstanding the minimum limits set forth in this Contract for any type
of insurance coverage, all available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
Additional Insureds hereunder. All insurance coverage maintained or procured
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pursuant to this Contract shall be endorsed to waive subrogation against the City, its
officers, officials, agents, employees or volunteers or shall specifically allow
Contractor - or others providing insurance evidence in compliance with these
specifications - to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against the City, and shall require similar written
express waivers and insurance clauses from each of its subcontractors. Copies of
these waivers shall be submitted to the City prior to commencement of work.
B. Workers’ Compensation Insurance. The Contractor shall provide workers’
compensation insurance for all of the employees engaged in Work under this
Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall
require the subcontractor similarly to provide workers’ compensation insurance for
all the latter’s employees as prescribed by State law. Any class of employee or
employees not covered by a subcontractor’s insurance shall be covered by the
Contractor’s insurance. In case any class of employees engaged in work under this
Contract, on or at the Site, is not protected under the Workers’ Compensation
Statutes, the Contractor shall provide or shall cause a subcontractor to provide,
adequate insurance coverage for the protection of such employees not otherwise
protected. The Contractor is required to secure payment of compensation to his
employees in accordance with the provisions of section 3700 of the Labor Code.
The Contractor shall file with the City certificates of his insurance protecting workers.
Company or companies providing insurance coverage shall be acceptable to the
City, if in the form and coverage as set forth in the Contract Documents.
C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability
Insurance, including Occupational Disease, in the amount of at least one million
dollars ($1,000,000.00) per person per accident. Contractor shall provide the City
with a certificate of Employer’s Liability Insurance. Such insurance shall comply with
the provisions of the Contract Documents. The policy shall be endorsed, if
applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and
contain a Waiver of Subrogation in favor of the City.
D. Commercial General Liability Insurance. Contractor shall provide “occurrence”
form Commercial General Liability insurance coverage at least as broad as the most
current ISO CGL Form 00 01, including but not limited to, premises liability,
contractual liability, products/completed operations, personal and advertising injury
which may arise from or out of Contractor’s operations, use, and management of the
Site, or the performance of its obligations hereunder. The policy shall not contain
any exclusion contrary to this Contract including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to
ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured
against another. Policy limits shall not be less than $2,000,000 per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit. Defense costs shall be
paid in addition to the limits.
1. Such policy shall comply with all the requirements of this Article. The limits set forth
herein shall apply separately to each insured against whom claims are made or
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suits are brought, except with respect to the limits of liability. Further the limits set
forth herein shall not be construed to relieve the Contractor from liability in excess
of such coverage, nor shall it limit Contractor’s indemnification obligations to the
City, and shall not preclude the City from taking such other actions available to the
City under other provisions of the Contract Documents or law.
2. All general liability policies provided pursuant to the provisions of this Article shall
comply with the provisions of the Contract Documents.
3. All general liability policies shall be written to apply to all bodily injury, including
death, property damage, personal injury, owned and non-owned equipment,
blanket contractual liability, completed operations liability, explosion, collapse,
under-ground excavation, removal of lateral support, and other covered loss,
however occasioned, occurring during the policy term, and shall specifically insure
the performance by Contractor of that part of the indemnification contained in these
General Conditions relating to liability for injury to or death of persons and damage
to property.
4. If the coverage contains one or more aggregate limits, a minimum of 50% of any
such aggregate limit must remain available at all times; if over 50% of any
aggregate limit has been paid or reserved, the City may require additional
coverage to be purchased by Contractor to restore the required limits. Contractor
may combine primary, umbrella, and as broad as possible excess liability coverage
to achieve the total limits indicated above. Any umbrella or excess liability policy
shall include the additional insured endorsement described in the Contract
Documents.
5. All policies of general liability insurance shall permit and Contractor does hereby
waive any right of subrogation which any insurer of Contractor may acquire from
Contractor by virtue of the payment of any loss.
E. Automobile Liability Insurance. Contractor shall provide Automobile Liability
Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least,
one million dollars ($1,000,000) per accident for bodily injury and property damage.
Such insurance shall provide coverage with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by Contractor or for which Contractor is responsible, in a form and with
insurance companies acceptable to the City. All policies of automobile insurance
shall permit and Contractor does hereby waive any right of subrogation which any
insurer of Contractor may acquire from Contractor by virtue of the payment of any
loss.
F. Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability
Insurance, in a form and with insurance companies acceptable to City, in the amount
of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such
insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3)
denial or loss of service, and (4) the introduction, implantation or spread of malicious
software code.
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G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work,
Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with
insurance companies acceptable to City, in the amount of, at least, one million dollars
($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily
injury and property damage.
H. Builder’s Risk [“All Risk”]
1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s
Risk [“All Risk”] extended coverage insurance on all work, material, equipment,
appliances, tools, and structures that are or will become part of the Work and
subject to loss or damage by fire, and vandalism and malicious mischief, in an
amount to cover 100% of the replacement cost. The City accepts no responsibility
for the Work until the Work is formally accepted by the City. The Contractor shall
provide a certificate evidencing this coverage before commencing performance of
the Work.
2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding
those solely responsible for design work), suppliers, and the City, its elected
officials, officers, employees, agents and authorized volunteers, as their interests
may appear. Contractor shall not be required to maintain property insurance for
any portion of the Work following acceptance by the City.
3. Policy shall be provided for replacement value on an “all risk” basis. There shall
be no coinsurance penalty provision in any such policy. Policy must include: (1)
coverage for any ensuing loss from faulty workmanship, nonconforming work,
omission or deficiency in design or specifications; (2) coverage against machinery
accidents and operational testing; (3) coverage for removal of debris, and insuring
the buildings, structures, machinery, equipment, materials, facilities, fixtures and
all other properties constituting a part of the Project; (4) transit coverage, including
ocean marine coverage (unless insured by the supplier), with sub-limits sufficient
to insure the full replacement value of any key equipment item; and (5) coverage
with sub-limits sufficient to insure the full replacement value of any property or
equipment stored either on or off the Site. Such insurance shall be on a form
acceptable to the City to ensure adequacy and sublimit.
4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any
extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit.
c. Coverage shall include Contractor’s tools and equipment.
d. Insurance shall include boiler, machinery and material hoist coverage.
I. NOT USED
J. Contractor shall require all tiers of Subcontractors working under this Contract to
provide the insurance required under this Article unless otherwise agreed to in
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writing by the City. Contractor shall make certain that any and all Subcontractors
hired by Contractor are insured in accordance with this Contract. If any
Subcontractor’s coverage does not comply with the foregoing provisions, Contractor
shall indemnify and hold the City harmless from any damage, loss, cost, or expense,
including attorneys’ fees, incurred by the City as a result thereof.
K. Notwithstanding the minimum limits set forth in this Contract for any type of
insurance coverage, if Contractor maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the City.
L. Form and Proof of Carriage of Insurance
1. Any insurance carrier providing insurance coverage required by the Contract
Documents shall be admitted to and authorized to do business in the State of
California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall
have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self -
insured retentions must be declared by the Contractor. At the election of the City
the Contractor shall either 1) reduce or eliminate such deductibles or self -insured
retentions, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses. If umbrella
or excess liability coverage is used to meet any required limit(s) specified herein,
the Contractor shall provide a “follow form” endorsement satisfactory to the City
indicating that such coverage is subject to the same terms and conditions as the
underlying liability policy.
2. Each insurance policy required by this Contract shall be endorsed to state that: (1)
coverage shall not be suspended, voided, reduced or cancelled except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City; and (2) any failure to comply with reporting or other provisions of
the policies, including breaches of warranties, shall not affect coverage provided
to the City, its officials, officers, agents, employees, and volunteers.
3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to
contain the covenant of the insurance carrier(s) that it shall provide no less than
thirty (30) days written notice be given to the City prior to any material modification
or cancellation of such insurance. In the event of a material modification or
cancellation of coverage, the City may terminate the Contract or stop the Work in
accordance with the Contract Documents, unless the City receives, prior to such
effective date, another properly executed original Certificate of Insurance and
original copies of endorsements or certified original policies, including all
endorsements and attachments thereto evidencing coverage’s set forth herein and
the insurance required herein is in full force and effect. Contractor shall not take
possession, or use the Site, or commence operations under this Contract until the
City has been furnished original Certificate(s) of Insurance and certified original
copies of endorsements or policies of insurance including all endorsements and
any and all other attachments as required in this Article. The original
endorsements for each policy and the Certificate of Insurance shall be signed by
an individual authorized by the insurance carrier to do so on its behalf.
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4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and
shall be construed as primary, and the City’s insurance and/or deductibles and/or
self-insured retentions or self-insured programs shall not be construed as
contributory.
5. The City reserves the right to adjust the monetary limits and types of insurance
coverages during the term of this Contract including any extension thereof if, in the
City’s reasonable judgment, the amount or type of insurance carried by the
Contractor becomes inadequate.
6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and
all insurance claims submitted by the Contractor in connection with the Work under
this Contract.
7. Products/completed operations coverage shall extend a minimum of three years
after the project completion. Coverage shall be included on behalf of the insured
for covered claims arising out of the actions of independent contractors. If the
insured is using subcontractors, the policy must include work performed “by or on
behalf” of the insured. Policy shall contain no language that would invalidate or
remove the insurer’s duty to defend or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically provide for a duty to defend on
the part of the insurer. The City, its officers, officials, agents employees, and
volunteers shall be included as insureds under the policy.
ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS
5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws
applicable to the performance of the Work. Except where otherwise expressly
required by Applicable Laws, neither the City nor the City’s Representative shall be
responsible for monitoring Contractor’s compliance with any Applicable Laws. If
Contractor performs any Work knowing or having reason to know that it is contrary
to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs)
arising out of or relating to such Work.
5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and
paid for by Contractor, including, but not limited to, excavation permit, for plumbing,
mechanical and electrical work and for operations in or over public streets or right of
way under jurisdiction of public agencies other than the City, unless otherwise
specified in the Contract Documents.
B. The Contractor shall arrange and pay for all off-site inspection of the Work related to
permits and licenses, including certification, required by the specifications, drawings,
or by governing authorities, except for such off-site inspections delineated as the
City’s responsibility pursuant to the Contract Documents.
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C. Before acceptance of the Work, the Contractor shall submit all licenses, permits,
certificates of inspection and required approvals to the City.
5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be
paid in accordance with the Applicable Laws of the place of the Project which are
applicable during the performance of the Work. In accordance with Revenue and
Taxation Code section 107.6, the Contract Documents may create a possessory
interest subject to personal property taxation for which Contractor will be
responsible.
5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic
control shall be performed at Contractor’s expense in accordance with the
requirements of the City and/or the local agency with jurisdiction. Costs for traffic
control plans, implementation of traffic control, or traffic signal services required by
the City shall be included in the Contractor’s Bid.
B. All warning signs and safety devices used by the Contractor to perform the Work
shall conform to the requirements contained in the State of California, Department
of Transportation’s current edition of “Manual of Traffic Controls for Construction and
Maintenance Work Zones” or to the requirements of the local agency. The Contractor
shall also be responsible for all traffic control required by the agency having
jurisdiction over the Project on the intersecting streets. Contractor must submit a
traffic control plan to the agency having jurisdiction over the Project for approval prior
to starting Work.
C. The Contractor’s representative on the site responsible for traffic control shall
produce evidence that he/she has completed training acceptable to the California
Department of Transportation for safety through construction zones. All of the streets
in which the Work will occur shall remain open to traffic and one lane of traffic
maintained at all times unless otherwise directed by the agency of jurisdiction.
Businesses and residences adjacent to the Work shall be notified forty-eight (48)
hours in advance of closing of driveways. The Contractor shall make every effort to
minimize the amount of public parking temporarily eliminated due to construction in
areas fronting businesses. No stockpiles of pipe or other material will be allowed in
traveled right-of-ways after working hours unless otherwise approved by the
Engineer.
5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in
connection with the Work. Such responsibility does not relieve Subcontractors of
their responsibility for the safety of persons or property in the performance of their
work, nor for compliance with applicable safety laws. Contractor shall comply with
all Applicable Laws relating to the safety of persons or property, or to the protection
of persons or property from damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners
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of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation, and replacement of their property.
B. The Contractor shall maintain emergency first aid treatment for his employees which
complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. §
651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division
1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the
availability of emergency medical services for its employees in accordance with
California Code of Regulations, Title 8, Section 1512. The Contractor shall submit
an Illness and Injury Prevention Program and a Project Site specific safety program
to the City prior to beginning Work. Contractor shall maintain a confined space
program that meets or exceeds the City’s standards. Contractor needs to make
themselves aware of the City’s safety policies and procedures, and shall meet or
exceed all City standards in areas where the City must enter to perform inspections.
C. Hazard Communication Programs. Contractor shall be responsible for coordinating
any exchange of material safety data sheets or other hazard communication
information required to be made available to or exchanged between or among
employers at the Site in accordance with Applicable Laws.
5.6 Hazardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the
Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste
onto the site in a manner not specified by the Contract Documents; and/or (ii)
disturbs a Hazardous Material identified in the Contract Documents, the Contractor
shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the
condition as soon as possible. Under no circumstance shall the Contractor perform
Work for which it is not qualified. The City, in its sole discretion, may require the
Contractor to retain at Contractor’s cost an independent testing laboratory.
B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury
or damage, Contractor shall immediately: (i) secure or otherwise isolate such
condition; (ii) stop all Work in connection with such material or substance (except in
an emergency situation); and (iii) notify the City (and promptly thereafter confirm
such notice in writing).
C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the
presence or absence of the Hazardous Waste reported by the Contractor, except as
qualified under Article 5.6(A) and Article 5.6(B) in the event such material or
substance is found to be present, verify that the levels of the hazardous material are
below OSHA Permissible Exposure Levels and below levels which would classify
the material as a state of California or federal hazardous waste. When the material
falls below such levels, Work in the affected area shall resume upon direction by the
City.
D. Contractor shall indemnify and hold harmless the City from and against claims,
damages, losses and expenses, arising from a Hazardous Waste on the Project Site,
if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels
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which would classify the material as a state of California or federal hazardous waste,
and was either i) shown on the Contract Documents or information available to
bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall
obligate the Contractor to indemnify the City in the event of the sole or active
negligence or willful misconduct of the City, its officers, agents, or employees.
5.7 Sanitary Facilities.
A. Contractor shall provide sanitary temporary toilet buildings and hand washing
facilities for the use of all workers. All toilets and hand washing facilities shall comply
with local codes and ordinances. Toilets shall be placed inside sealed secondary
containment devices installed on a flat, level surface. Accumulated liquids in the
secondary containment devices shall be properly removed and legally disposed
without spillage onto the ground. Toilets shall be kept supplied with toilet paper and
shall have workable door fasteners. Toilets and hand washing facilities shall be
serviced no less than once weekly and shall be present in a quantity of not less than
1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand
washing facilities shall be maintained in a sanitary condition at all times. Use of toilet
and hand washing facilities in the Work under construction shall not be permitted.
Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the
Contractor.
5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads,
permanent access roads, plant sites, waste disposal areas, borrow areas, and all
other work areas free from dust. Industry accepted methods of dust control suitable
for the area involved, such as sprinkling, chemical treatment, light bituminous
treatment or similar methods, will be permitted.
5.9 Air Pollution Control
A. Contractor shall comply with all air pollution control rules, regulations, ordinances
and statutes. All containers of paint, thinner, curing compound, solvent or liquid
asphalt shall be labeled to indicate that the contents fully comply with the applicable
material requirements.
B. Without limiting the foregoing, Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services,
including, but not limited to, emissions limits and permitting requirements imposed
by the Air Quality Management District with jurisdiction over the Project and/or
California Air Resources Board (CARB). Contractor shall specifically be aware of
the application of these limits and requirements to "portable equipment", which
definition includes any item of equipment with a fuel-powered engine. Contractor
shall indemnify the City against any fines or penalties imposed by the air quality
management district, CARB, or any other governmental or regulatory agency for its
violations of Applicable Laws as well as those of its subcontractors or others for
whom Contractor is responsible under its indemnity obligations provided for in the
Contract Documents.
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5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various
times during construction of the Work. The Contractor hereby acknowledges that it
has investigated the risk arising from such waters, has prepared its Bid accordingly,
and assumes any and all risks and liabilities arising therefrom.
B. Contractor shall keep itself and all subcontractors, staff, and employees fully
informed of and in compliance with all local, state and federal laws, rules and
regulations that may impact, or be implicated by the performance of the Work
including, without limitation, all applicable provisions regulating discharges of storm
water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-
14950); and any and all regulations, policies, or permits issued pursuant to any such
authority. These include, but are not limited to California State Water Resources
Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002),
as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any
subsequent amendment to or renewal thereof, State Water Resources Control
Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana
Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036),
and any amendment or renewal thereof.
C. Contractor shall comply with all conditions of the State Water Resources Control
Board (“State Water Board”) National Pollutant Discharge Elimination System
General Permit for Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activity (“Construction General Permit”) for all
construction activity which results in the disturbance of in excess of one acre of total
land area or which is part of a larger common area of development or sale.
Contractor shall comply with the lawful requirements of the City, and any other
applicable municipality, drainage district, or other local agency with jurisdiction over
the location where the Work is to be conducted, regarding discharges of storm water
to separate storm drain systems or other watercourses under their jurisdiction,
including applicable requirements in municipal storm water management programs.
D. Unless otherwise specified in the Special Conditions or other portion of the Contract
Documents, the City has not prepared a Storm Water Pollution Prevention Plan
(“SWPPP”) or other storm water compliance plan for the Project Site. Contractor
shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage
under the Construction General Permit. This includes filing all necessary
documentation including the Permit Registration Documents (“PRDs”) through the
Stormwater Multiple Applications and Report Tracking System (“SMARTS”);
preparing and implementing a SWPPP for the Work site; implementing all other
provisions, and monitoring and reporting requirements required by the Construction
General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified
SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but
not limited to preparation and submittal of all reports, plans, inspections, and
monitoring information in compliance with the Construction General Permit. All
submittals shall be coordinated with the City’s Legally Responsible Person and
Authorized Signatory as those terms are defined in the Construction General Permit.
Before any NOI, PRD, SWPPP, or other Construction General Permit-related
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document may be submitted to the State Water Board or implemented on the Project
site, it must first be reviewed and approved by the City and/or City’s designee.
Contractor shall include all costs of compliance with specified requirements in the
Contract Price.
E. The City retains the right to develop its own documentation for the Project site,
including but not limited to the SWPPP, and in the alternative may require Contractor
to adopt and implement portions of the City developed SWPPP. The City expressly
reserves the right to procure coverage under the Construction General Permit for
the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise
fails to proceed in a manner that complies with the requirements of the Construction
General Permit. The City additionally reserves the right to hire additional contractors
to maintain compliance at the Work site. Whether Contractor has adequately
maintained compliance with the Construction General Permit shall be the City’s sole
determination. Any costs incurred by the City in procuring coverage under the
Construction General Permit, or drafting and/or implementing a SWPPP for the Work
site shall be paid by Contractor.
F. Notwithstanding the above, for those Work sites where construction activity results
in the disturbance of less than one acre of total land area and/or do not need
coverage under the Construction General Permit, the Contractor shall be
responsible for preparing and implementing an Erosion and Sediment Control Plan
in accordance with State Water Resources Control Board Order No. 2013-0001-
DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.
G. Failure to comply with the Construction General Permit, laws, regulations, and
ordinances listed in this Article is a violation of federal and state law.
Notwithstanding any other indemnity contained in these Contract Documents,
Contractor agrees to indemnify and hold harmless the City, its officials, officers,
agents, employees and authorized volunteers from and against any and all claims,
demands, fees, costs, expenses, or losses or liabilities of any kind or nature which
the City, its officials, officers, agents, employees and authorized volunteers may
sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances
listed above, arising out of or in connection with the Work, except for liability resulting
from the sole established negligence, willful misconduct or active negligence of the
City, its officials, officers, agents, employees or authorized volunteers.
H. The City reserves the right to defend any enforcement action or civil action brought
against the City for Contractor’s failure to comply with any applicable water quality
law, regulation, or policy. Contractor hereby agrees to be bound by, and to
reimburse the City for the costs associated with, any settlement reached between
the City and any relevant enforcement entity.
5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable federal, state, and
local environmental rules and regulations. Any infractions of said rules and
regulations by the Contractor during the term of the Contract, which result in
penalties, will be the responsibility of the Contractor. The City operates under a
number of environmental permits issued by various agencies. If due to an action,
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inaction, or negligence by the Contractor, the City becomes subject to non-
compliance penalties, the cost of such penalties shall be borne by the Contractor.
B. The Contractor shall exercise care to preserve the natural landscape and
vegetation, and shall conduct operations so as to prevent unnecessary destruction,
scarring, or defacing of the natural surroundings in the vicinity of the Work.
Movement of crews and equipment within the rights-of-way and over routes provided
for access to the Work shall be performed in a manner to prevent damage to
property. When no longer required, construction roads shall be restored to original
contours. Upon completion of the Work, and following removal of construction
facilities and required cleanup, land used for construction purposes and not required
for the completed installation shall be scarified and regraded, as required, so that all
surfaces are left in a condition that will facilitate natural revegetation, provide for
proper drainage, and prevent erosion.
C. If, in the performance of the Work, evidence of the possible occurrence of any
Federally listed threatened or endangered plant or animal is discovered, the
Contractor shall notify the City Representative immediately, giving the location and
nature of the findings. Written confirmation of the evidence, location and nature of
the findings shall be forwarded to City within two (2) Days. The Contractor shall
immediately cease all construction activities in the immediate area of the discovery
to the extent necessary to protect the endangered plant or animal. If directed by the
City Representative, Contractor will refrain from working in the immediate area,
suspend the Work in its entirety, or alter its performance to ensure full compliance
with all applicable permits, laws and regulations. Any City directed changes to the
Work as a result of a siting will be pursuant to the Contract Documents. Any costs
or delays incurred by City or the Contractor due to unreasonable or false notification
of an endangered plant or animal will be borne by the Contractor.
D. If, in the performance of the Work, Contractor should unearth cultural resources (for
example, human remains, animal bones, stone tools, artifacts and/or midden
deposits) through excavation, grading, watering or other means, the Contractor shall
notify the construction/archeological monitor and/or the City Representative
immediately, giving the location and nature of the findings. Written confirmation of
the evidence, location and nature of the findings shall be forwarded to the
construction/archeological monitor and/or City within two (2) Days. The Contractor
shall immediately cease all construction activities in the immediate area of the
discovery to the extent necessary to protect the cultural resource. If directed by the
City Representative, Contractor will refrain from working in the immediate area,
suspend the Work in its entirety, or re-sequence and/or alter its performance to
ensure full compliance with all applicable permits, laws and regulations. Should the
presence of cultural resources be confirmed, the Contractor will assist the City
Representative and the construction/archeological monitor in the preparation and
implementation of a data recovery plan. The Contractor shall provide such
cooperation and assistance as may be necessary to preserve the cultural resources
for removal or other disposition. Any City directed changes to the Work as a result
of the cultural resource will be pursuant to the Contract Documents. Should
Contractor, without permission, injure, destroy, excavate, appropriate, or remove
any cultural resource on or adjacent to the Site, it will be subject to disciplinary action,
arrest and penalty under applicable law. The Contractor shall be principally
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responsible for all costs of mitigation and/or restoration of cultural resources related
to the unauthorized actions identified above. Contractor shall be required to pay for
unauthorized damage and mitigation costs to cultural resources (historical and
archeological resources) as a result of unauthorized activities that damage cultural
resources and shall indemnify City pursuant to the Contract Documents.
5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so
that the emission of sound therefrom is within the noise tolerance level of that
equipment as established by Cal/OSHA. Contractor shall comply with the most
restrictive of the following: (1) local sound control and noise level rules, regulations
and ordinances and (2) the requirements contained in these Contract Documents,
including hours of operation requirements.
B. No internal combustion engine shall be operated on the Project without a muffler of
the type recommended by the manufacturer. Should any muffler or other control
device sustain damage or be determined to be ineffective or defective, the
Contractor shall promptly remove the equipment and shall not return said equipment
to the job until the device is repaired or replaced. Said noise and vibration level
requirements shall apply to all equipment on the job or related to the job, including
but not limited to, trucks, transit mixers or transit equipment that may or may not be
owned by the Contractor.
5.13 Diversion of Recyclable Waste Material
A. In compliance with the applicable City’s waste reduction and recycling efforts,
Contractor shall divert all Recyclable Waste Materials to appropriate recycling
centers as required for compliance with the local jurisdiction’s waste diversion
ordinances. Contractor will be required to submit weight tickets and written proof of
diversion with its monthly progress payment requests. Contractor shall complete
and execute any certification forms required by the City or other applicable agencies
to document Contractor’s compliance with these diversion requirements. All costs
incurred for these waste diversion efforts shall be the responsibility of the Contractor.
5.14 Inspector’s Field Office.
A. If required by the City, the Contractor shall be responsible for providing the
inspector’s field office. The office shall be a substantial waterproof construction with
adequate natural light and ventilation by means of stock design windows. Door shall
have a key type lock or padlock clasp. The office shall have heating and air
conditioning and shall be equipped with a telephone, a telephone answering
machine, an ability to connect to the internet, and a fax machine at Contractor’s
expense. The field office shall be provided within 20 Days of the Notice to Proceed.
B. A table satisfactory for the study of plans and two chairs shall be provided by
Contractor. Contractor shall provide and pay for adequate electric lights, local
telephone service, and adequate heat and air conditioning for the field office until
authorized removal.
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5.15 Contractor’s Supervision.
A. Contractor shall continuously keep at the Project site, a competent and experienced
full-time Project superintendent acceptable to the City. Superintendent must be able
to proficiently speak, read and write in English and shall have the authority to make
decisions on behalf of the Contractor. Contractor shall continuously provide efficient
supervision of the Project.
5.16 Workers.
A. Contractor shall at all times enforce strict discipline and good order among its
employees. Contractor shall not employ on the Project any unfit person or any one
not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent
or unfit shall be dismissed from the Work and shall not be employed on this Project.
5.17 Independent Contractors.
A. Contractor shall be an independent contractor for the City and not an employee.
Contractor understands and agrees that it and all of its employees shall not be
considered officers, employees, or agents of the City and are not entitled to benefits
of any kind normally provided employees of the City, including but not limited to,
state unemployment compensation or workers’ compensation. Contractor assumes
full responsibility for the acts and omissions of its employees or agents related to the
Work.
5.18 Verification of Employment Eligibility.
A. By executing the Contract, Contractor verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time, and shall require all
subcontractors, sub-subcontractors and consultants to comply with the same. Each
person executing this Contract on behalf of Contractor verifies that he or she is a
duly authorized officer of Contractor and that any of the following shall be grounds
for the City to terminate the Contract for cause: (1) failure of the Contractor or its
Subcontractors, sub-subcontractors or consultants to meet any of the requirements
provided for in this Article; (2) any misrepresentation or material omission concerning
compliance with such requirements; or (3) failure to immediately remove from the
Work any person found not to be in compliance with such requirements.
5.19 Labor.
A. Hours of Work
1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division
2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall
constitute a legal day’s work. The time of service of any worker employed at any
time by the Contractor or by any subcontractor on any subcontract under this
Contract upon the Work or upon any part of the Work contemplated by this
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Contract is limited and restricted to eight (8) hours during any one calendar day
and 40 hours during any one calendar week, except as hereinafter provided.
Notwithstanding the provisions herein above set forth, work performed by
employees of Contractor in excess of eight (8) hours per day, and 40 hours during
any one week, shall be permitted upon this public work upon compensation for all
hours worked in excess of eight (8) hours per day at not less than one and one-
half times the basic rate of pay.
2. The Contractor and every Subcontractor shall keep an accurate record showing
the name of and actual hours worked each calendar day and each calendar week
by each worker employed in connection with the Work or any part of the Work
contemplated by this Contract. The record shall be kept open at all reasonable
hours to the inspection of the City and to the Division of Labor Law Enforcement,
Department of Industrial Relations of the State of California.
3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for
each worker employed in the execution of this Contract by the Contractor or by
any subcontractor for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and 40 hours in
any one calendar week in violation of the provisions of Article 3 (commencing at
section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
4. Any work necessary to be performed after regular working hours, or on Saturdays
and Sundays or other holidays, shall be performed without additional expense to
the City.
5. If Contractor gives notice of an inspection pursuant to the Contract Documents,
the City will provide inspection during normal working hours from 7:00 a.m. to 3:30
p.m. Monday through Friday. Requested inspections before or after this time will
be charged to the Contractor as reimbursable inspection time. Inspections on
weekends requires two (2) Days’ notice for review and approval. Upon written
request and approval the 8.5 hour working day may be changed to other limits
subject to city/county ordinance.
6. It shall be unlawful for any person to operate, permit, use, or cause to operate any
of the following at the Project Site, other than between the hours of 7:00 a.m. to
5:00 p.m., Monday through Friday, with no Work allowed on City-observed
Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance
1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall
maintain weekly certified payroll records, showing the names, addresses, Social
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Security numbers, work classifications, straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by them in connection with the
Work under this Contract. Contractor shall certify under penalty of perjury that
records maintained and submitted by Contractor are true and accurate. Contractor
shall also require Subcontractor(s) to certify weekly payroll records under penalty
of perjury.
2. In accordance with Labor Code section 1771.4, the Contractor and each
Subcontractor shall furnish the certified payroll records directly to the Department
of Industrial Relations (“DIR”) on the specified interval and format prescribed by
the DIR, which may include electronic submission. Contractor shall comply with
all requirements and regulations from the DIR relating to labor compliance
monitoring and enforcement. The requirement to submit certified payroll records
directly to the Labor Commissioner under Labor Code section 1771.4 shall not
apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Section 1771.4.
3. Any stop orders issued by the DIR against Contractor or any Subcontractor that
affect Contractor’s performance of Work, including any delay, shall be Contractor’s
sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay subject to any applicable liquidated
damages and shall not be compensable by the City. Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR
against Contractor or any Subcontractor.
4. The payroll records described herein shall be certified and submitted by the
Contractor at a time designated by the City. The Contractor shall also provide the
following:
a. A certified copy of the employee’s payroll records shall be made available for
inspection or furnished to such employee or his or her authorized representative
on request.
b. A certified copy of all payroll records described herein shall be made available
for inspection or furnished upon request of the DIR.
5. Unless submitted electronically, the certified payroll records shall be on forms
provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or
shall contain the same information as the forms provided by the DLSE.
6. Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency, the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement shall be marked or
obliterated in such a manner as to prevent disclosure of an individual's name,
address and social security number. The name and address of the Contractor
awarded the Contract or performing the Contract shall not be marked or
obliterated.
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7. In the event of noncompliance with the requirements of this Article, the Contractor
shall have ten (10) Days in which to comply subsequent to receipt of written notice
specifying in what respects the Contractor must comply with this Article. Should
noncompliance still be evident after such 10-day period, the Contractor shall pay
a penalty of one hundred dollars ($100.00) to the City for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the
request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, such penalties shall be withheld from progress payment
then due.
8. The responsibility for compliance with this Article shall rest upon the Contractor.
C. Prevailing Rates of Wages
1. Prime construction contracts in excess of $2,000 must comply with the Davis-
Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”).
In accordance with the statute, Contractor is required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, Contractor is required
to pay wages not less than once a week. A copy of the current prevailing wage
determination issued by the Department of Labor will be placed in the solicitation
by the City. The decision to award a contract or subcontract is conditioned upon
the acceptance of the wage determination. The City will report all suspected or
reported violations to the Federal Awarding Agency.
Contractor must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”). The Act provides
that each contractor or subrecipient is prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled. The City
will report all suspected or reported violations to the Federal Awarding Agency.
2. The Contractor is aware of the requirements of Labor Code sections 1720 et seq.
and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000
et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage
rates and the performance of other requirements on certain “public works” and
“maintenance” projects. Since this Project involves an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. This is a federally assisted construction contract. Federal
labor standards provisions outlined in the HUD-4010 form, including the prevailing
wage requirements of the Davis-Bacon and Related Acts (DBRA), will be enforced.
The applicable Federal wage decision is the one in effect ten (10) days prior to bid
opening; it is included in these specifications and is available online at
https://sam.gov/content/wage-determinations. In the event of a conflict between
the Federal and State wage rates, the higher of the two will prevail. The State
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wage rates are available online at http://www.dir.ca.gov/DLSR/PWD/index.htm.
Lower State wage rates for work classifications not specifically included in the
Federal wage decision are not acceptable. Contractor shall make copies of the
prevailing rates of per diem wages for each craft, classification, or type of worker
needed to perform work on the Project available to interested parties upon request,
and shall post copies at the Contractor’s principal place of business and at the
Project site. Contractor shall defend, indemnify and hold the City, its officials,
officers, employees and authorized volunteers free and harmless from any claims,
liabilities, costs, penalties or interest arising out of any failure or allege failure to
comply with the Prevailing Wage Laws.
3. The Contractor shall forfeit as a penalty to the City not more than Two Hundred
Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or
portion thereof, for each worker paid less than the prevailing wage rate as
determined by the Director of the DIR for such work or craft in which such worker
is employed for any public work done under the Contract by it or by any
Subcontractor under it. The difference between such prevailing wage rate and the
amount paid to each worker for each calendar day or portion thereof, for which
each worker was paid less than the prevailing wage rate, shall be paid to each
worker by the Contractor.
4. Contractor shall post, at appropriate conspicuous points on the Project Site, a
schedule showing all determined general prevailing wage rates and all authorized
deductions, if any, from unpaid wages actually earned.
D. Public Works Contractor Registration
1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its
Subcontractors must be registered with the DIR prior to the execution of a contract
to perform public works. By entering into this Contract, Contractor represents that
it is aware of the registration requirement and is currently registered with the DIR.
Contractor shall maintain a current registration for the duration of the Project.
Contractor shall further include the requirements of Labor Code sections 1725.5
and 1771.1 in any subcontract and ensure that all Subcontractors are registered
at the time this Contract is entered into and maintain registration for the duration
of the Project. Notwithstanding the foregoing, the contractor registration
requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not
apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
E. Employment of Apprentices
1. Contractor and all Subcontractors shall comply with the requirements of Labor
Code sections 1777.5 and 1777.6 in the employment of apprentices.
2. Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex officio
the Administrator of Apprenticeship, San Francisco, California, or from the Division
of Apprenticeship Standards and its branch offices.
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3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to
exceed one hundred dollars ($100.00) for each calendar day of non-compliance
pursuant to Labor Code section 1777.7.
F. Nondiscrimination/Equal Employment Opportunity
1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the
Contractor and its Subcontractors shall not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, or any other classifications protected by law on this
Project. The Contractor will take affirmative action to insure that employees are
treated during employment or training without regard to their race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, or any other classifications
protected by law.
G. Debarment of Contractors and Subcontractors
1. Contractors or Subcontractors may not perform work on a public works project with
a subcontractor who is ineligible to perform work on a public project pursuant to
Labor Code section 1777.1 or 1777.7. Any contract on a public works project
entered into between a contractor and a debarred subcontractor is void as a matter
of law. A debarred subcontractor may not receive any public money for performing
work as a subcontractor on a public works contract. Any public money that is paid,
or may have been paid to a debarred subcontractor by a contractor on the project
shall be returned to the City. The Contractor shall be responsible for the payment
of wages to workers of a debarred subcontractor who has been allowed to work
on the Project.
5.20 Subcontracts.
A. Contractor agrees to bind every Subcontractor to the terms of the Contract
Documents as far as such terms are applicable to Subcontractor’s portion of the
Work. Contractor shall be as fully responsible to the City for the acts and omissions
of its subcontractors and of persons either directly or indirectly employed by its
subcontractors, as Contractor is for acts and omissions of persons directly employed
by Contractor. Nothing contained in these Contract Documents shall create any
contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City’s acceptance of
any Subcontractor under this Contract shall not in any way relieve Contractor of its
obligations in the Contract Documents.
C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must
comply with the requirements of the Subletting and Subcontracting Fair Practices
Act pursuant to California Public Contract Code section 4100 et seq.
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5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly
and at other times as requested by Engineer or as required by progress of the Work.
The Contractor, City, and all Subcontractors active on the Site shall attend each
meeting. Contractor may at its discretion request attendance by representatives of
its Suppliers, manufacturers, and other Subcontractors. The City will preside at the
progress meetings and will arrange for keeping and distributing the minutes. The
purpose of the meetings is to review the progress of the Work, maintain coordination
of efforts, discuss changes in scheduling, and resolve other problems which may
develop. During each meeting, the Contractor shall present any issues which may
impact its progress with a view to resolve these issues expeditiously.
5.22 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless
otherwise specified in the Contract Documents), Contractor will prepare and deliver
a Schedule of Submittals to the City that has been fully integrated with the progress
schedule and identifies each Submittal required by the Contract Documents as well
as the date on which Contractor will deliver each Submittal to the City. Each
Submittal must be delivered to the City at least thirty (30) Days prior to the date the
material or equipment is scheduled to be incorporated into the Work. The Contractor
is responsible for any schedule delays resulting from the Submittal process.
B. Submittal Procedures.
1. Contractor will follow the following procedures for each Submittal, Shop Drawing
and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised
Submittals with original number and sequential alphabetic suffix.
c. Each Submittal will identify the Project, Contractor, Subcontractor and
Supplier, pertinent Drawing and detail number, and Specification Section
number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved
each Submittal, verified products required, field dimensions, adjacent
construction Work, and that coordination of information is according to
requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations
that may differ and/or be detrimental to successful performance of completed
Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address
the City’s comments and resubmit. Contractor shall identify changes made
since previous submission.
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g. The City’s review of Shop Drawings shall not relieve Contractor from
responsibility for deviations from the Contract Documents unless Contractor
has, in writing, called the City’s attention to such deviations at time of
submission and the City has taken no exception to the deviation. The City’s
review of Shop Drawings shall not relieve Contractor from responsibility for
errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City
will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from
incomplete Submittals are not the responsibility of the City.
j. Contractor shall not be entitled to any extension of the Contract Times as a
result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals
unless otherwise specified in the Contract Documents.
2. Where a Submittal, Shop Drawing or Sample is required by the Contract
Documents or the Schedule of Submittals, any related Work performed prior to the
City review and approval of the pertinent submittal will be performed at the sole
risk and expense and responsibility of Contractor.
C. Schedule Milestone for Submittals. Contractor must submit all Submittals required
by the Contract Documents in accordance with the Schedule of Submittals. If
Contractor fails to submit the Submittals in accordance with the Schedule of
Submittals, Contractor will be solely liable for any delays or impacts caused by the
delayed Submittal, whether direct or indirect. Contractor will be liable for the time
calculated from the date the Submittal is due until the date a compliant Submittal is
made. A compliant Submittal will be one that is complete and satisfies the
requirements of the Contract Documents.
5.23 Shop Drawings and Sample Submittal Procedures.
A. Before submitting each Shop Drawing or Sample, Contractor shall have:
1. Reviewed and coordinated each Shop Drawing or Sample with other Shop
Drawings and Samples and with the requirements of the Work and the Contract
Documents;
2. Determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog
numbers, and similar information with respect thereto;
3. Determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and
installation pertaining to the performance of the Work; and
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4. Determined and verified all information relative to Contractor’s responsibilities for
means, methods, techniques, sequences, and procedures of construction, and
safety precautions and programs incident thereto.
B. With each Submittal, Contractor shall give the City specific written notice of any
variations that the Shop Drawing or Sample may have from the requirements of the
Contract Documents. This notice shall be both a written communication separate
from the Shop Drawings or Sample Submittal and, in addition, a specific notation
made on each Shop Drawing or Sample submitted to the City for review and
approval of each such variation.
C. Shop Drawings.
1. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data
to show the City the services, materials, and equipment Contractor proposes to
provide and to enable the City to review the information for assessing conformance
with information given and design concept expressed in Contract Documents.
2. When required by individual Specification sections, provide Shop Drawings signed
and sealed by a professional engineer responsible for designing components
shown on Shop Drawings. Shop Drawings must include signed and sealed
calculations to support design in a form suitable for submission to and approval by
authorities having jurisdiction.
3. Shop Drawings for steel structures shall consist of shop details, erection and other
working Drawings showing details, dimensions, sizes of members and other
information necessary for the complete fabrication and erection of the metal work.
4. Shop Drawings of concrete structures shall consist of such detailed drawings as
may reasonably be required for the successful prosecution of the Work and which
are not included in the Drawings furnished by the Engineer. These may include
drawings for false work, bracing, centering and form work, masonry layout
diagrams, and diagrams for bent reinforcement.
5. Contractor shall make revisions and provide additional information when required
by authorities having jurisdiction.
D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such
as catalog numbers, the use for which intended and other data as required to enable
the City to review the submittal for assessing conformance with information given
and design concept expressed in Contract Documents. Samples should be of
appropriate size and detail to assess functional, aesthetic, color, texture, patterns
and finish selection.
E. City’s Review.
1. The City will review Shop Drawings and Samples in accordance with the Schedule
of Submittals. The City’s review and acceptance will be only to determine if the
items covered by the Submittals will, after installation or incorporation in the Work,
conform to the information given in the Contract Documents and be compatible
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with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents.
2. The City review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction (except where a particular means,
method, technique, sequence, or procedure of construction is specifically and
expressly called for by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item functions.
3. The City’s review and acceptance shall not relieve Contractor from responsibility
for any variation from the requirements of the Contract Documents unless the City
has given written approval of each such variation by specific written notation
thereof incorporated in or accompanying the Shop Drawing or Sample.
F. Resubmittal Procedures. Contractor shall make corrections required by the City and
shall return corrected Shop Drawings and submit, as required, new Samples for
review and approval. Contractor shall direct specific attention in writing to revisions
other than the corrections called for by the City on previous Submittals.
5.24 Record (“As-Built”) Drawings.
A. The Contractor shall maintain one record set of Contract Documents at the Site or
digitally in an acceptable format. On these, it shall mark all Project conditions,
locations, configurations, and any other changes or deviations which may vary from
the information represented in the original Contract Documents, including buried or
concealed construction and utility features which are revealed during the course of
construction. Special attention shall be given to recording the horizontal and vertical
location of all buried utilities that differ from the locations indicated, or which were
not indicated on the Drawings. For all Projects involving the installation of any
pipeline, Contractor shall survey and record the top of the pipe at a minimum of every
100 linear feet, and at each bend, recording both the horizontal and vertical
locations. Said Drawings shall be supplemented by any detailed sketches as
necessary or directed to fully indicate the Work as actually constructed. Any required
as-built drawings of civil engineering elements of the Work shall be prepared by a
registered civil engineer.
B. These master Record Drawings of the as-built conditions, including all revisions
made necessary by Addenda and Change Orders, shall be maintained up-to-date
during the progress of the Project. Red ink shall be used for alterations and notes.
Notes shall identify relevant Change Orders by number and date. Record Drawings
shall be accessible to the Engineer at all times during the construction period.
Failure on the Contractor’s part to keep Record Drawings current could result in
withholding partial payment.
C. Upon completion of the Project and as a condition of final acceptance, the Contractor
shall finalize and deliver a complete set of Record Drawings to the Engineers. The
information submitted by the Contractor will be assumed to be correct, and the
Contractor shall be responsible for, and liable to the City, for the accuracy of such
information, and for any errors or omissions which may or may not appear on the
Record Drawings.
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D. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete the Record Drawings shall be included in
Contractor’s bid and distributed in the Bid Schedule. No additional compensation
shall be made to the Contractor for this Work.
5.25 Layout and Field Engineering.
A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys
required for the control and completion of the Work, and all necessary surveys to
compute quantities of Work performed.
5.26 Separate Contracts and Cooperation.
A. Separate Contracts. The City reserves the right to let other contracts in connection
with this Work or on the Project site. Contractor shall permit other contractors
reasonable access and storage of their materials and execution of their work and
shall properly connect and coordinate its Work with theirs. To ensure proper
execution of its subsequent Work, Contractor shall immediately inspect work already
in place and shall at once report to the Engineer any problems with the Work in place
or discrepancies with the Contract Documents.
B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the
Project and nature of any other contracts that have been or may be awarded by the
City in prosecution of the Project to the end that Contractor may perform this
Contract in the light of such other contracts, if any. Nothing herein contained shall
be interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other
contractor working on the Project. If simultaneous execution of any contract for the
Project is likely to cause interference with performance of some other contract or
contracts, the Engineer shall decide which Contractor shall cease Work temporarily
and which contractor shall continue or whether work can be coordinated so that
contractors may proceed simultaneously. The City shall not be responsible for any
damages suffered or for extra costs incurred by Contractor resulting directly or
indirectly from award, performance, or attempted performance of any other contract
or contracts on the Project Site.
5.27 Work Site.
A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of-
entry for the Work will be provided by the City. Unless otherwise specified in the
Special Provisions, the Contractor shall make arrangements, pay for, and assume
all responsibility for acquiring, using, and disposing of additional work areas and
facilities temporarily required. The Contractor shall indemnify and hold the City
harmless from all claims for damages caused by such actions. Contractor shall
confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Applicable Laws, and
shall not unreasonably encumber the Site and other areas with construction
equipment or other materials or equipment. Contractor shall assume full
responsibility for any damage to any such land or area, or to City or occupant thereof,
or of any adjacent land or areas resulting from the performance of the Work.
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B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site
and other areas free from accumulations of waste materials, rubbish, and other
debris. Removal and disposal of such waste materials, rubbish, and other debris
shall conform to Applicable Laws. The Contractor shall furnish trash bins for all
debris from construction. All debris shall be placed in trash bins daily. Forms and
false-work that are to be re-used shall be stacked neatly concurrently with their
removal. Forms and false-work that are not to be re-used shall be disposed of
concurrently with their removal.
C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make
it ready for utilization by the City. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery,
and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.
5.28 Utility Usage.
A. All temporary utilities, including but not limited to electricity, water, gas, and
telephone, used on the Work shall be furnished and paid for by Contractor.
Contractor shall provide necessary temporary distribution systems, including meters,
if necessary, from distribution points to points on the Work where the utility is
needed. Upon completion of the Work, Contractor shall remove all temporary
distribution systems. Contractor shall provide necessary and adequate utilities and
pay all costs for water, electricity, gas, oil, and sewer charges required for completion
of the Work, including but not limited to startup and testing required in the Contract
Documents. All permanent meters installed shall be listed in the Contractor’s name
until the Work is accepted. For Work to be performed in existing City facilities,
Contractor may use the City’s existing utilities, provided such use is reasonable
under the circumstances. If Contractor uses the City utilities, it will not need to
compensate the City for reasonably consumption of utilities, but Contractor will be
responsible for any excessive, unreasonable or wasteful utility usage. Amounts due
the City under this section may be deducted from progress payments.
5.29 Protection of Work and Property.
A. The Contractor shall digitally record video and take photographs of the Project site
and adjacent improvements in a manner and quality that clearly depicts the existing
condition of the Project Site and adjacent improvements immediately prior to the
start of Work (minimum 1080p video and 4MP photo). All videos and photographs
shall be date and time stamped. The Contractor shall submit the video and photos
in digital format on a memory stick before the commencement of Work, along with a
map outlining the route and locations of the videos and/or photographs. The
Contractor shall be responsible for all damages to persons or property that occur as
a result of the Work. Contractor shall be responsible for the proper care and
protection of all materials delivered and Work performed until completion and final
acceptance by the City. All Work shall be solely at the Contractor’s risk.
B. Contractor shall adequately protect adjacent property from settlement or loss of
lateral support as necessary. Contractor shall comply with all applicable safety laws
and building codes to prevent accidents or injury to persons on, about, or adjacent
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to the Project site where Work is being performed. Contractor shall erect and
properly maintain at all times, as required by field conditions and progress of work,
all necessary safeguards, signs, barriers, lights, and watchmen for protection of
workers and the public, and shall post danger signs warning against hazards created
in the course of construction.
C. Contractor shall provide such heat, covering, and enclosures as are necessary to
protect all Work, materials, equipment, appliances, and tools against damage by
weather conditions.
D. Contractor shall take adequate precautions to protect existing sidewalks, curbs,
pavements, utilities, and other adjoining property and structures, and to avoid
damage thereto, and Contractor shall repair any damage thereto caused by the Work
operations. Contractor shall:
1. Enclose the working area with a substantial barricade, and arrange work to cause
minimum amount of inconvenience and danger to the public.
2. Provide substantial barricades around any shrubs or trees indicated to be
preserved.
3. Deliver materials to the Site over a route designated by the City.
4. Provide any and all dust control required and follow the applicable air quality
regulations as appropriate. If the Contractor does not comply immediately with a
notice from the City or a public agency responsible for air quality, the City shall
have the authority to provide dust control and deduct the cost from payments to
the Contractor.
5. Confine Contractor’s apparatus, the storage of materials, and the operations of its
workers to limits required by law, ordinances, permits, or directions of the City.
Contractor shall not unreasonably encumber the Site with its materials.
6. Take care to prevent disturbing or covering any survey markers, monuments, or
other devices marking property boundaries or corners. If such markers are
disturbed by accident, they shall be replaced by a civil engineer or land surveyor
acceptable to the City, at no cost to the City.
7. Ensure that existing facilities, fences and other structures are all adequately
protected and that, upon completion of all Work, all facilities that may have been
damaged are restored to a condition acceptable to the City.
8. Preserve and protect from injury all buildings, pole lines and all directional, warning
and mileage signs that have been placed within the right-of-way.
9. At the completion of work each day, leave the Work and the Site in a clean, safe
condition.
10. Comply with any stage construction and/or traffic handling plans. Access to
residences and businesses shall be maintained at all times, except with the City’s
written approval. Any request for approval to reduce or restrict access to
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residences and business must be submitted to the City at least seven (7) Days in
advance, and the City may issue or withhold approval in its sole discretion.
E. These precautionary measures will apply continuously and not be limited to normal
working hours. Full compensation for the work involved in the protection and
preservation of life, safety and property as above specified shall be considered as
included in the prices paid for the various contract items of Work, and no additional
allowance will be made therefor.
F. Should damage to persons or property occur as a result of the Work, Contractor shall
promptly notify the City, in writing. Contractor shall be responsible for proper
investigation, documentation, including video or photography, to adequately
memorialize and make a record of what transpired. The City shall be entitled to
inspect and copy any such documentation, video, or photographs.
G. Contractor shall maintain all investigation documentation including video and/or
photographs for a minimum of four (4) years following completion of the Project.
5.30 Emergencies.
A. In emergencies affecting the safety or protection of persons or the Work or Property
at the Site or adjacent thereto, the Contractor, without special instruction or
authorization from the City or the Engineer, is obligated to act to prevent threatened
damage, injury or loss. The Contractor shall give the Engineer prompt written notice
if the Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
ARTICLE 6 -MATERIALS; INSPECTION
6.1 Access to Work.
A. The City, Engineer, their consultants and other representatives and personnel,
independent testing laboratories, and governmental agencies with jurisdictional
interests will have access to the Site and the Work at reasonable times for their
observation, inspection, and testing. Contractor shall provide them proper and safe
conditions for such access and advise them of Contractor’s safety procedures and
programs.
6.2 Materials.
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall
provide and pay for all materials, labor, tools, equipment, water, lights, power,
transportation, superintendence, temporary constructions of every nature, and all
other services and facilities whatsoever necessary to execute and complete this
Contract within the Contract Time. Unless otherwise specified, all materials, parts,
and equipment furnished by the Contractor in the Work shall be new, the best of their
respective kinds and grades as noted and/or specified, and workmanship shall be of
good quality.
B. No materials, supplies, or equipment for Work under this Contract shall be
purchased subject to any chattel mortgage or under a conditional sale or other
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agreement by which an interest therein or in any part thereof is retained by the seller
or supplier. Contractor warrants good title to all material, supplies, and equipment
installed or incorporated in the Work and agrees upon completion of all work to
deliver the Project, to the City free from any claims, liens, or charges.
C. Materials shall be furnished in ample quantities and at such times as to ensure
uninterrupted progress of the Work and shall be stored properly and protected as
required by the Contract Documents. Contractor shall be entirely responsible for
damage or loss by weather or other causes to materials or Work. Materials shall be
stored on the Project Site in such manner so as not to interfere with any operations
of the City or any independent contractor.
D. Contractor shall verify all measurements, dimensions, elevations, and quantities
before ordering any materials or performing any Work, and the City shall not be liable
for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item
overruns and underruns in accordance with the Contract Documents, no additional
compensation, over and above payment for the actual quantities at the prices set
out in the Bid Schedule, will be allowed because of differences between actual
measurements, dimension, elevations and quantities and those indicated on the
Plans and in the Specifications. Any difference therein shall be submitted to the
Engineer for consideration before proceeding with the Work.
6.3 Test and Inspections.
A. Inspection and Testing of Work and Materials
1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or
public authority requires any part of the Work to be tested or approved, Contractor
shall provide the Engineer at least two (2) working days’ notice of its readiness for
observation or inspection. If inspection is by a public authority other than the City,
Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and inspection shall be paid by the City. Costs of tests for
Work found not to be in compliance shall be paid by the Contractor.
2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials
testing technician that was called for by the Contractor but ultimately the Contractor
work was not ready for the inspection. Any such costs shall be deducted from any
amounts due to the Contractor.
3. If any Work is done or covered up without the required testing or approval, the
Contractor shall uncover or deconstruct the Work, and the Work shall be redone
after completion of the testing at the Contractor’s cost in compliance with the
Contract Documents.
4. Where inspection and testing are to be conducted by an independent laboratory
or agency, materials or samples of materials to be inspected or tested shall be
selected by such laboratory or agency, or by the City, and not by Contractor.
Unless otherwise stated and as provided by the Contract Documents, the City shall
employ and pay for the services of an independent testing laboratory to perform
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all inspections, tests, or approvals required by the Contract Documents. All tests
or inspections of materials shall be made in accordance with the commonly
recognized standards of national organizations.
5. Reexamination of Work may be ordered by the City. If so ordered, Work must be
uncovered or deconstructed by Contractor. If Work is found to be in accordance
with the Contract Documents, the City shall pay the costs of reexamination and
reconstruction. If such work is found not to be in accordance with the Contract
Documents, Contractor shall pay all costs.
B. Testing of Materials
1. In advance of manufacture of materials to be supplied by Contractor which must
be tested or inspected, Contractor shall notify the City so that the City may arrange
for testing at the source of supply. Any materials which have not satisfactorily
passed such testing and inspection shall not be incorporated into the Work.
2. If the manufacture of materials to be inspected or tested will occur in a plant or
location greater than sixty (60) miles from the City, the Contractor shall pay for any
excessive or unusual costs associated with such testing or inspection, including
but not limited to excessive travel time, standby time and required lodging.
3. Unless otherwise specified in the Special Provisions, all initial testing and a
reasonable amount of retesting will be performed under the direction of the
Engineer, and at no expense to the Contractor. The Contractor shall notify the
Engineer in writing, at least 15 days in advance, of its intention to use materials for
which tests are specified, to allow sufficient time to perform the tests. The notice
shall name the proposed supplier and source of material. If the notice of intent to
use is sent before the materials are available for testing or inspection, or is sent so
far in advance that the materials on hand at the time will not last but will be replaced
by a new lot prior to use on the Work, it will be the Contractor's responsibility to re-
notify the Engineer when samples which are representative may be obtained.
4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of
any material or assembled material for which these Specifications so require or if
so required by the Engineer. The Engineer may waive the materials testing
requirements and accept a Certificate of Compliance. Material test data may be
required by the Engineer to be included with the submittal. Materials used on the
basis of a Certificate of Compliance may be sampled and tested at any time. The
submission of a Certificate of Compliance shall not relieve the Contractor of
responsibility for incorporating material into the Work which conforms to the
requirements of the Contract Documents, and any material not conforming to the
requirements will be subject to rejection by the Engineer whether in place or not.
5. Copies of mill certificates of composition and quality of all component materials
(reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of
the Work shall be provided to the City at the time of delivery. City shall retain the
right to reject any raw material not provided with a mill certificate at the time of
delivery.
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6. If, after incorporating such materials into the Work, it is found that sources of supply
that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after
improper storage, handling or for any other reason it shall be rejected, not
incorporated into the Work, and shall be removed from the Project Site all at the
Contractor’s expense.
6.4 Requests for Substitutions.
A. For the purposes of this provision, the term “substitution” shall mean the substitution
of any material, method or service substantially equal to or better in every respect to
that indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that
is described in the Notice Inviting Bids that designates certain products, things, or
services by specific brand or trade name.
C. Unless specifically designated in the Special Conditions, whenever any material,
process, or article is indicated or specified by grade, patent, or proprietary name or
by name of manufacturer, such specifications shall be deemed to be used for the
purpose of facilitating the description of the material, process, or article desired and
shall be deemed to be followed by the words “or equal.” Contractor may, unless
otherwise stated, offer for substitution any material, process, or article which may be
substantially equal to or better in every respect to that so indicated or specified in
the Contract Documents. However, the City has adopted uniform standards for
certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating data,
for substitution of any “or equal” material, process, or article no later than thirty-five
(35) calendar days after award of Contract. Provisions regarding submission of
substitution requests shall not in any way authorize an extension of time for the
performance of this Contract. If a substitution request is rejected by the City, the
Contractor shall provide the material, method or service specified herein. The City
shall not be responsible for any costs incurred by the Contractor associated with
substitution requests. The burden of proof as to the equality of any material,
process, or article shall rest with the Contractor. The Engineer has the complete
and sole discretion to determine if a material, process, or article is substantially equal
to or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following
information:
1. A signed affidavit from the Contractor stating that the material, process, or article
proposed as a substitution is substantially equal to or better than that specified in
every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data
required to prove that the material, process, or article is substantially equal to or
better than that specified.
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3. A statement of the cost implications of the substitution being requested, indicating
whether and why the proposed substitution will reduce or increase the amount of
the contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely
manner so that the substitution request can be adequately reviewed may result in
rejection of the substitution request. The Engineer is not obligated to review multiple
submittals related the same substitution request resulting from the Contractor’s
failure to initially submit a complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will
an extension of time for completion of the contract be granted because of
Contractor’s failure to provide substitution requests at the time and in the manner
described herein.
H. The Contractor shall bear the costs of all the City work associated with the review of
substitution requests.
I. If substitution requests approved by the Engineer require that Contractor furnish
materials, methods or services more expensive than that specified, the increased
costs shall be borne by Contractor.
ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES
7.1 Soils Investigations.
A. When a soils investigation report for the Site is available, such report is provided for
informational purposes only. Any information obtained from such report as to
subsurface soil condition, or to elevations of existing grades or elevations of
underlying rock, is approximate only and is not guaranteed. Contractor
acknowledges that any soils investigation report (including any borings) was
prepared for purposes of design only and Contractor is required to examine the Site
before submitting its Bid and must make whatever tests it deems appropriate to
determine the condition of the soil.
7.2 Ownership of Site Materials Found.
A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials
developed or obtained in the excavation or other operations of Contractor or any of
its Subcontractors in the performance of the Contract, and the right to use said items
in carrying out the Contract, or to dispose of same, is hereby expressly reserved by
the City. Neither Contractor nor any of its Subcontractors nor any of their
representatives or employees shall have any right, title, or interest in said materials,
nor shall they assert or make any claim thereto. Contractor will, as determined by
the City’s Representative, be permitted to use in the Work without charge, any such
materials which meet the requirements of the Contract Documents, provided the City
shall have the right to use or consume these materials without payment to a third
party.
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7.3 Existence of Utilities at the Work Site.
A. Existing Utilities
1. The location of known existing utilities and pipelines are shown on the Plans in
their approximate locations. However, nothing herein shall be deemed to require
the City to indicate the presence of existing service laterals or appurtenances
whenever the presence of such utilities on the site of the project can be inferred
from the presence of other visible facilities, such as buildings, cleanouts, meter
and junction boxes, on or adjacent to the Site of the Project.
2. The City will assume the responsibility for the timely removal, relocation, or
protection of existing main or trunk line utility facilities located on the Project site if
such utilities are not identified by the City in the Contract Documents or which
cannot reasonably be inferred from the presence of other visible facilities.
B. Utility Location
1. It shall be the Contractor’s responsibility to determine the exact location and depth
of all utilities, including service connections, which have been marked by the
respective utility owners and which the Contractor believes may affect or be
affected by the Contractor’s operations. The Contractor shall not be entitled to
additional compensation nor time extensions for work necessary to avoid
interferences nor for repair to damaged utilities if the Contractor does not expose
all such existing utilities as required by this Article.
2. The locating of utilities shall be in conformance with Government Code Section
4216 et seq. except for the City’s utilities located on the City’s property and not on
public right-of-way.
3. A “High Priority Subsurface Installation” is defined in Government Code Section
4216 (j) as “high-pressure natural gas pipelines with normal operating pressures
greater than 415kPA gauge (60psig) or greater than six inches nominal pipe
diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric
supply lines, conductors, or cables that have a potential to ground of greater than
or equal to 60kv, or hazardous materials pipelines that are potentially hazardous
to workers or the public if damaged.”
4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as
“any underground pipeline, conduit, duct, wire, or other structure, except
nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized
drain lines.”
5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the
appropriate regional notification center at least two (2) working days but not more
than 14 Days before performing any excavation. The date of the notification shall
not count as part of the two-working-day notice. Before notifying the appropriate
regional notification center, the Contractor shall delineate the area to be
excavated. The Contractor shall request that the utility owners conduct a utility
survey and mark or otherwise indicate the location of their service. The Contractor
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shall furnish to the Engineer written documentation of its contact(s) with the
regional notification center prior to commencing excavation at such locations.
6. After the utility survey is completed, the Contractor shall commence “potholing” or
hand digging to determine the actual location of the pipe, duct, or conduit and in
accordance with Government Code Section 4216.4 if the excavation within the
“tolerance zone” of a subsurface installation. The Engineer shall be given notice
prior to commencing potholing operations. The Contractor shall uncover all piping
and conduits, to a point one (1) foot below the pipe, where crossings, interferences,
or connections are shown on the Drawings, prior to trenching or excavating for any
pipe or structures, to determine actual elevations. New pipelines shall be laid to
such grade as to clear all existing facilities, which are to remain in service for any
period subsequent to the construction of the run of pipe involved.
7. The Contractor's attention is directed to the requirements of Government Code
Section 4216.2 (c) which provides: “When the excavation is proposed within 10
feet of a high priority subsurface installation, the operator of the high priority
subsurface installation shall notify the excavator of the existence of the high priority
subsurface installation to set up an onsite meeting prior to the legal excavation
start date and time or at a mutually agreed upon time to determine actions or
activities required to verify the location and prevent damage to the high priority
subsurface installation. As part of the meeting, the excavator shall discuss with the
operator the method and tools that will be used during the excavation and the
information the operator will provide to assist in verifying the location of the
subsurface installation. The excavator shall not begin excavating until after the
completion of the onsite meeting.” The Contractor shall notify the Engineer in
advance of this meeting.
C. Utility Relocation and Repair
1. If interferences occur at locations other than those indicated in the Contract
Documents with reasonable accuracy, the Contractor shall notify the Engineer in
writing. The Engineer will supply a method for correcting said interferences in
accordance with the responsibilities of this section and Government Code Section
4215. To the extent any delay is caused thereby, Contractor shall submit a notice
of delay within five (5) Days of discovery of the circumstances giving rise to the
delay in accordance with Article 9.1 Change Orders and Time Extensions.
2. Care shall be exercised by the Contractor to prevent damage to adjacent existing
facilities and public or private works; where equipment will pass over these
obstructions, suitable planking shall be placed. If high priority subsurface
installations are damaged and the operator cannot be contacted, the Contractor
shall call 911 emergency services.
3. The City will compensate the Contractor for the costs of locating and repairing
damage not due to the failure of the Contractor to exercise reasonable care, and
for removing or relocating such main or trunk line utility facilities not indicated in
the Contract Documents with reasonable accuracy, and for the cost of equipment
on the Project necessarily idled during such work. The payment for such costs will
be made as provided in Article 9.1 Change Orders and Time Extensions. The
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Contractor shall not be assessed liquidated damages for delay in completion of the
Project, when such delay is caused by the failure of the City or utility company to
provide for removal or relocation of such utility facilities. Requests for extensions
of time arising out of utility relocation or repair delays shall be filed in accordance
with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for
Completion and Liquidated Damages.
4. The public utility, where it is the owner of the affected utility, shall have the sole
discretion to perform repairs or relocation work or permit the Contractor to do such
repairs or relocation work at a reasonable price. The right is reserved to the City
and the owners of utilities or their authorized agents to enter upon the Work area
for the purpose of making such changes as are necessary for the rearrangement
of their facilities or for making necessary connections or repairs to their properties.
The Contractor shall cooperate with forces engaged in such work and shall
conduct its operations in such a manner as to avoid any unnecessary delay or
hindrance to the work being performed by such forces and shall allow the
respective utilities time to relocate their facility.
5. When the Contract Documents indicate that a utility is to be relocated, altered or
constructed by others, the City will conduct all negotiations with the utility company
and the work will be done at no cost to the Contractor, unless otherwise stipulated
in the Contract Documents.
6. Temporary or permanent relocation or alteration of utilities desired by the
Contractor for its own convenience shall be the Contractor’s responsibility and it
shall make arrangements and bear all costs for such work.
D. Construction at Existing Utilities
1. Where the Work to be performed crosses or otherwise interferes with water, sewer,
gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor
shall perform construction in such a manner so that no damage will result to either
public or private utilities. It shall be the responsibility of the Contractor to determine
the actual locations of, and make accommodates to maintain, all utilities.
2. Before any utility is taken out of service, permission shall be obtained by the
Contractor from the owner. The owner, any impacted resident or business owner
and the City Representative will be advised of the nature and duration of the utility
outage as well as the Contractor’s plan for providing temporary utilities if required
by the owner. The Contractor shall be liable for all damage which may result from
its failure to maintain utilities during the progress of the Work, and the Contractor
shall indemnify City as required by the Contract Documents from all claims arising
out of or connected with damage to utilities encountered during construction;
damages resulting from disruption of service; and injury to persons or damage to
property resulting from the negligent, accidental, or intentional breaching of
utilities.
3. Unless otherwise called for by the Contract Documents, the cost of all material,
equipment, and labor required to complete this work, shall be included in
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Contractor’s bid and distributed in the schedule of pay Items. No additional
compensation shall be made to the Contractor for this work.
7.4 Trenches
A. Trenches Five Feet or More in Depth.
1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed
plan showing the design of shoring, bracing, sloping or other provisions to be made
for worker protection from hazards of caving ground during the excavation of any
trench or trenches five feet or more in depth. If such plan varies from shoring
system standards established by the Construction Safety Orders of the California
Code of Regulations, Department of Industrial Relations, the plan shall be
prepared by a California registered civil or structural engineer. The plan shall not
be less effective than the shoring, bracing, sloping, or other provisions of the
Construction Safety Orders, as defined in the California Code of Regulations. The
Contractor shall designate in writing the “competent person” as defined in Title 8,
California Code of Regulations, who shall be present at the Work Site each day
that trenching/excavation is in progress. The “competent person” shall prepare
and provide daily trenching/excavation inspection reports to the Engineer.
Contractor shall also submit a copy of its annual California Occupational Safety
and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet.
1. If the Work involves excavating trenches or other excavations that extend deeper
than four (4) feet below the surface, Contractor shall promptly within three (3)
Days, and before the excavation is further disturbed, notify the City in writing of
any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those
indicated.
c. Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract.
2. The City shall promptly investigate the conditions, and if it finds that the conditions
do so materially differ, or do involve hazardous waste, and cause a decrease or
increase in Contractor’s cost of, or the time required for, performance of any part
of the Work, shall issue a Change Order under the procedures described in Article
9.1 Change Orders and Time Extensions.
3. In the event that a dispute arises between the City and the Contractor as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in the Contractor’s cost of, or time required for, performance of any
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part of the Work, the Contractor shall not be excused from any scheduled
completion date provided for by the Contract, but shall proceed with all Work to be
performed under the Contract. Contractor shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and protests
between the parties.
ARTICLE 8 -PROSECUTION OF THE WORK
8.1 Contractor’s Means and Methods.
A. Contractor is solely responsible for the means and methods utilized to perform the
Work. In no case shall the Contractor’s means and methods deviate from commonly
used industry standards.
8.2 Construction Schedule.
A. General Requirements. The schedule shall be prepared in a Critical Path Method
(“CPM”) format and in an electronic scheduling program acceptable to the City and
as specified in the Contract Documents. Contractor shall deliver the schedule and
all updates to the City in both paper and electronic form. The electronic versions
shall be in the format and include all data used to prepare the schedule. Copies are
not acceptable.
B. Schedule. The receipt or approval of any schedules by the City shall not in any way
relieve the Contractor of its obligations under the Contract Documents. The
Contractor is fully responsible to determine and provide for any and all staffing and
resources at levels which allow for good quality and timely completion of the Project.
Contractor’s failure to incorporate all elements of Work required for the performance
of the Contract or any inaccuracy in the schedule shall not excuse the Contractor
from performing all Work required for a completed Project within the specified
Contract Time. If the required schedule is not received by the time the first payment
under the Contract is due, Contractor shall not be paid until the schedule is received,
reviewed and accepted by the City.
C. Schedule Contents. The schedule shall allow enough time for inclement weather.
The schedule shall indicate the beginning and completion dates of all phases of
construction; critical path for all critical, sequential time related activities; and “float
time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include
appropriate time allowances and constraints for submittals, items of interface with
Work performed by others, and specified construction, start-up and performance
tests. All float shall be owned by the Project. Schedules indicating early or late
completion shall not modify or have any effect on the Contract Time, regardless of
whether the schedules are reviewed and/or accepted by the City. For purposes of
determining Liquidated Damages, the Contract Time shall control and may only be
altered by a duly authorized Change Order.
D. Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule;
(2) with each progress payment request; and (3) whenever requested to do so by
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the City. The City may withhold progress payments or other amounts due under the
Contract Documents if Contractor fails to submit an updated and accurate
construction schedule. Upon the City’s request, Contractor shall submit any
schedules or updates to the City in the native electronic format of the software used
to create the schedule. Contractor shall also submit schedules showing a two-week
detailed look-ahead at weekly meetings conducted with the City. The two-week look-
ahead schedule shall clearly identify all staffing and other resources which in the
Contractor’s judgment are needed to complete the Work within the Contract Time,
and it shall clearly state the number of staff to be used on each daily segment of the
Work.
E. Acceptance. Acceptance of the schedules by the City will not impose on
responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or
compliance with the Contract Documents. Acceptance will not interfere with or
relieve Contractor from Contractor’s full responsibility therefor.
F. Recovery Schedule.
1. Should any of the following conditions exist, City may require Contractor to
prepare, at no extra cost to City, a plan of action and a recovery schedule for
completing the Work and achieving all contractual milestones within the allotted
Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the
opinion of City, of sufficient magnitude that City questions the Contractor's
ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the
critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration
of future activities of the schedule which, in the opinion of City, are major in
nature.
2. The recovery schedule shall include proposed revisions to the Construction
Schedule, demonstrating how Contractor intends to achieve all contractual
milestones including Contract completion within the allotted Contract Time. The
submittal shall include a narrative describing the actions planned by the Contractor
to recover the schedule.
3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s
request. If Contractor asserts that City is responsible for the delay, failure to submit
the recovery schedule within seven (7) Days of City’s request, will be considered
a concurrent delay event attributable to Contractor, and Contractor shall only be
entitled to non-compensable adjustments to Contract Times. If Contractor is
responsible for the delay, this provision will not limit or affect Contractor's liability
and failure to submit the recovery schedule with seven (7) Days of City’s request
may result in City withholding progress payments or other amounts due under the
Contract Documents.
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4. Contractor is responsible for all costs associated with the preparation and
execution of the recovery schedule, including any necessary recovery actions,
which may include, but are not limited to, assignment of additional labor, and/or
equipment, shift or overtime work, expediting of submittals or deliveries,
overlapping of activities or sequencing changes to increase activity concurrence.
Regardless of whether City directs Contractor to prepare a recovery schedule
pursuant to this Section, Contractor shall promptly undertake appropriate action at
no additional cost to City to recover the schedule whenever the current
construction schedule shows that the Contractor will not achieve a milestone
and/or complete the Work within the allotted Contract Time.
8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the Contract
for Construction shall commence: (1) on the date stated in the Notice to Proceed, or
(2) if the Notice to Proceed does not specify a commencement date, then on the
date of the Notice to Proceed and shall be completed by Contractor in the time
specified in the Contract Documents. The City is under no obligation to consider
early completion of the Project; and the Contract completion date shall not be
amended by the City’s receipt or acceptance of the Contractor’s proposed earlier
completion date. Any difference in time between the Contractor’s early completion
and the Contract Time shall be considered a part of the Project float. Contractor
shall not be entitled to compensation, and the City will not compensate Contractor,
for delays which impact early completion. Contractor shall not, under any
circumstances, receive additional compensation from the City (including but not
limited to indirect, general, administrative or other forms of overhead costs) for the
period between the time of earlier completion proposed by the Contractor and the
Contract completion date.
B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is
understood that the City will suffer damage. In accordance with Government Code
section 53069.85 and Public Contract Code section 7102, being impractical and
infeasible to determine the amount of actual damage, it is agreed that Contractor
shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum
stipulated in the Contract for each calendar day of delay until the Work is fully
completed. Contractor and its surety shall be liable for any liquidated damages. Any
money due or to become due the Contractor may be retained to cover liquidated
damages.
C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what
constitutes inclement weather. Time extensions for inclement weather shall only be
granted when the Work stopped during inclement weather is on the critical path of
the Project schedule. Contractor shall not be entitled to reverse liquidated damages
for time extensions resulting from inclement weather.
D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is
limited to a City-caused extension of the critical path, reduced by the Contractor’s
concurrent delays, and established by a proper time impact analysis. Contractor
shall not be charged liquidated damages because of any delays in completion of the
Work due to unforeseeable causes beyond the control and without the fault or
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negligence of Contractor (or its Subcontractors or Suppliers). The City shall
ascertain the facts and extent of delay and grant extension of time for completing
the Work when, in its judgment, the facts justify such an extension. Contractor shall
not be entitled to an adjustment in the Contract Times for delays within the control
of Contractor. Delays attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be delays within the control of Contractor.
E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102,
Contractor will be compensated for damages incurred due to unreasonable delays
to the critical path for which the City is responsible. The parties agree that
determining Contractor’s exact delay damages are and will continue to be
impracticable and extremely difficult. As such, for each calendar day in excess of
the time for completion set forth in Article 2 of the Contract for Construction, the City
shall pay to the Contractor the sum stipulated in the Contract per day. Such amount
shall constitute the only payment allowed for any City-caused delays and shall
necessarily include all overhead, all profits, all administrative costs, all bond costs,
all labor, materials, equipment and rental costs and any other costs, expenses and
fees incurred or sustained as a result of such delays. Contractor shall not be entitled
to reverse liquidated damages for any change in the Work in which Contractor is
compensated for overhead and profit through a change in Unit Price Work or a
Change Order resulting in a lump sum or allowed mark-up for the additional Work.
The amount of reverse liquidated damages shall be reduced by Contractor’s
concurrent delays.
F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the
Contractor shall not be charged liquidated damages, and the City shall not be
responsible, for any delays resulting from a Force Majeure Event. If a delay to the
critical path results from a Force Majeure Event, the Contractor will be entitled to a
time extension but will not receive an adjustment to the Contract Price or any other
compensation. Such a non-compensable adjustment shall be Contractor’s sole and
exclusive remedy for such delays.
G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for
which the City is responsible shall be limited to only an extension of time unless such
delays were unreasonable under the circumstances. In no case shall the City be
liable for any costs which are borne by the Contractor in the regular course of
business, including, but not limited to, home office overhead and other ongoing
costs. Damages caused by unreasonable City delay shall be based on actual costs
only, no proportions or formulas shall be used to calculate any delay damages.
H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled
to any extension of time or any reverse liquidated damages unless Contractor
properly notices the delay and adjustment to compensation and requests a Change
Order in accordance with Article 9.1 Change Orders and Time Extensions.
Contractor’s failure to timely and fully comply with the Change Order procedures in
the Contract Documents shall constitute a waiver of Contractor’s right to a time
extension or reverse liquidated damages.
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8.4 Contractor’s Responsibility for Work.
A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be
under the charge and care of the Contractor. The Contractor shall take every
necessary precaution against injury or damage to any part thereof by the action of
the elements or from any cause whether arising from the execution or non-execution
of the Work. The Contractor shall rebuild, repair, restore and make good at its own
expense all injuries or damages to any portion of the Work before its completion and
acceptance. In the event of damage proximately caused by an Act of God, as
defined by Section 7105 of the Public Contract Code, the City will pay for repair or
restoration to damaged Work in excess of 5% of the total Bid.
8.5 Occupancy.
A. The City reserves the right to occupy or utilize any portion of the Work at any time
before completion, and such occupancy or use shall not constitute acceptance of
any part of Work covered by this Contract. This use shall not relieve the Contractor
of its responsibilities under the Contract.
8.6 Securities for Money Withheld
A. Pursuant to section 22300 of the Public Contract Code of the State of California,
Contractor may request the City to make retention payments directly to an escrow
agent or may substitute securities for any money withheld by the City to ensure
performance under the contract. At the request and expense of Contractor,
securities equivalent to the amount withheld shall be deposited with the City or with
a state or federally chartered bank as the escrow agent who shall return such
securities to Contractor upon satisfactory completion of the contract. Deposit of
securities with an escrow agent shall be subject to a written agreement substantially
in the form provided in section 22300 of the Public Contract Code.
8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City
1. The City may, at its sole option, decide to suspend at any time the performance of
all or any portion of the Work by notice in writing to Contractor. Such notice of
suspension of Work will designate the amount and type of plant, labor, and
equipment to be committed to the Project during the period of suspension.
Contractor shall use its best efforts to utilize its plant, labor, and equipment in such
a manner as to minimize costs associated with suspension.
2. Upon receipt of any such notice, Contractor shall, unless the notice requires
otherwise:
a. Immediately discontinue Work on the date and to the extent
specified in the notice;
b. Place no further orders or subcontracts for material, services, or
facilities with respect to suspended Work other than to the extent required
in the notice;
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c. Promptly make every reasonable effort to obtain suspension upon
terms satisfactory to the City’s Representative of all orders, subcontracts,
and rental agreements to the extent they relate to performance of Work
suspended; and
d. Continue to protect and maintain the Work including those portions
on which Work has been suspended.
3. Except as provided by this Article, as full and complete compensation for such
suspension, Contractor shall be granted an adjustment in the Contract Price based
on a negotiated daily rate that reflects the Contractor’s actual costs associated with
the demobilized condition of the Site and an extension of the Contract Times equal
to the number of days performance of Work is suspended; provided, however, that
no adjustment of Contract Price or extension of Contract Times shall be granted if
the suspension results from Contractor's non-compliance with the requirements of
the Contract.
B. Termination for Cause by the City:
1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the
Work or any separable part thereof with such diligence as will insure its completion
within the time specified by the Contract Documents, or any extension thereof, or
fails to complete such Work within such time, or if the Contractor should be
adjudged a bankrupt, or if it should make a general assignment for the benefit of
its creditors, or if a receiver should be appointed on account of its insolvency, or
the Contractor or any of its subcontractors should violate any of the provisions of
this Contract, the City may serve written notice upon the Contractor and its surety
of the City's intention to terminate this Contract. This notice of intent to terminate
shall contain the reasons for such intention to terminate this Contract, and a
statement to the effect that the Contractor's right to perform this Contract shall
cease and terminate upon the expiration of ten (10) Days unless such violations
have ceased and arrangements satisfactory to the City have been made for
correction of said violations.
2. After expiration of the ten (10) Day period, the City may terminate the Contract by
providing a Notice of Termination to the Contractor. The City may take over and
complete the Work by any method it may deem appropriate, including enforcement
of the Project performance bond. Contractor and its surety shall be liable to the
City for any excess costs or other damages incurred by the City to complete the
Work. If the City takes over the Work, the City may, without liability for so doing,
take possession of and utilize in completing the Work such materials, appliances,
plant, and other property belonging to the Contractor as may be on the Site.
3. Upon termination, Contractor shall not be entitled to receive any further payment
from the City, except for Work which was duly performed prior to the effective date
of the Notice of Termination. Contractor shall submit an invoice for final payment
within thirty (30) Days of the effective date of the Notice of Termination. The City
may withhold from final payment up to 150% of any disputed amounts, including
any amounts which may be necessary to repair defective Work, complete
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unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its
duties under the Contract.
C. Termination for Convenience by the City:
1. The City may terminate performance of the Work called for by the Contract
Documents in whole or, from time to time, in part, upon ten (10) Days written notice
if the City determines that a termination is in the City's interest.
2. The Contractor shall terminate all or any part of the Work upon delivery to the
Contractor of a Notice of Termination specifying that the termination is for the
convenience of the City, the extent of termination, and the effective date of such
termination.
3. After receipt of Notice of Termination, and except as directed by the City's
Representative, the Contractor shall, regardless of any delay in determining or
adjusting any amounts due under this termination for convenience clause,
immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least
cost/shortest time manner while still maintaining the quality called for under
the Contract Documents.
c. Leave the property upon which the Contractor was working and
upon which the facility (or facilities) forming the basis of the Contract
Document is situated in a safe and sanitary manner such that it does not
pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the
portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to
complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) Days from the
effective date of the Notice of Termination, all of the usual documentation
called for by the Contract Documents to substantiate all costs incurred by
the Contractor for labor, materials and equipment through the effective date
of the Notice of Termination. Any documentation substantiating costs
incurred by the Contractor solely as a result of the City's exercise of its right
to terminate this Contract pursuant to this clause, which costs t he
contractor is authorized under the Contract documents to incur, shall: (1)
be submitted to and received by the Engineer no later than 30 Days after
the effective date of the Notice of Termination; (2) describe the costs
incurred with particularity; and (3) be conspicuously identified as
“Termination Costs occasioned by the City's Termination for Convenience.”
If the City rejects any costs, Contractor shall be deemed to waive the
rejected costs unless Contractor files a Claim within thirty (30) Days of the
rejection pursuant to Article 9.2.
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g. Contractor shall be entitled to receive only the amounts payable
under this Article, and Contractor specifically waives any claim for any other
amounts or damages, including, but not limited to, any claim for
consequential damages or lost profits. The provisions in this Article are in
addition to and not in limitation of any other rights or remedies available to
the City.
4. Termination of the Contract shall not relieve surety of its obligation for any just
claims arising out of or relating to the Work performed.
5. Notwithstanding any other provision of this Article, when immediate action is
necessary to protect life and safety or to reduce significant exposure or liability, the
City may immediately order Contractor to cease Work on the Project until such
safety or liability issues are addressed to the satisfaction of the City or the Contract
is terminated.
6. If the City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this section,
and Contractor specifically waives any claim for any other amounts or damages,
including, but not limited to, any claim for consequential damages or lost profits.
8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is
complete, the Engineer will promptly make a final inspection with the City and
Contractor and will notify Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to complete such Work or
remedy such deficiencies.
B. Final Acceptance. The acceptance of the Work on behalf of the City will be made
by the Engineer. Such acceptance by the City shall not constitute a waiver of
defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed
all corrections identified during the final inspection and has delivered, in accordance
with the Contract Documents, all maintenance and operating instructions,
schedules, guarantees, bonds, certificates or other evidence of insurance,
certificates of inspection, Record Documents, and other documents required by the
Contract Documents, the City shall execute a Notice of Completion, constituting final
acceptance and completion of the Project, except as may be expressly noted.
8.9 Warranty and Guaranty of Work.
A. Contractor hereby warrants that materials and Work shall be completed in
conformance with the Contract Documents and that the materials and Work provided
will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or
replace, at the discretion of the City, any or all Work that may prove to be defective
in its workmanship, materials furnished, methods of installation or fail to conform to
the Contract Document requirements together with any other Work which may be
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damaged or displaced by such defect(s) within a period of one (1) year (or as
otherwise indicated in the Contract Documents or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into
the Work, whichever is later) from the date of the Notice of Completion of the Project
without any expense whatever to the City, ordinary wear and tear and unusual abuse
and neglect excepted. Contractor shall be required to promptly repair or replace
defective equipment or materials, at Contractor’s option. All costs associated with
such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole
responsibility of the Contractor.
B. For any Work so corrected, Contractor’s obligation hereunder to correct defective
Work shall be reinstated for an additional one (1) year period, commencing with the
date of acceptance of such corrected Work. The reinstatement of the one (1) year
warranty shall apply only to that portion of work that was corrected. Contractor shall
perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the
requirements of the Contract. In the event of Contractor’s failure to comply with the
above-mentioned conditions within ten (10) Days after being notified in writing of
required repairs, to the reasonable satisfaction of the City, the City shall have the
right to correct and replace any defective or non-conforming Work and any work
damaged by such work or the replacement or correction thereof at Contractor’s sole
expense. Contractor shall be obligated to fully reimburse the City for any expenses
incurred hereunder immediately upon demand.
C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City
all warranties that would be given in normal commercial practice and assign to the
City any and all manufacturer’s or installer’s warranties for equipment or materials
not manufactured by Contractor and provided as part of the Work, to the extent that
such third-party warranties are assignable and extend beyond the warranty period
set forth in this Article. Contractor shall furnish the City with all warranty and
guarantee documents prior to final acceptance of the Project by the City as required.
D. When specifically indicated in the Contract Documents or when directed by the
Engineer, the City may furnish materials or products to the Contractor for installation.
In the event any act or failure to act by Contractor shall cause a warranty applicable
to any materials or products purchased by the City for installation by the Contractor
to be voided or reduced, Contractor shall indemnify the City from and against any
cost, expense, or other liability arising therefrom, and shall be responsible to the City
for the cost of any repairs, replacement or other costs that would have been covered
by the warranty but for such act or failure to act by Contractor.
E. The Contractor shall remedy at its expense any damage to City-owned or controlled
real or personal property.
F. The City shall notify the Contractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage. The Contractor shall within ten (10)
Days after being notified commence and perform with due diligence all necessary
Work. If the Contractor fails to promptly remedy any defect or damage, the City shall
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have the right to replace, repair or otherwise remedy the defect, or damage at the
Contractor’s expense.
G. In the event of any emergency constituting an immediate hazard to health, safety,
property, or licensees, when caused by Work of the Contractor not in accordance
with the Contract requirements, the City may undertake at Contractor’s expense,
and without prior notice, all Work necessary to correct such condition.
H. Acceptance of Defective Work.
1. If, instead of requiring correction or removal and replacement of defective Work,
the City prefers to accept it, the City may do so. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) attributable to the City’s evaluation of and
determination to accept such defective Work and for the diminished value of the
Work. If any acceptance of Defective Work occurs prior to release of the Project
retention, a Change Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work, and the City shall be entitled to
an appropriate decrease in the Contract Price, reflecting the diminished value of
Work and all costs incurred by the City. If the acceptance of defective occurs after
release of the Project retention, an appropriate amount will be paid by Contractor
to the City.
I. The City May Correct Defective Work
1. If Contractor fails within a reasonable time after written notice from the City to
correct Defective Work, or to remove and replace rejected Work as required by the
City, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract
Documents, the City may, after seven (7) Days written notice to Contractor,
correct, or remedy any such deficiency.
2. In connection with such corrective or remedial action, the City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work
and suspend Contractor’s services related thereto, take possession of Contractor’s
tools, appliances, construction equipment and machinery at the Site, and
incorporate in the Work all materials and equipment stored at the Site or for which
the City has paid Contractor but which are stored elsewhere. Contractor shall allow
the City, and the agents, employees, other contractors, and consultants of each of
them, access to the Site to enable the City to exercise the rights and remedies to
correct the Defective Work.
3. All claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) incurred or sustained by the City
correcting the Defective Work will be charged against Contractor, and a Change
Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and the City shall be entitled to an
appropriate decrease in the Contract Price. Such claims, costs, losses and
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damages will include but not be limited to all costs of repair, or replacement of work
of others destroyed or damaged by correction, removal, or replacement of
defective Work.
4. If the Change Order is executed after all payments under the Contract have been
paid by the City and the Project Retention is held in an escrow account as
permitted by the Contract Documents, Contractor will promptly alert the escrow
holder, in writing, of the amount of Retention to be paid to the City. If the Change
Order is executed after release of the Project retention, an appropriate amount will
be paid by Contractor to the City. Contractor shall not be allowed an extension of
the Contract Times because of any delay in the performance of the Work
attributable to the City correcting Defective Work.
J. Nothing in the warranty or in the Contract Documents shall be construed to limit the
rights and remedies available to the City at law or in equity, including, but not limited
to, Code of Civil Procedure section 337.15.
ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION
9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be
through a written Change Order in accordance with this Article. The City, without invalidating the
Contract, may order changes in the Work consisting of additions, deletions or other revisions, and
Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever
any change is made as provided for herein, such change shall be considered and treated as
though originally included in the Contract, and shall be subject to all terms, conditions, and
provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for
damages, whether for loss of profits or otherwise, on account of any decrease or omission of any
item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach
agreement on the terms of the Change Order shall relieve the Contractor from the obligation to
proceed with performance of the Work, including Additional Work, promptly and expeditiously.
Any alterations, extensions of time, Additional Work, or any other changes may be made without
securing consent of the Contractor’s surety or sureties.
A. Change in Contract Procedures
1. City Directive. The City may direct changes in the Work by delivering a written
directive. To the extent the work directive results in a change to compensation or
time, Contractor must timely request a Change Order and comply with all Change
Order procedures in accordance with this Article. Notwithstanding issuance of a
work directive, Contractor’s failure to timely request a Change Order shall
constitute a waiver by Contractor of any adjustment to compensation or time
extension for Work performed under the directive. The City shall not be liable to
Contractor for Work performed or omitted by Contractor in reliance on verbal
orders.
2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change
Order Request, then Contractor shall provide the City with written notice of the
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underlying facts and circumstances that gave rise to the proposed change within
the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days
from the discovery date or prior to the alterations of the conditions, whichever
is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the
conditions, which shall be no longer than three (3) days from the date the
Contractor discovers that the Force Majeure Event gives rise to a change,
unless that the conditions are such that notice within three (3) days is not
possible or practicable.
c. If due to any other matter that may involve an adjustment to the Contract Time
or the Contract Price, within seven (7) days from the discovery date.
To be considered valid and complete, the notice of change/delay shall include
a general statement of the circumstances giving rise to the notice of
change/delay and a reasonable order of magnitude estimate of the additional
costs and/or time. If the circumstances give rise to both a cost adjustment and
time extension, Contractor shall submit the notice of change and notice of delay
concurrently.
3. Request for Change in Compensation and/or Extension of Time. Contractor shall
submit a Change Order Request for any adjustment to Contractor’s compensation
and/or any extension of time. The Change Order Request shall be made prior to
incurring any expense and within fourteen (14) Days from either Contractor’s
notice of change/delay or the City’s directive ordering the change. The Change
Order Request shall include all of the following information (unless inapplicable to
the change):
a. A detailed description of the circumstances giving rise to the
request;
b. A complete itemized cost proposal, including itemized pricing for
first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical
path to completion;
e. If any added costs or information cannot be determined at the time
of the Change Order Request, the reason the costs or information cannot
be determined at the time; and
f. Certification to the accuracy of the Change Order Request under
penalty of perjury.
The time impact analysis shall be in the critical path method format
and shall show the sequencing of all critical and non-critical new
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activities and/or activity revisions affected by the delay, with logic
ties to all affected existing activities noted on the schedule.
The City may demand, and Contractor shall provide, any additional
information supporting the Change Order Request, including but
not limited to native electronic format version of schedules and time
impact analyses. Contractor shall provide the requested additional
information within five (5) Days of the request.
For any costs or information that cannot be determined at the time
Contractor submits the Change Order Request, Contractor shall
submit to the City notice of the costs or information and all
supporting documentation within five (5) Days of when the costs or
other information become subject to determination.
4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the
Change Order Request or disagrees with the proposal submitted by Contractor, it
will notify the Contractor, and the City will provide its opinion of the appropriate
price and/or time extension. If no agreement can be reached, the City shall have
the right to order the Work performed on a time and materials basis or to issue a
unilateral Change Order setting forth the City’s determination of the reasonable
additions or savings in costs and time attributable to the extra or deleted work. The
City shall also have the right to order changes in the Work to be performed
promptly by the Contractor on a time and materials basis or to issue a unilateral
Change Order setting forth the City’s determination of the reasonable additions or
savings in costs and time attributable to the extra or deleted work. The City’s
determination shall become final and binding if the Contractor fails to submit a
Claim in writing to the City within fourteen (14) Days of the issuance of the
unilateral Change Order, disputing the terms of the unilateral Change Order and
providing such supporting documentation for its position as the City may
reasonably require.
5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE
A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE
ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF
THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE
RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH
CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE
OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY
MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY
OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.
Contractor recognizes and acknowledges that timely submission of a formal written
notice of change/delay and Change Order Request, whether or not the
circumstances of the change may be known to the City or available to the City
through other means, is not a mere formality but is of crucial importance to the
ability of the City to promptly identify, prioritize, evaluate and mitigate the potential
effects of changes. Any form of informal notice, whether verbal or written
(including, without limitation, statements in requests for information, statements in
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Submittals, statements at any job meeting or entries on monthly reports, daily logs
or job meeting minutes), that does not strictly comply with the formal requirements
of this Article, shall accordingly be insufficient.
6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement
therewith, including any adjustment in compensation or extension of time, and
the full and final settlement of all costs (direct, indirect and overhead) related
to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change
Orders. If so designated, Contractor may only use such forms. Contractor
shall not reserve a right to assert impact costs, extended job site costs,
extended overhead, constructive acceleration and/or actual acceleration
beyond what is stated in the Change Order. No Claims shall be allowed for
impact, extended overhead costs, constructive acceleration and/or actual
acceleration due to a multiplicity of changes and/or clarifications. The
Contractor may not change or modify the City’s Change Order form in an
attempt to reserve additional rights.
B. Determining Adjustments to Compensation.
1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work
subject to a Change Order except as expressly set forth in this Article. The mark-
up added in instances of Additional Work shall constitute the entire amount of
profit, any mark-ups, any field or home office overhead costs, including personnel,
equipment or office space, any materials, or any costs of equipment idle time for
such Work.
2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item
varies from the Bid Schedule, compensation for the change in quantity will be
calculated by multiplying the actual quantity by the unit price. This calculation may
result in either an additive or deductive Change Order. Bid items included on the
Bid Schedule may be deducted from the Work in their entirety without any
negotiated extra costs. Because Unit Price Work includes overhead and profit as
determined by Contractor at the time of its Bid submission, no mark up or deduction
for overhead and profit will be allowed.
3. Lump Sum Change Orders. Whenever possible, any changes affecting
compensation shall be in a lump sum mutually agreed by the Contractor and the
City.
4. Time and Materials Change Orders. The City may direct the Contractor to proceed
with the Additional Work with payment to be made on the basis of actual cost of
the labor and materials required to complete the Additional Work. If the Project is
federally funded, a time and materials Change Order shall only be issued after a
determination that no other Change Order is suitable and the Change Order shall
include a ceiling price that the Contractor exceeds at its own risk.
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5. Federally Funded Projects. For any change in price to the Contract, general and
administrative expenses shall be negotiated and must conform to the cost
principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be
negotiated as a separate element of the cost. To establish a fair and reasonable
profit, consideration must be given to the complexity of the Additional Work to be
performed, the risk borne by the Contractor, the Contractor's investment, the
amount of subcontracting, the quality of its record of past performance, and
industry profit rates in the surrounding geographical area for similar work.
6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and-
material work shall be limited to direct expenditures necessitated specifically by
the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for
each craft or type of worker at the time the Additional Work is done, plus
employer payments of payroll taxes and insurance, health and welfare,
pension, vacation, apprenticeship funds, and other direct costs resulting from
federal, state or local laws, as well as assessment or benefits required by lawful
collective bargaining agreements. The use of a labor classification which
would increase the Additional Work cost will not be permitted unless the
Contractor establishes the necessity for such additional costs. Labor costs for
equipment operators and helpers shall be reported only when such costs are
not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at the lowest current price at
which such materials are locally available in the quantities involved, plus sales
tax, freight and delivery. Materials costs shall be based upon supplier or
manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in
determining equipment use shall not exceed listed rates prevailing locally at
equipment rental agencies, or distributors, at the time the work is performed.
The Contractor shall furnish cost data supporting the establishment of the
rental rate. The rental rate to be applied for use of each items of equipment
shall be the rate resulting in the least total cost to the City for the total period
of use. The City shall the make the final determination as to an equitable rental
rate for the equipment. No payment will be made for the use of small tools,
which have a replacement value of $1,000 or less.
(i) The rental time to be paid for equipment shall be the time the equipment
is in productive operation on the Additional Work being performed.
Rental time will not be allowed while equipment is inoperative due to
breakdowns.
(ii) All equipment shall, in the opinion of the City, be in good working
condition and suitable for the purpose for which the equipment is to be
used. Equipment with no direct power unit shall be powered by a unit
of at least the minimum rating recommended by the manufacturer.
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(iii) Before construction equipment is used on any Additional Work, the
Contractor shall plainly stencil or stamp an identifying number thereon
at a conspicuous location, and shall furnish to the City, in duplicate, a
description of the equipment and its identifying number.
(iv) When hourly rates are listed, any part of an hour less than 30 minutes
of operation shall be considered to be 1/2-hour of operation, and any
part of an hour greater than 30 minutes will be considered one hour of
operation. When daily rates are listed, any part of a day less than 4
hours operation shall be considered to be 1/2-day of operation.
d. Allowed Mark-up. The allowed mark-up for any and all overhead (including
supervision and home and field office costs) and profit on work added to the
Contract shall be determined in accordance with the following provisions:
(i) “Net Cost” is defined as the actual costs of labor, materials and tools
and equipment only, excluding overhead and profit. The costs of
applicable insurance and bond premium will be reimbursed to the
Contractor and Subcontractors at cost only, without mark-up.
Contractor shall provide the City with documentation of the costs,
including but not limited to payroll records, invoices, and such other
information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark-up
shall not exceed fifteen (15%) percent of labor costs, ten percent (10%)
of material costs, and ten percent (10%) of the cost of tools and
equipment use.
(iii) For Work performed by a Subcontractor, the added cost for overhead
and profit shall not exceed fifteen percent (15%) of the Subcontractor’s
Net Cost of the Work to which the Contractor may add up to five percent
(5%) of the Subcontractor’s Net Cost.
(iv) For Work performed by a sub-subcontractor, the added cost for
overhead and profit shall not exceed fifteen percent (15%) of the sub-
subcontractor’s Net Cost for Work to which the Subcontractor and
Contractor may each add up to an additional five percent (5%) of the
Net Cost of the lower tier subcontractor.
(v) No additional mark-up will be allowed for lower tier subcontractors, and
in no case shall the added cost for overhead and profit payable by the
City exceed twenty-five percent (25%) of the Net Cost as defined
herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and
to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
(i) T&M Daily Sheets. Contractor must submit timesheets, materials
invoices, records of equipment hours, and records of rental equipment
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hours to the City’s for an approval signature each day that Work is
performed on a time-and-material basis. The Engineer’s signature on
time sheets only serves as verification that the Work was performed
and is not indicative of the City’s agreement to Contractor’s entitlement
to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet,
which shall include total actual costs, within five (5) Days following
completion of Additional Work on a time-and-material basis.
Contractor’s total actual cost shall be presented in a summary table in
an electronic spreadsheet file by labor, material, equipment, and any
other costs, along with documentation supporting the costs.
Contractor’s failure to submit the T&M Summary Sheet within five (5)
Days of completion of the Additional Work will result in Contractor’s
waiver for any reimbursement of any costs associated with the
Additional Work.
f. Excluded Costs. The following costs or any other home or field office overhead
costs, all of which are to be considered administrative costs covered by the
Contractor’s mark-up, shall not be allowed costs and shall not be included in
any lump sum proposals or time-and-materials invoices:
(i) Overhead Cost. Payroll costs and other compensation of Contractor’s
officers, executives, principals, general managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing
and contracting agents, timekeepers, clerks, and other personnel
employed by Contractor whether at the Site or in Contractor’s principal
office or any branch office, material yard, or shop for general
administration of the Work;
(ii) Office Expenses. Expenses of Contractor’s principal and branch
offices;
(iii) Capital Expenses. Any part of Contractor’s capital expenses, including
interest on Contractor’s capital employed for the Additional Work and
charges against Contractor for delinquent payments;
(iv) Negligence. Costs due to the negligence of Contractor or any
Subcontractor or Supplier, or anyone directly or indirectly employed by
any of them or for whose acts any of them may be liable, including
without limitation the correction of Defective Work, disposal of materials
or equipment wrongly supplied, and making good any damage to
property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that
remain the property of Contractor;
(vi) Administrative Costs. Costs associated with the preparation of Change
Orders (whether or not ultimately authorized), cost estimates, or the
preparation or filing of Claims;
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(vii) Anticipated Lost Profits. Expenses of Contractor associated with
anticipated lost profits or lost revenues, lost income or earnings, lost
interest on earnings, or unpaid retention;
(viii) Home Office Overhead. Costs derived from the computation of a
“home office overhead” rate by application of the Eichleay, Allegheny,
burden fluctuation, or other similar methods;
(ix) Special Consultants and Attorneys. Costs of special consultants or
attorneys, whether or not in the direct employ of Contractor, employed
for services specifically related to the resolution of a Claim, dispute, or
other matter arising out of or relating to the performance of the
Additional Work.
(x) Other. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in the Contract
Documents; including but not limited to: submittals, drawings, field
drawings, shop drawings, including submissions of drawings; field
inspection; general superintendence; computer services; reproduction
services; salaries of project engineer, superintendent, timekeeper,
storekeeper, and secretaries; janitorial services; small tools, incidentals
and consumables; temporary on-site facilities (offices, telephones, high
speed internet access, plumbing, electrical power, lighting; platforms,
fencing, water); surveying; estimating; protection of work; handling and
disposal fees; final cleanup; other incidental work; related warranties;
insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally
funded, any costs that are not allowable, reasonable and allocable to
the Project, under generally accepted accounting principles and the
applicable federal requirements.
9.2 Procedure for Resolving Claims.
Contractor shall timely comply with any and all requirement of the Contract Documents pertaining
to notices and requests for changes to the Contract Time or Contract Price, including but not
limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this
Article. The failure to timely submit a notice of delay or notice of change, or to timely request a
change to the time for completion or Contractor’s compensation, or to timely provide any other
notice or request required herein shall constitute a waiver of the right to further pursue the claim
under the Contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public
Contract Code prescribes a process utilizing informal conferences, non-binding
judicial supervised mediation, and judicial arbitration to resolve disputes on
construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of
the Public Contract Code prescribes a process for negotiation and mediation to
resolve disputes on construction claims. The intent of this Article is to implement
Sections 20104 et seq. and Section 9204 of the California Public Contract Code.
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This Article shall be construed to be consistent with all applicable law, including but
not limited to these statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the
Contractor for:
1. An adjustment to the time for completion including, without limitation, for relief from
damages or penalties for delay assessed by the City;
2. Payment by the City of money or damages arising from Work done by or on behalf
of the Contractor pursuant to the Contract, payment for which is not otherwise
expressly provided or to which the Contractor is not otherwise entitled; or
3. An amount the payment of which is disputed by the City.
A “Claim” does not include any demand for payment for which the Contractor has
failed to provide notice, request a Change Order, or otherwise failed to follow any
procedures contained in the Contract Documents.
C. Filing Claims. Claims governed by this Article may not be filed unless and until the
Contractor completes any and all requirements of the Contract Documents
pertaining to notices and requests for changes to the Contract Time or Contract
Price, and Contractor’s request for a change has been denied in whole or in part.
Claims governed by this Article must be filed no later than thirty (30) Days after a
request for change has been denied in whole or in part or after any other event giving
rise to the Claim. The Claim shall be submitted in writing to the City and shall include
on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The
Claim shall include the all information and documents necessary to substantiate the
Claim, including but not limited to those identified below. Nothing in this Article is
intended to extend the time limit or supersede notice requirements otherwise
provided by Contract Documents. Failure to follow such contractual requirements
shall bar any Claims or subsequent proceedings for compensation or payment
thereon.
D. Documentation. The Contractor shall submit all Claims in the following format:
1. Summary description of Claim including basis of entitlement, merit and amount of
time or money requested, with specific reference to the Contract Document
provisions pursuant to which the Claim is made
2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other
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3. Chronology of events and correspondence
4. Narrative analysis of Claim merit
5. Analysis of Claim cost, including calculations and supporting documents
6. Time impact analysis in the form required by the Contract Documents or, if the
Contract Documents do not require a particular format, CPM format, if an
adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall
conduct a reasonable review of the Claim and, within a period not to exceed 45 Days,
shall provide the Contractor a written statement identifying what portion of the Claim
is disputed and what portion is undisputed. Any payment due on an undisputed
portion of the Claim will be processed and made within 60 Days after the City issues
its written statement.
1. If the City needs approval from its governing body to provide the Contractor a
written statement identifying the disputed portion and the undisputed portion of the
Claim, and the City’s governing body does not meet within the 45 Days or within
the mutually agreed to extension of time following receipt of a Claim sent by
registered mail or certified mail, return receipt requested, the City shall have up to
three (3) Days following the next duly publicly noticed meeting of the City’s
governing body after the 45-Day period, or extension, expires to provide the
Contractor a written statement identifying the disputed portion and the undisputed
portion.
2. Within 30 Days of receipt of a Claim, the City may request in writing additional
documentation supporting the Claim or relating to defenses or Claims the City may
have against the Contractor. If additional information is thereafter required, it shall
be requested and provided pursuant to this subdivision, upon mutual agreement
of the City and the Contractor. The City’s written response to the Claim, as further
documented, shall be submitted to the Contractor within 30 Days (if the Claim is
less than $50,000, within 15 Days) after receipt of the further documentation, or
within a period of time no greater than that taken by the Contractor in producing
the additional information or requested documentation, whichever is greater.
F. Meet and Confer. If the Contractor disputes the City’s written response, or the City
fails to respond within the time prescribed, the Contractor may so notify the City, in
writing, either within 15 Days of receipt of the City’s response or within 15 Days of
the City’s failure to respond within the time prescribed, respectively, and demand in
writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand, the City shall schedule a meet and confer
conference within 30 Days for settlement of the dispute.
G. Mediation. Within 10 business days following the conclusion of the meet and confer
conference, if the Claim or any portion of the Claim remains in dispute, the City shall
provide the Contractor a written statement identifying the portion of the Claim that
remains in dispute and the portion that is undisputed. Any payment due on an
undisputed portion of the Claim shall be processed and made within 60 Days after
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the City issues its written statement. Any disputed portion of the Claim, as identified
by the Contractor in writing, shall be submitted to nonbinding mediation, with the City
and the Contractor sharing the associated costs equally. The public entity and
Contractor shall mutually agree to a mediator within 10 business days after the
disputed portion of the Claim has been identified in writing, unless the parties agree
to select a mediator at a later time.
1. If the parties cannot agree upon a mediator, each party shall select a mediator and
those mediators shall select a qualified neutral third party to mediate with regard
to the disputed portion of the Claim. Each party shall bear the fees and costs
charged by its respective mediator in connection with the selection of the neutral
mediator.
2. For purposes of this Article, mediation includes any nonbinding process, including,
but not limited to, neutral evaluation or a dispute review board, in which an
independent third party or board assists the parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform
to the timeframes in this Article.
3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under
Section 20104.4 to mediate after litigation has been commenced.
4. The mediation shall be held no earlier than the date the Contractor completes the
Work or the date that the Contractor last performs Work, whichever is earlier. All
unresolved Claims shall be considered jointly in a single mediation, unless a new
unrelated Claim arises after mediation is completed.
H. Procedures After Mediation. If following the mediation, the Claim or any portion
remains in dispute, the Contractor must file a Claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of
Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.
For purposes of those provisions, the running of the period of time within which a
Claim must be filed shall be tolled from the time the Contractor submits his or her
written Claim pursuant to subdivision (a) until the time the Claim is denied, including
any period of time utilized by the meet and confer conference.
I. Civil Actions. The following procedures are established for all civil actions filed to
resolve Claims of $375,000 or less:
1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive
pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to
commencement of the action in accordance with Public Contract Code section
9204 and the terms of this Contract. The mediation process shall provide for the
selection within 15 Days by both parties of a disinterested third person as mediator,
shall be commenced within 30 Days of the submittal, and shall be concluded within
15 Days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
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2. If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of
the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The
Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter
3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding
brought under this subdivision consistent with the rules pertaining to judicial
arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title
3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be
experienced in construction law, and (B) any party appealing an arbitration award
who does not obtain a more favorable judgment shall, in addition to payment of
costs and fees under that chapter, also pay the attorney’s fees on appeal of the
other party.
J. Government Code Claim Procedures.
1. This Article does not apply to tort claims and nothing in this Article is intended nor
shall be construed to change the time periods for filing tort claims or actions
specified by Chapter 1 (commending with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the
Government Code.
2. In addition to any and all requirements of the Contract Documents pertaining to
notices of and requests for adjustment to the Contract Time, Contract Price, or
compensation or payment for Additional Work, disputed Work, construction claims
and/or changed conditions, the Contractor must comply with the claim procedures
set forth in Government Code Section 900, et seq. prior to filing any lawsuit against
the City.
3. Such Government Code claims and any subsequent lawsuit based upon the
Government Code claims shall be limited to those matters that remain unresolved
after all procedures pertaining to adjustment of the Contract Time or Contract Price
for Additional Work, disputed Work, construction claims, and/or changed
conditions have been followed by Contractor. If Contractor does not comply with
the Government Code claim procedure or the prerequisite contractual
requirements, Contractor may not file any action against the City.
4. A Government Code claim must be filed no earlier than the date the Work is
completed or the date the Contractor last performs Work on the Project,
whichever occurs first. A Government Code claim shall be inclusive of all
unresolved Claims known to Contractor or that should reasonably by known
to Contractor excepting only new unrelated Claims that arise after the
Government Code claim is submitted.
K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the
time periods described in this Article or to otherwise meet the time requirements of
this Article shall result in the Claim being deemed rejected in its entirety, and shall
not constitute a waiver of any rights under this Article.
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ARTICLE 10 - MEASUREMENT; PAYMENT
10.1 Cost Breakdown.
A. Lump Sum Work.
1. Contractor shall furnish on forms approved by the City within ten (10) Days of the
Notice to Proceed, a schedule of values allocating the entire Contract Price to the
various portions of the Work and prepared in such a form and supported by such
data to substantiate its accuracy as the Engineer may require. This schedule of
values, unless objected to by the Engineer, shall be used as a basis for reviewing
the Contractor’s applications for payment. Contractor shall submit the schedule of
values prior to submitting its first application for payment, and the City will not issue
any payment until it receives and approves the schedule of values.
B. Unit Price Work.
1. Where the Contract Documents provide that all or part of the Work is to be Unit
Price Work, initially the Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each separately identified
item of Unit Price Work multiplied by the estimated quantity of each item as
indicated in the Contract. The estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of comparison of Bids and
determining an initial Contract Price. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover Contractor’s overhead
and or profit for each separately identified item.
2. Unless otherwise specified, payment will be based on the actual quantities of Work
as verified and approved by the Engineer, based on the price per unit as set forth
in the Bid.
3. The City or Contractor may initiate a Change Order or Change Order Request to
adjust the Contract Price in accordance with Contractor Documents based on
actual quantities of Unit Price Work. The City or Contractor may make a claim for
an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor
differs by twenty-five percent (25%) or more from the estimated quantity of
such item indicated in the Contract; and
b. there is no corresponding adjustment with respect to any other item
of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit
price as a result of having incurred additional expense or the City believes
that the City is entitled to a decrease in unit price and the parties are unable
to agree as to the amount of any such increase or decrease.
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10.2 Progress Estimates and Payment.
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to
Engineer a payment request which shall set forth in detail the value of the Work done
for the period beginning with the date Work was first commenced and ending on the
end of the calendar month for which the payment request is prepared. Contractor
shall include an adjusted list of actual quantities, verified by the Engineer, for unit
price items listed, if any, in the Bid. Contractor shall include any amount earned for
authorized Additional Work. Contractor shall certify under penalty of perjury, that all
cost breakdowns and periodic estimates accurately reflect the Work on the Project.
B. From the total thus computed, a deduction shall be made in the amount of five
percent (5%) for retention, except where the City has adopted a finding that the Work
done under the Contract is substantially complex, and then the amount withheld as
retention shall be the percentage specified in the Notice Inviting Bids. From the
remainder a further deduction may be made in accordance with Section C below.
The amount computed, less the amount withheld for retention and any amounts
withheld as set forth below, shall be the amount of the Contractor’s payment request.
C. The City may withhold a sufficient amount or amounts of any payment or payments
otherwise due to Contractor, as in its judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against Contractor
or any Subcontractors for labor or materials furnished in and about the
performance of work on the Project under this Contract.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to his Subcontractor or for material
or labor.
4. Completion of the Contract if there is a reasonable doubt that the Work can be
completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the Count for claims against Contractor.
7. Failure of Contractor to keep the Record Drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
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D. The City may apply such withheld amount or amounts to payment of such claims or
obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of
this Article, which must be retained or applied in accordance with applicable law. In
so doing, the City shall be deemed the agent of Contractor and any payment so
made by the City shall be considered as a payment made under contract by the City
to Contractor and the City shall not be liable to Contractor for such payments made
in good faith. Such payments may be made without prior judicial determination of
claim or obligations. The City will render Contractor a proper accounting of such
funds disbursed on behalf of Contractor.
E. Upon receipt, the Engineer shall review the payment request to determine whether
it is undisputed and suitable for payment. If the payment request is determined to
be unsuitable for payment, it shall be returned to Contractor as soon as practicable
but not later than seven (7) Days after receipt, accompanied by a document setting
forth in writing the reasons why the payment request is not proper. The City shall
make the progress payment within 30 Days after the receipt of an undisputed and
properly submitted payment request from Contractor, provided that a release of liens
and claims has been received from the Contractor pursuant to Civil Code section
8132. The number of days available to the City to make a payment without incurring
interest pursuant to this paragraph shall be reduced by the number of Days by which
the Engineer exceeds the seven (7) Day requirement.
F. A payment request shall be considered properly executed if funds are available for
payment of the payment request and payment is not delayed due to an audit inquiry
by the financial officer of the City.
G. The City shall have the right to adjust any estimate of quantity and to subsequently
correct any error made in any estimate for payment.
10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City
a written statement of the final quantities of unit price items for inclusion in the final
payment request. The City shall have the right to adjust any estimate of quantity
and to correct any error made in any estimate for payment.
B. When the Work has been accepted there shall be paid to Contractor a sum equal to
the Contract Price less any amounts previously paid Contractor and less any
amounts withheld by the City from Contractor under the terms of the Contract. The
final five percent (5%), or the percentage specified in the Notice Inviting Bids where
the City has adopted a finding of substantially complete, shall not become due and
payable until as required by Public Contract Code section 7107. If the Contractor
has placed securities with the City as described herein, the Contractor shall be paid
a sum equal to one hundred percent (100%) of the Contract Price less any amounts
due the City under the terms of the Contract.
C. Unless Contractor advises the City in writing prior to acceptance of the final five
percent (5%) or the percentage specified in the Notice Inviting Bids where the City
has adopted a finding of completion, or the return of securities held as described
herein, said acceptance shall operate as a release to the City of all claims and all
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liability to Contractor for all things done or furnished in connection with this Work and
for every act of negligence of the City and for all other claims relating to or arising
out of this Work. If Contractor advises the City in writing prior to acceptance of final
payment or return of the securities that there is a dispute regarding the amount due
the Contractor, the City may pay the undisputed amount contingent upon the
Contractor furnishing a release of all undisputed claims against the City with the
disputed claims in stated amounts being specifically excluded by Contractor from the
operation of the release. No payments, however, final or otherwise, shall operate to
release Contractor or its sureties from the Faithful Performance Bond, Labor and
Material Payment Bond, or from any other obligation under this Contract.
D. In case of suspension of the Contract any unpaid balance shall be and become the
sole and absolute property of the City to the extent necessary to repay the City any
excess in the cost of the Work above the Contract Price.
E. Final payment shall be made no later than 60 Days after the date of acceptance of
the Work by the City or the date of occupation, beneficial use and enjoyment of the
Work by the City including any operation only for testing, start-up or commissioning
accompanied by cessation of labor on the Work, provided that a release of liens and
claims has been received from the Contractor pursuant to Civil Code section 8136.
In the event of a dispute between the City and the Contractor, the City may withhold
from the final payment an amount not to exceed 150% of the disputed amount.
F. Within ten (10) Days from the time that all or any portion of the retention proceeds
are received by Contractor, Contractor shall pay each of its Subcontractors from
whom retention has been withheld each Subcontractor’s share of the retention
received. However, if a retention payment received by Contractor is specifically
designated for a particular Subcontractor, payment of the retention shall be made to
the designated Subcontractor if the payment is consistent with the terms of the
subcontract.
ARTICLE 11 - MISCELLANEOUS
11.1 Patents.
A. Contractor shall hold and save the City, officials, officers, employees, and authorized
volunteers harmless from liability of any nature or kind of claim therefrom including
costs and expenses for or on account of any patented or unpatented invention,
article or appliance manufactured, furnished or used by Contractor in the
performance of this Contract.
11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and
the Contractor shall be subject to examination and audit by the State Auditor General
for a period of three (3) years after final payment.
B. Contractor shall make available to the City any of the Contractor’s other documents
related to the Project immediately upon request of the City.
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C. In addition to the State Auditor rights above, the City shall have the right to examine
and audit all books, estimates, records, contracts, documents, bid documents,
subcontracts, and other data of the Contractor (including computations and
projections) related to negotiating, pricing, or performing the modification in order to
evaluate the accuracy and completeness of the cost or pricing data at no additional
cost to the City, for a period of four (4) years after final payment.
11.3 Notice.
A. All notices shall be in writing and either served by personal delivery or mailed to the
other party. Written notice to the Contractor shall be addressed to Contractor’s
principal place of business unless Contractor designates another address in writing
for service of notice. Notice to the City shall be addressed to the City as designated
in the Notice Inviting Bids unless the City designates another address in writing for
service of notice. Notice shall be effective upon receipt or five (5) Days after being
sent by first class mail, whichever is earlier. Notice given by facsimile shall not be
effective unless acknowledged in writing by the receiving party.
11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor
with timely notification of the receipt of any third-party claims relating to the Contract.
The City is entitled to recover reasonable costs incurred in providing such
notification.
11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’
State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4)
years of the date of the alleged violation. A complaint regarding a latent act or
omission pertaining to structural defects must be filed within ten (10) years of the
date of the alleged violation. Any questions concerning a contractor may be referred
to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento,
California 95826.
11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the
rights or title of interest of any or all of this contract without the prior written consent
of the City. Any assignment or change of Contractor’s name of legal entity without
the written consent of the City shall be void. Any assignment of money due or to
become due under this Contract shall be subject to a prior lien for services rendered
or material supplied for performance of Work called for under the Contract
Documents in favor of all persons, firms, or corporations rendering such services or
supplying such materials to the extent that claims are filed pursuant to the Civil Code,
the Code of Civil Procedure or the Government Code.
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11.7 Change In Name And Nature Of Contractor’s Legal Entity.
A. Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken
to have the change reflected on the Contract and all related documents. No change
of Contractor’s name or nature will affect the City’s rights under the Contract,
including but not limited to the bonds.
11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of
City to negotiate, supervise, make, accept, or approve, or to take part in negotiating,
supervising, making, accepting or approving any engineering, inspection,
construction or material supply contract or any subcontract in connection with
construction of the project, shall be or become directly or indirectly interested
financially in the Contract.
11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any subcontractor, supplier,
or other person or organization performing any part of the Work, this Contract shall
be governed by the law of the State of California excluding any choice of law
provisions.
11.10 Jurisdiction; Venue
A. Contractor and any subcontractor, supplier, or other person or organization
performing any part of the Work agrees that any action or suits at law or in equity
arising out of or related to the bidding, award, or performance of the Work shall be
maintained in the Superior Court of San Bernardino County, California, and
expressly consent to the jurisdiction of said court, regardless of residence or
domicile, and agree that said court shall be a proper venue for any such action.
11.11 Cumulative Remedies.
A. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to the parties hereto are in addition to, and are not to
be construed in any way as a limitation of, any rights and remedies available to any
or all of them which are otherwise imposed or available by Applicable Laws, by
special warranty or guarantee, or by other provisions of the Contract Documents.
The provisions of this Article will be as effective as if repeated specifically in the
Contract Documents in connection with each particular duty, obligation, right, and
remedy to which they apply.
11.12 Survival of Obligations.
A. All representations, indemnifications, warranties, and guarantees made in, required
by, or given in accordance with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive final payment,
completion, and acceptance of the Work or termination or completion of the Contract
or termination of the services of Contractor.
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11.13 Headings.
A. Article and paragraph headings are inserted for convenience only and do not
constitute parts of these General Conditions.
11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor
and Subcontractors must conform to the following requirements:
1. In entering into a public works contract or a subcontract to supply goods, services,
or materials pursuant to a public works contract, Contractor or Subcontractor offer
and agree to assign to the awarding body all rights, title, and interest in and to all
causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of
Division 7 of the Business and Professions Code) arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract.
2. This assignment must be made and become effective at the time the awarding
body tenders to Contractor, without further acknowledgment by the parties.
11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, rules and regulations bearing on conduct of work as indicated and
specified by their terms. References to specific laws, rules or regulations in this
Contract are for reference purposes only, and shall not limit or affect the applicability
of provisions not specifically mentioned. If Contractor observes that drawings and
specifications are at variance therewith, he shall promptly notify City in writing and
any necessary changes shall be adjusted as provided for in this Contract for changes
in Work. If Contractor performs any Work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to City, he shall bear all
costs arising therefrom.
B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act
(“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with
ADA laws, rules and regulations. Contractor shall comply with the Historic Building
Code, including, but not limited to, as it relates to the ADA, whenever applicable.
C. Contractor acknowledges and understands that, pursuant to Public Contract Code
section 20676, sellers of "mined material" must be on an approved list of sellers
published pursuant to Public Resources Code section 2717(b) in order to supply
mined material for this Contract.
D. No City official or representative who is authorized in such capacity and on behalf of
City to negotiate, supervise, make, accept, or approve, or to take part in negotiating,
supervising, making, accepting or approving any engineering, inspection,
construction or material supply contract or any subcontract in connection with
construction of the Work, shall be or become directly or indirectly interested
financially in the Contract.
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E. All provisions of law required to be inserted in the Contract or Contract Documents
pursuant to any Applicable Laws shall be and are inserted herein. If through mistake,
neglect, oversight, or otherwise, any such provision is not herein inserted or inserted
in improper form, upon the application of either party, the Contract or Contract
Documents shall be changed by City, at no increase in Contract Price or extension
in Contract Times, so as to strictly comply with the Applicable Laws and without
prejudice to the rights of either party hereunder
11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be
executed by electronic or digital signature, which shall be considered as an original
signature for all purposes and shall have the same force and effect as an original signature
ARTICLE 12 -– FLEET COMPLIANCE
12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors
comply, with all requirements of the most current version of the California Air Resources
Board (“CARB”) including, without limitation, all applicable terms of Title 13, California
Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for
inspection and copying any and all documents or information associated with Contractor’s
and subcontractors’ fleet including, without limitation, the CRCs, fuel/ref ueling records,
maintenance records, emissions records, and any other information the Contractor is
required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar
days’ notice from the City.
12.3 Contractor shall be solely liable for any and all costs associated with complying with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with
any and all violations, or failures to comply with the Regulation. Contractor shall defend,
indemnify and hold harmless the City, its officials, officers, employees and authorized
volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising
out of any failure or alleged failure to comply with the Regulation.
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ARTICLE 1 -SCOPE OF WORK
1.1 Location of the Project.
A. Encanto Park, 1180 W. 9th Street (9th and Mt. Vernon) San Bernardino, CA 92411
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1.2 Scope of Work.
A. The Scope of Work consists of replacing and adding chain link fences, laser
leveling of the fields (excluding turf areas), removing and replacing bleachers
and benches, adding ADA parking, ADA path, and ADA ramp.
ARTICLE 2 -MODIFICATIONS TO THE GENERAL CONDITIONS
2.1 Section 2.12 Mobilization
Paragraph B.8 add the following:
No storage of equipment or materials will be allowed on private property, unless written
permission has been provided to City, or in street right-of-way.
2.2 Section 5.5 Safety
Section 5.5.A states, “Contractor to notify owners of adjacent property and of Underground
Facilities and other utility owners when prosecution of the work may affect them.” The following
requirements will be added to Section 5.5.A. The following list of individuals or entities, which
are known to have facilities in the area to be improved is merely for the Contractor's information
and may or may not be complete or inclusive:
City of San Bernardino (Engineering)------------------------------------(909) 384-5019
Southern California Edison, Ben Murguia-------------------------------(909) 307-6788
Southern California Gas Company, Devry Jennings-------------------(909) 335-7772
San Bernardino Municipal Water Department, Mike Nevarez------(909) 384-5092
Verizon Communications, Control Desk--------------------------------(909) 784-6655
AT&T, Rosemary Hamill--------------------------------------------------(916) 799-4642
Underground Service Alert------------------------------------------------(800) 227-2600
California Department of Transportation-------------------------------(909) 383-6920
2.3 Section 5.10 Water Quality Management and Compliance
Section 5.10 of the General Conditions requirement for SWPPP shall not be required, flow chart
[Const_LUP_Flowchart_DetPrjCov (ca.gov)] finds this project to be exempt, the following
requirements will be added to Section 5.10:
“Water Pollution Control,” of the Standard Specifications, and as amended by these Special
Conditions, shall be considered as included in the lump sum bid item price for “WATER
POLLUTION CONTROL BEST MANAGEMENT PRACTICES (BMP)”, which price shall include
full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all
work involved to establish, implement, monitor and maintain the BMP’s required by the SWPPP,
and no additional compensation shall be allowed therefore. The Contractor shall be responsible
for payment of any administrative fines that may be imposed on the City due to the Contractor’s
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failure to comply with the terms of the applicable permits regulating Water Pollution Control.
Administrative fines, if imposed, will be withheld from the Contractor’s payments.
2.4 Section 5.27 Work Site
Section 5.27 Work Site, shall add the following requirements:
The contractor shall notify all residents and business owners, in writing (both in English and in
Spanish), of his proposed operations and schedule. Notice shall be delivered at least ten (10)
working days prior to start of construction. The contractor shall prepare a letter for this purpose
and submit the letter to the Engineer for approval at least five (5) working days prior to the date
needed for its circulation. The Contractor shall be responsible for reproduction and distribution
of the letters. The time to notify in advance shall be coordinated with the City inspector.
Project sign board shall be in-placed in advance (30 days after Notice to Proceed, NTP) prior to
any start of construction. Check with the City as to how far in advance to have the project
signage to be in-placed. See Attachment.
The Contractor shall follow: Greenbook 2021, Section 302-3.8, pages 317; Greenbook 2021,
Section 302-4.7, page 322, and Greenbook 2021, PART 6 TEMPORARY TRAFFIC CONTROL
SECTION 600-ACCESS, All of Sections 600 and 601, that apply to this project, pages 543 to
550. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in
advance of closing of driveways.
Re-notification will be required if the Contractor’s schedule is altered or other delays occur,
which significantly affects the scheduled work. Then, it shall be at Contractor’s expense.
2.5 Section 5.29 Protection of Work and Property
Add Paragraph H and add the following:
The Contractor shall provide sufficient barricades, delineators and ribbon at each location to
adequately protect the new and fresh concrete surfaces from vandalism and unauthorized
markings. Newly poured and finished concrete areas shall be delineated or cordoned off with
tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the
fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff
marks) in the new sidewalk surfaces are not acceptable, and may be cause for rejection. All
such areas rejected due to such cause shall be removed and replaced at the Contractor’s
expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be
considered as incidental to the cost of the work and no additional compensation will be allowed
therefore.
END OF SPECIAL CONDITIONS
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SPECIFICATIONS
SECTION 32 31 00 - CHAIN LINK FENCING
PART 1 GENERAL
1. RELATED DOCUMENTS
a. The requirements of Section 206-6 “Chain Link Fence”, Section 304-3 “Chain Link
Fence” of the "Standard Specifications for Public Works Construction," latest edition,
shall apply except as modified herein.
2. SCOPE
a. Work of this Section includes all material, equipment, and labor incidental to completing
all Chain Link Fence work complete as indicated on the Drawings and designated herein,
including but not limited to, the following:
1) Fence fabric, posts, rails, braces, and other appurtenances.
2) Backstop fabrication.
3) Excavation for foundations.
4) Concrete foundations for post and cane bolts.
5) Gates and related hardware.
6) Signage for court identification.
7) Wind screening.
3. RELATED WORK SPECIFIED ELSEWHERE
a. Concrete: Section 03 30 00
b. Metal Fabrications Section 05 50 00
4. STANDARDS
a. Materials and workmanship shall conform to the requirements of all applicable building
codes, except that requirements specified herein shall govern where they exceed those
in the Building Code. Refer and comply with the provisions of the following Standards,
except as otherwise shown or specified:
1) Chain Link Fence Manufacturers Institute (CLFMI) - Voluntary Standard for Chain
Link Fence Installation.
2) ASTM A120 - Hot Dip Zinc Coated (Galvanized) Welded and Seamless Steel Pipe.
3) ASTM A123 - Zinc (Hot-Galvanized Coatings on Products Fabricated from Rolled,
Pressed and Forged Steel Shapes, Bars, and Strip).
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5. QUALITY ASSURANCE
a. Use adequate numbers of skilled workmen who are thoroughly trained and experienced
in the necessary crafts and who are completely familiar with the specific requirements
and the methods needed for proper performance of the work of this section.
b. Contractor shall verify drawing dimensions with actual field conditions. Inspect related
work and adjacent surfaces. Report to the Landscape Architect all conditions which
prevent proper execution of this work.
6. SUBMITTALS
a. All submittals shall be furnished in quadruplicate and received at least thirty (30) days
prior to commencing any work of this Section. Shop Drawings shall be furnished in
accordance with Section 2-5.3 of the Standard Specifications.
1) Shop Drawings: Chain link fencing and baseball backstop require shop drawings.
Clearly indicate layout in both plan and elevation views showing spacing of
components, accessories, fitments, foundation sizes, backstop fabrication, gate
locations and sizes, direction of swing, line and end posts, light poles being
incorporated into the fencing and all tensioning devices and braces.
2) Provide court signage blanks with dimensions showing mounting hole locations
and size, and method of attachment to gate.
3) Materials list: Submit a complete list of all materials proposed to be furnished and
installed under this Section, demonstrating complete conformance with the
requirements specified.
4) Color samples (four sets).
a) Windscreen fabric (If Applicable).
b) Court signage numbers and letters.
5) Product data sheets: Submit data sheets for all materials of this section for which
substitutions are proposed.
PART 2 MATERIALS
All materials for chain link fencing shall conform to Section 206-6 of the standard
specifications except as modified herein.
1. GENERAL
a. No advertising signage, impression, stamp, or mark of any description will be permitted
on the fence.
2. COMPONENTS
a. Posts, Rails and Frames: All tubular members shall comply with provision of
ASTM -A120 for weight and coating. All structural shapes shall comply with provisions
of ASTM - A123 for galvanized coating.
1) Fencing less than six feet (6') in height:
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a) Line Posts: 1,900 inch O.D., 2.72 lbs./ft., roll formed sections.
b) Corner, Sliding Gate, Pull and Terminal Posts: 2.375 inch O.D., 3.65 lbs/ft.
roll formed sections.
c) Top and Brace Rail: 1.660 inch O.D., 2.72 lbs/ft., plain end, sleeve coupled,
roll formed sections.
d) Gate Frame: 1.900 inch O.D., 2.72 lbs./ft.
2) Fencing between six feet (6') and over, but less than ten feet (10') in height.
a) Line Posts: 2.375 inch O.D., 3.65 lbs./ft.
b) Corner, Sliding Gate, Pull Terminal Posts: 2.875 inch O.D., 5.79 lbs./ft.
c) Top and Brace Rail: 1.900 inch O.D., 2.72 lbs./ft.
d) Gate Frame: 1.900 inch O.D., 2.72 lbs./ft.
3) Fencing between ten feet and twelve feet, with or without wind-screening:
a) Line Posts: 2.875 inch O.D., 2.72 lbs./ft.
b) Corner, Sliding Gate, Pull and Terminal Posts: 3.5 inch O.D., 7.58 lbs./ft.
c) Top, Mid and brace Rail: 1.900 inch O.D., 2.72 lbs./ft.
d) Gate Frame: 1.900 O.D., 2.72 lbs./ft.
4) Swing Gate Posts:
a) Gate leaves up to and including 6'-0" wide: 2.875 inch O.D., 5.79 lbs./ft
b) Gate leaves over 6'-0" and up to and including 13'-0" wide: 4 inch O.D., 9.10
lbs/ft.
c) Gate leaves over 13'-0" and up to and including 18'-0": 6-5/8 inch O.D., 18.97
lbs./ft.
5) Post should not extend 10’-0” between posts
b. Caps: Cast or pressed steel or malleable iron, hot dip galvanized, sized to post
dimension, set screw retained. Where top rail is specified, use caps that permit pass
through of top rail.
c. Fittings: Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings, are all to
be galvanized steel.
d. Fabric: Interwoven 9 gage knuckled selvage top and bottom, two inch (2") diamond
mesh. Heavy galvanized finish - 2.0 ounces zinc per square foot complying with
ASTM-A392, Class II. Provide black vinyl coating where specified on plans.
e. Bottom tension wire: 7-gage galvanized coil spring wire.
f. Swing Gate hardware:
1) Hinges: Pressed steel of malleable iron to suit gate size, non-lift off type,
offset to permit 180 degree gate opening.
2) Latch: Fork type with integral padlock eye heavy duty malleable iron.
3) Cane Bolt: 2-piece spring loaded drop bolt with sleeved concrete gate center rest.
a) Sliding Gate: Aluminum cantilever sliding gate. Gate frame shall be two
inches square (2" sq.) aluminum tubing welded at all corners.
b) Fabric Ties: 9-gage galvanized steel post ties and 11-gage hog ring tension
wire ties. Aluminum ties are not approved.
c) Stretcher Bars: Galvanized high carbon steel bars not smaller than 3/16" x
3/4." Stretcher bar bands to be heavy pressed steel or malleable iron spaced
no more than fifteen inches (15") oc.
d) Gate Diagonal brace: 3/8" diameter adjustable length truss rods.
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e) Post Foundation Concrete: Class 470-B-2000 in accordance with the
Standard Specifications.
3. COURT SIGNAGE
a. Court identification signs shall be anodized aluminum blanks covered with engineer
grade scotch-lite face (white), with two inch (2") high letters ("Court") and six inch (6")
high numbers ("1", "2"), etc.). Letters and numbers are to be standard size,
approximately 12" square by .063" thick.
4. WINDSCREEN
a. Windscreens shall be VCP fabric. Fabric shall be an open mesh, 50% polyester, 50%
vinyl, with windbreak performance factor of 70%. The fabric shall weigh 7 oz. per square
yard with a rated tensile strength of 230 x 200. Fabric weave shall be 9 x 12 thread per
inch. Hems shall be minimum 1-1/2" wide, reinforced, double sewn with heavy duty
polyester thread. Grommets shall be #2 brass spaced at no more than eighteen inches
(18") oc along horizontal hems and twelve inches (12") oc along vertical hems. Single
fabric panels nine feet or larger in height shall have a center reinforcing tape fence
hemmed in place with brass grommets. Fabric color shall be green, submit samples for
recommended approval. Panels shall have factory sewn, reinforced air vents at ten feet
(10') oc. Fasteners shall be #3 x 9 gage hog rings.
PART 3 EXECUTION
1. INSTALLATION
a. Install all posts, rails, and fabric to provide a rigid structure. Use manufacturer's standard
length (+ 20') rails. Use standard fittings, fasteners, and hardware. Gates shall be full
height of fence unless otherwise shown on the plans. Fence shall be six feet (6'-0") high
unless otherwise shown on the plans. ten feet (10’-
0”)
b. Install post sleeves, set sleeves in concrete footings, extending 4”.
B.1 Install posts in sleeves minimum 2;-0” & rivet anchor together.
c. Connect rails to posts to form continuous bracing from end to end of each run of fence.
Provide mid-rail for all fencing ten feet (10') high and taller, and on six foot (6') high fence
where indicated.
d. `Fasten fabric to posts, rails, and braces with ties maximum twelve inches (12") on
center. Fasten fabric to tension wire with hog rings at maximum twelve inches (12") oc.
e. Attach fabric to end, corner, gate, and pull posts and gate frame ends with stretcher bars
and stretcher bar bands.
f. Stretch fabric between posts and rails.
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g. Install gates using fabric to match fence. Install three (3) hinges per leaf, and one latch
per gate. Provide diagonal braces on all gate leaves.
h. Provide cane bolt with sleeved socket and concrete center rest at center of all double
gate openings.
i. Provide each Futsal court with one identification sign. Install court identification signs at
eye level on the exterior of the pedestrian gate to each court. Signs shall be attached to
the chain link using hog rings.
j. Install windscreen fabric to portions of fence and gates as shown on the plans, and per
manufacturer’s recommendations.
2. CLEAN-UP
a. Upon completion of work of this section, the Contractor shall remove all equipment,
excess material, and waster products from the site.
3. PAYMENT TERMS
a. Payment for chain-link fencing will be at the Linear Feet price. Install 10’ high chain link
fence. Payment shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work in chainlink fencing as herein
specified. A 10% retention shall apply to all chainlink fencing work.
END OF SECTION
Article I. CONSTRUCTION BID ITEMS
Each respective bid item and bid schedule as shown on the proposal form shall comply with
all respective sections of the most current edition of Standard Specifications for Public
Works Construction (Green Book), its supplements, and any other publications as specified.
If there is a conflict between these inclusions and the Standard Specifications, these inclusions
shall have precedence.
Article II. BID ITEM 1 - MOBILIZATION:
This bid item shall conform to the provisions in Section 9-3.4, “Mobilization”, of the
Standard Specifications of Public Works Construction, 2021 edition, and these special
provisions.
Mobilization may include, but not be limited to, the following principal items:
1. Submittal and modification, as required, of the Construction Schedule.
2. Providing a Project Office (if needed)
3. Review of the Site.
4. Obtaining all required Transportation Permits.
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5. Submittal of all required insurance certificates and bonds as required by
these Specifications.
6. Moving onto the site, including, but not limited to:
A. Equipment
B. Arranging for and erection of Contractor’s work and storage areas.
7. Installing construction fencing and temporary construction power and wiring.
Providing a minimum of one restroom facility for each twenty-five (25)
workers occupying the site. Facilities may include existing functioning restrooms,
or portable chemical facilities, or any combination thereof, and shall count as one
for each urinal or one for each water closet (as required).
9. Installing all temporary utilities (as required).
10. Establishing required fire protection provisions – If applicable.
11. Posting all OSHA required notices and establishment of safety programs.
12. Posting of all Department of Labor notices.
13. Having the Contractor’s superintendent at the job site full-time and responding
24 hours per day.
14. Air and water quality protective measures, as necessary, and without limitation.
15. Potholing and other research and review as necessary to verify site conditions and
utility locations.
16. Demobilization of the Site.
17. Any other item as specified.
The cost of bonds, insurance, move in and move out costs, preparation and submission
of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall
be Included in the Bid Item provided for mobilization and demobilization and incidental project
costs as a Lump Sum item, for which 75 percent (75%) will be eligible for inclusion in the first
progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100
percent (100%) of the work has been completed and if progress of the work is satisfactory.
No work shall be started without prior approval of the submittals. Failure to comply with the
preceding requirement will be sufficient ground for the Engineer to stop all work on the project
until the requirements are met.
Measurement and Payment for this bid item, “MOBILIZATION,” shall be paid per Lump Sum (LS)
and shall be considered as full compensation for furnishing all labor, materials, tools, equipment,
and incidentals for doing all work involved in Mobilization per project plans and specifications;
no additional compensation will be allowed.
BID ITEM 2 - REMOVAL OF EXISTING DUGOUT CHAIN LINK FENCE AND DOORS
This bid item shall consist of removal of the existing 6’ High Chain Link Fence around the
dugouts, and the doors thereof. Protect the posts/ footings in place. Nothing in these Special
Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7,
“Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per Linear Feet (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
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BID ITEM 3 – REMOVE BENCHES INSIDE DUGOUTS
This bid item shall consist of removal of the existing team benches from inside the dugouts.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 4 – REMOVE CONCRETE RAMP AND CURB FLARE
This bid item shall consist of removal of the existing concrete ramp and curb flare. Nothing in
these Special Provisions shall relieve the Contractor from his responsibilities as provided in
Section 5-7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 5 – REMOVE AND DISPOSE EXISTING BLEACHERS
This bid item shall consist of removal and disposal of the existing bleachers. Nothing in these
Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-
7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 6 - LASER LEVELING & MATERIAL (CLAY) FOR INFIELD, PITCHING MOUND
AND BASES (NO TURF AREA)
This bid item shall consist of laser leveling including required material (clay) for infield, pitching
mound and bases (turf areas not included). Nothing in these Special Provisions shall relieve the
Contractor from his responsibilities as provided in Section 5-7, “Safety”, of the Standard
Specifications.
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Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 7 - INCREASE HEIGHT OF FENCE AT BACKSTOP, TO BE
A TOTAL OF 20 FEET (WEST PLAYFIELD)
This bid item shall consist of increasing the height of the backstop fence at the west playfield,
to become 20 feet high per plan and attached specifications. See attached picture for
clarification. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per LINEAR FEET (LF) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed
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BID ITEM 8 - FURNISH AND INSTALL DUGOUT FENCE (8' HIGH), GATE, AND BAT RACK
This bid item shall consist of installing new 8’ high fence for dugouts, and new gate and new bat
rack for each dugout. See attached specification for chain link fence. Nothing in these Special
Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7,
“Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 9 - FURNISH AND INSTALL TEAM BENCHES 15' LONG (INGROUND) INSIDE
THE DUGOUTS
This bid item shall consist of installing new team benches inside the dugouts. Provide same or
similar as shown in the attached picture. Nothing in these Special Provisions shall relieve the
Contractor from his responsibilities as provided in Section 5-7, “Safety”, of the Standard
Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 10 - FURNISH AND INSTALL BLEACHERS, WITH AISLE & RISERS, 5 ROWS, 21’
WIDE
This bid item shall consist of installing new bleachers “Anthem Sports” or approved equal.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 11 - FURNISH AND INSTALL CURBS OR PARKING BUMPERS
This bid item shall consist of installing new curbs or parking bumpers. Nothing in these Special
Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7,
“Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
Bid item 12 - MARK DISABLED PARKING STALL SYMBOLS ON PAVEMENT, AND
STRIPING
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105 SPECIFICATIONS
This bid item shall consist of applying markings and striping for disabled parking stalls per plans..
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 13 - FURNISH AND INSTALL DISABLED PARKING STALL SIGNS
This bid item shall consist of furnishing and installing disabled parking stall signs per plans.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as
provided in Section 5-7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 14 - HANDICAP PATH OF TRAVEL, AND ACCESS AISLE STRIPING
This bid item shall consist of applying striping for ADA path of travel and access aisle striping
per plans. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per LUMP SUM (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 15 - CONSTRUCT ADA CONCRETE RAMP
This bid item shall consist of constructing PCC ADA ramp per plans. Use concrete class 560-
C-3250. Nothing in these Special Provisions shall relieve the Contractor from his
responsibilities as provided in Section 5-7, “Safety”, of the Standard Specifications.
Measurement and Payment for this bid item shall be paid per EACH (EA) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
BID ITEM 16 - CONSTRUCTION 4’ X 8’ PROJECT SIGN:
Work specified in this section includes providing all materials and performing all
operations to fabricate, install, modify and/or relocate Project Information Sign, and as
specified in these Special Provisions. Submit a shop drawing for all sign panels, a nd the
Manufacturer's data for the Sign Panels.
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106 SPECIFICATIONS
MATERIALS
A. Project Information Signs shall be constructed per Caltrans specifications for
Plywood single sheet and laminated panel signs.
B. Color of signs, panels and lettering shall be as indicated on the drawing in these
specifications.
C. Sign Posts shall be constructed of wood and shall conform to the provisions of
section 56-2.02B, Caltrans.
D. Mounting Hardware shall be furnished by the Contractor and shall conform to the
provisions of section 56-2.02D, Caltrans.
INSTALLATION
For this contract, one (1) Project Information Sign shall be installed, relocated or
modified for each location as directed by the City Engineer and shall conform to
the provisions of sections 56-2.03, and 56-2.04, Caltrans.
Measurement and Payment
The contract bid price paid to fabricate and install the signs including all ancillary
work be paid by the contract unit price paid per each sign (EA) and shall include
full compensation for providing all materials including post, digging the foundations
for the post, and restoring the area around the post during the duration of the
project. And restoring of the surrounding area after removal of the si gn. This will
also include the removal of the signs and posts.
BID ITEM 17 - FURNISH PAINT, AND PAINT EXISTING FENCE POSTS THAT ARE
RUSTY WITH SILVER COLOR EXTERIOR ENAMEL PAINT THAT ALSO STOPS
RUST.
This bid item shall consist of furnishing and painting existing fence posts that are rusty, with
silver color exterior enamel paint per plan. Nothing in these Special Provisions shall relieve the
Contractor from his responsibilities as provided in Section 5-7 “Safety”, of the Standard
Specifications.
Measurement and Payment for this bid item shall be paid per Lump Sum (LS) and shall be
considered as full compensation for furnishing all labor, materials, tools, equipment, and
incidentals for doing all work involved in this bid item per project plans and specifications; no
additional compensation will be allowed.
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PLANS AND DRAWINGS
"THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY
REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
1. STANDARD PLANS FOR PUBLIC WORK CONSTRUCTION (LATEST EDITION)
2. CALTRANS STANDARD PLANS (LATEST EDITION)
3. ENCANTO PARK, DRAWING NO. 13637
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108 PROJECT SIGN
PROJECT SIGN
CITY OF SAN BERNARDINO
Building a Better San Bernardino
IMPROVEMENTS AT
ENCANTO PARK
PROJECT No. PR 25-008
Estimated Completion:
Spring/Summer 2025
Funding Provided By: Community Development
Block Grant
Council Ward: 6
Helen Tran, Mayor
Rochelle Clayton, City Manager
Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa,
Fred Shorett, Kimberly Knaus, Mario Flores, Treasure Ortiz
For more information, please call the Engineering Department (909) 384-5019
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109 PROJECT SIGN
Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black gr aphics, full
color logo.
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110 BUSINESS REGISTRATION
BUSINESS REGISTRATION
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IMPROVEMENTS AT ENCANTO PARK
111 BUSINESS REGISTRATION
FEDERAL FORMS AND OTHER REQUIREMENTS
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HUD Packet Attachments
Federal Requirements
1.Federal Labor Standards Provisions (HUD - 4010)
2.Compliance Requirements & Applicable Wage Decision
3.Report of Additional Classification and Rate**
4.Equal Employment Opportunity Clause
5.Clean Air and Water Acts
6.Labor Codes Section 1771 – 1815
7.Certification of Understanding and Authorization
8.Equal Employment Opportunity Commitment*
9.Bidders Questionnaire*
10.Non-Segregated Facilities Certification*
11.Past Performance Certification*
12.Federal Lobbyist Certification*
13.Worker's Compensation Certification*
14.List of Proposed Sub Contractors*
15.Declaration of Intent with Section 3*
16.Section 3 Business Concern Certification*
17.Notice of Section 3 Commitment*
18.Section 3 Income Certifications
(Required for all Section 3 Workers and Targeted Section 3 Workers)
19.Qualitative Efforts for Contractors Form
20.Section 3 Economic Opportunity Report
(Due after project completion)
21.Build America Buy America (BABA) Requirements & Certification Form*
22.24 CFR Part 75 Economic Opportunities for Low- and Very Low-Income Persons
* Must Submit Form with Bid
** Must Submit Form with Bid If Needed
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Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Davis-Bacon and Labor Standards
A.APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States
of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions
applicable to such Federal assistance.
(1)MINIMUM WAGES
(i)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at
rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and
made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor
and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits
under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set
forth the time spent in each classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH1321))
shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and
accessible place, where it can be easily seen by the workers.
(ii)Additional Classifications.
(A)Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the wage determination. HUD shall approve an
additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1)The work to be performed by the classification requested is not performed by a classification in the wage
determination;
(2)The classification is utilized in the area by the construction industry; and
(3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B)If the contractor, the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its
designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt
and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235 -0023.)
(C)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
or HUD or its designee do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the
views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number
1235-0023.)
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(D)The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C)
of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the
first day on which work is performed in the classification.
(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the
Office of Management and Budget under OMB Control Number 1235-0023.)
(2)Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the
U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the
wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such
amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are
due. The Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts.
(3)Payrolls and basic records.
(i)Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during
the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security number of each such worker, his
or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act),
daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management
and Budget under OMB Control Numbers 1235-0023 and 1215-0018)
(ii)Certified Payroll Reports.
(A)The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls
to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor
will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its
designee. The payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors.
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Contractors and subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if
the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the
case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It
is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own records, without weekly submission to HUD or its
designee. (Approved by the Office of Management and Budget under OMB Control Number 1235 -0008.)
(B)Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract
and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(2)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in 29 CFR Part 3;
(3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract; and
(C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph
(a)(3)(ii)(b).
(D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(iii)The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection,
copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and
shall permit such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4)Apprentices and Trainees.
(i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer
and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or
her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment
as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,
any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or
subcontractor’s registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
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If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will
no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ii)Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate
for the work performed, unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed.
In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii)Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be
in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29
CFR Part 30.
(5)Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which
are incorporated by reference in this Contract.
(6)Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1)
through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require,
and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in this paragraph.
(7)Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the
contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8)Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract.
(9)Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be
subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of Eligibility.
(i)By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an
interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
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(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or
certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment
(e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802.
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor
standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the
contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under
this Contract to his employer.
B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this
paragraph, the terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require
or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek
in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in
excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum of $27 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In
accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the Department of
Labor adjusts this civil monetary penalty for inflation no later than January 15 each year.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written
request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other
Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the
clause set forth in subparagraph B(2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1)
through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.
C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards
promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law
91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on
each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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Compliance Requirements
This construcƟon project is funded in whole or in part with Federal Community Development
Block Grant funds. Federal Labor Standards Provisions, including prevailing wage requirements of
the Davis-Bacon and Related Acts, will be enforced. Whenever a discrepancy between Federal
RegulaƟons and State Law is idenƟfied, the more stringent of the two shall prevail.
All work classificaƟons reported on a weekly cerƟfied payroll reports must conform with the
appropriate work classificaƟon listed on the Wage Decision. (If both Federal and State Wage rates
are applicable, then the higher of the two shall prevail.)
Wage Decision: CA20210026 ModificaƟon No. 13 Dated 10/18/2024
The awarding agency is required to provide a copy of the applicable Wage Decision and the
Federal Labor Standards Provisions by aƩaching both to the prime contractor's construcƟon
contract.
The prime contractor is responsible for ensuring that each sub-contractor and sub-Ɵer contractor
receives a copy of the Wage Decision. Each contractor, sub-contractor, and sub-Ɵer contractor is
responsible for reviewing the Wage Decision in advance to ensure that each work classificaƟon
to be used in the performance of this project is listed on the Wage Decision.
Work ClassificaƟons or Wage Rates for any work performed on the project that do not conform
to the Work ClassificaƟons listed in the applicable Wage Decision must be approved in advance
by the Department of Housing and Urban Development (HUD).
Contractor, and any sub-recipient, must agree and comply with the following provisions:
1. Suspension of Contract
If at any Ɵme in the opinion of the City, the Contractor has failed to supply an adequate
working force, or material of proper quality, or has failed in any other respect to prosecute
the work with diligence and force as specified and intended in and by the terms of the
contract, noƟce thereof in wriƟng will be served upon him. Should the contractor neglect
or refuse to provide means for a saƟsfactory compliance with the contract, as directed by
the City, within the Ɵme specified in such noƟce, the City in any such case shall have the
power to suspend the operaƟon of the contract. Upon receiving noƟce of such
suspension, the Contractor shall disconƟnue said work or such parts of it as the City may
designate. Upon such suspension, the Contractor's control shall terminate and thereupon
the City Council or its duly-authorized representaƟve may take possession of all or any
part of the Contractor's materials, tools, equipment, and appliances upon the premises
and use the same for the purpose of compleƟng said contract and hire equipment and
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such addiƟonal materials and supplies at the contractor's expense as may be necessary
for the proper conduct of the work and for compleƟon thereof. The City may employ other
parƟes to carry the contract to compleƟon, employ the necessary workmen, subsƟtute
other machinery or materials, and purchase the materials contracted for, in such manner
as the City may deem proper; or the City may annul and cancel the contract and complete
the work or any part thereof.
2. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(A) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or naƟonal origin. The contractor will
take affirmaƟve acƟon to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or naƟonal
origin. Such acƟon shall include, but not be limited to, the following: Employment,
upgrading, demoƟon, or transfer, recruitment or recruitment adverƟsing, layoff or
terminaƟon, rates of pay or other forms of compensaƟon,. and selecƟon for training,
including apprenƟceship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, noƟces to be provided by the contracƟng
officer seƫng forth the provisions of this nondiscriminaƟon clause.
(B) The contractor will, in all solicitaƟons or adverƟsements for employees placed by or
on behalf of the contractor, state that ail qualified applicants Will receive consideraƟon
for employment without regard to race, color, religion, sex, or naƟonal origin.
(C) The contractor will send to each labor union or representaƟve of workers with which
he has a collecƟve bargaining agreement or other contract or understanding, a noƟce to
be provided by the contract Compliance Officer advising the said labor union or workers'
representaƟves of the contractor's commitment under this secƟon and shall post copies
of the noƟce in conspicuous places available to employees and applicants for
employment.
(D) The contractor will comply with all provisions of ExecuƟve Order 11246 of September
24, 1965, and as amended, and of the rules, regulaƟons, and relevant orders of the
Secretary of Labor.
(E) The contractor will furnish all informaƟon and reports required by ExecuƟve Order
11246 of September 24, 1965, and by the rules, regulaƟons, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the Department and the Secretary of Labor for purposes of invesƟgaƟon to ascertain
compliance with such rules, regulaƟons, and orders.
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(F) In the event of the contractor's noncompliance with the non-discriminaƟon clauses of
this contract or with any of such rules, regulaƟons, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further government contracts or Federally assisted construcƟon
contract procedures authorized in ExecuƟve Order 11246 of September 24, 1965, or by
rule, regulaƟon, or order of the Secretary of Labor, or as otherwise provided by law.
(G) The contractor will include the porƟon of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or
purchase order unless exempted by rules, regulaƟons, or orders of the Secretary of Labor
issued pursuant to secƟon 204 of ExecuƟve Order 11246 of September 25, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such acƟon with respect to any subcontract or purchase order as the Department
may direct as a means of enforcing such provisions, including sancƟons for
noncompliance: provided, however, that in the event a contractor becomes involved in,
or is threatened with, liƟgaƟon with a subcontractor or vendor as a result of such direcƟon
by the Department, the contractor may request the United Sates to enter into such
liƟgaƟon to protect the interest of the United States.
3. Compliance with Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in the Federal Labor Standards Provisions Contract.
4. Compliance with Davis-Bacon and Related Act Requirements
All rulings and interpretaƟons of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, and 5 are incorporated in reference by the Federal Labor Standards Provisions
Contract.
(A) The payroll for the payroll period contains the informaƟon required to be maintained
under 29 CFR 5.5(a)(3)(7) and that such informaƟon is correct and complete.
(B) Each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classificaƟon of work performed, as specified
in the applicable wage determinaƟon incorporated into the contract.
(C) Each laborer or mechanic {including each helper, apprenƟce, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned
without rebate, either directly or indirectly, and that no deducƟons have been made
either directly or indirectly from the full wages earned, other than permissible deducƟons
as set forth in 29 CFR Part 3.
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5. Compliance with Contract Work Hours and Safety Standards Act
(A) As used in this paragraph, the terms "laborers" and "mechanics" include watchmen
and guards.
(1) OverƟme Requirements. No contractor or subcontractor contracƟng for any
part of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensaƟon
at a rate not less than one and one-half Ɵmes the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) ViolaƟon; liability for unpaid wages; liquidated damages. In the event of any
violaƟon of the clause set forth in subparagraph (1) of this paragraph, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addiƟon, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violaƟon of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar
day on which such individual was required or permiƩed to work in excess of the
standard workweek of forty hours without payment of the overƟme wages
required by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee
shall upon its own acƟon or upon wriƩen request of an authorized representaƟve
of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contract, or
any other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor such sums as
may be determined to be necessary to saƟsfy any liabiliƟes of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in subparagraph (2) of this paragraph.
4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clauses set forth in subparagraph ( 1) through ( 4) of this paragraph and also a
clause requiring the subcontractors to include these clauses in any lower Ɵer
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subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower Ɵer subcontractor with the clauses set forth in
subparagraphs (1) through (4) of this paragraph.
(B) Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under
working condiƟons which are unsanitary, hazardous, or dangerous to his health
and safety as determined under construcƟon safety and health standards
promulgated by the Secretary of labor by regulaƟon.
(2) The Contractor shall comply with all regulaƟons issued by the Secretary of
Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply
may result in imposiƟon of sancƟons pursuant to the Contract Work Hours and
Safety Standards Act (Public Law 91-54, 83 Stat. 96).
(3) The contractor shall include the provisions of this ArƟcle in every subcontract
so that such provisions will be binding on each subcontractor. The Contractor shall
take such acƟon with respect to any subcontract as the Secretary of Housing and
Urban Development or the Secretary of Labor shall direct as a means of enforcing
such provisions.
6. Compliance with Payroll Requirements
i. (A) The contractor shall submit weekly for each week in which any contract work
is performed a copy of all payrolls to HUD or its designee if the agency is a party
to the contract, but if the agency is not such a party, the contractor will submit the
payrolls to the applicant, sponsor, or owner, as the case may be, for transmission
to HUD or its designee. The payrolls submiƩed shall set out accurately and
completely all of the informaƟon required to be maintained under 29 CFR Part
5.5(a)(3)(i). This informaƟon may be submiƩed in any form desired. OpƟonal Form
WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government PrinƟng Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under 0MB Control Number
1215-0149).
B. Each payroll submiƩed shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or
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supervises the payment of the persons employed under the contract and shall
cerƟfy the following:
(1) That the payroll for the payroll period contains the informaƟon required to
be maintained under 29 CFR Part 5.5(a)(3)(i) and that such informaƟon is
correct and complete;
(2) That each laborer or mechanic (including each helper, apprenƟce, and
trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deducƟons have been made either directly or indirectly from the full wages
earned, other than permissible deducƟons as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classificaƟon of work
performed, as specified in the applicable wage determinaƟon incorporated
into the contract.
C. The weekly submission of a properly executed cerƟficaƟon set forth on the
reverse side of OpƟonal Form WH-347 shall saƟsfy the requirement for submission
of the "Statement of Compliance" required by paragraph A.3(ii)(b) of this secƟon.
D. The falsificaƟon of any of the above cerƟficaƟons may subject the contractor or
subcontractor to civil or criminal prosecuƟon under SecƟon 1001 of Title 18 and
SecƟon 231 of Title 31 of the United States Code.
ii. The contractor or subcontractor shall make the records required under paragraph
A.3.(i) of this secƟon available for inspecƟon, copying, or transcripƟon by
authorized representaƟves of HUD or its designee or the Department of Labor, and
shall permit such representaƟves to interview employees during working hours on
the job. If the contractor or subcontractor fails to submit the required records or
to make them available, HUD or its designee may, aŌer wriƩen noƟce to the
contractor, sponsor, applicant, or owner, take such acƟon as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment acƟon pursuant to 29 CFR Part
5.12.
7. Patents and RoyalƟes
(A) The Contractor shall provide and pay for all licenses and royalƟes necessary for the
legal use and operaƟon of any of the equipment or specialƟes used in the work.
CerƟficates showing the payment of any such licenses or royalƟes, and permits for the use
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of any patented or copyrighted devices shall be secured and paid for by the Contractor
and delivered to the City on compleƟon of the work, if required.
(B) The Contractor shall assume all responsibility for the use of apparatus or devices
covered by patents or copyrights shall defend any suits brought against the Owner, City
and HUD based upon claimed infringements of any such patents or copyrights, and shall
hold the Owner, City and HUD free from claims for damages incident to their use.
8. Compliance with requirements and regulaƟons pertaining to copyrights and rights of data
(use only when applicable).
9. Access to Records
(A) Contractor assures that all contracts and subcontracts for work on the project shall
require him and all subcontractors to make such books, records, documents and other
evidence available to the City or its authorized agents during the course of construcƟon
and for final audit, if requested, and to provide suitable faciliƟes for access, inspecƟon and
copying thereof
(B) For any federally funded project the Owner, the City, Federal Granter Agency (HUD),
the controller General of the United States or any of their duly authorized representaƟves
shall have access to any books, documents, papers and records of the Contractor which
are directly perƟnent to a specific grant program for the purpose of making audit,
examinaƟon, excerpts, and transcripƟons. Said books, documents, papers, and records
are to be kept, maintained and available for a period of three years aŌer project
compleƟon or unƟl aŌer all project audit findings have been resolved, whichever comes
last.
(C) All construcƟon contractors/subcontractors with contracts in excess of $10,000 must
file form CC-257, Monthly Employment UƟlizaƟon Report, with the U.S. Department of
Labor. Copies of these reports are to be submiƩed to the City.
10. Compliance with SecƟon 306 of the Clean Air Act
(A) The contractor sƟpulates that any facility to be uƟlized in the performance of this
contract, unless such contract is exempt under the Clean Air Act, as amended (42 U. S.C.
1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water PolluƟon
Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), ExecuƟve
Order 11738, and regulaƟons in implementaƟon thereof (40 C.F.R., Part 15, is not listed,
on the date of contract award, on the U.S. Environmental ProtecƟon Agency (EPA) List of
ViolaƟng FaciliƟes pursuant to 40 C.F.R. 15.20.
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(B) The contractor agrees to comply with all the requirements of SecƟon 114 of the Clean
Air Act and SecƟon 308 of the Federal Water PolluƟon Control Act and all regulaƟons and
guidelines listed thereunder.
(C) The contractor shall promptly noƟfy the State Highway Department of the receipt of
any communicaƟon from the Director, Office of Federal AcƟviƟes, EPA, indicaƟng that a
facility to be uƟlized for the contract is under consideraƟon to be listed on the EPA List of
ViolaƟng FaciliƟes.
(D) The contractor agrees to include or cause to be included the requirements of
subparagraphs A through D of this paragraph 12 in every non-exempt subcontract, and
further agrees to take such acƟon as the Government may direct as a means of enforcing
such requirements. (Applicable to contracts and subcontracts which exceed $100,000).
11. Lead-Based Paint
The construcƟon or rehabilitaƟon of residenƟal structures with Community Development
Block Grant Funds is subject to the provisions of the HUD Lead Based Paint RegulaƟons,
24 CFR Part 35, Public Law 102-550 - the ResidenƟal Lead-Based Paint Hazard ReducƟon
Act of 1992, and all other applicable regulaƟons. ResidenƟal construcƟon or rehabilitaƟon
acƟvity is subject to the provisions requiring the eliminaƟon of lead-based paint hazards
under subpart B of 24 CFR Part 35. Contractor shall ensure that all affected work is
performed in a complying manner, and that all inspecƟons, cerƟficaƟons and clearances
are properly performed.
12. Federal Labor Standards Provisions
Except with respect to the rehabilitaƟon of residenƟal property designed for residenƟal
use for less than eight families, all contractors engaged under contracts in excess of $2,000
for the construcƟon, prosecuƟon, compleƟon or repair of any building or work financed
in whole or part with assistance provided with Community Development Block Grant
funds, shall comply with HUD requirements pertaining to such contracts, and the
applicable requirements of the Department of Labor under 29 CFR Parts 3, 5 and 5a,
governing the payment of wages and the raƟo of apprenƟces and trainees to journeymen:
provided that if wage rates higher than those required under such regulaƟons are
imposed by state or local law, nothing hereunder is intended to relieve the contractor of
its obligaƟon to require payment of the higher rates. 15. Interest of Officers, Local
Governing Body, and Other Public Officials No member, officer or employee of the City of
Ontario or its designees or agents, no member of the governing body of the City of
Ontario, and no other public official of such locality or localiƟes who exercises any
funcƟons or responsibiliƟes with respect to the CDBG program during their tenure or for
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one year thereaŌer, shall have any interest, direct or indirect, in any contract or
subcontract or the proceeds thereof, for work to be performed in connecƟon with the
program assisted under
13. Compliance with the Energy Policy and ConservaƟon Act
The contractor agrees to meet mandatory standards and policies relaƟng to energy
efficiency, which are contained in the State Energy ConservaƟon Plan. (Use only when
applicable)
Name of Contractor Firm Name of Contractor Firm
Name Name
Title Title
Signature Signature
Date Date
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REPORT OF ADDITIONAL CLASSIFICATION AND RATE
HUD FORM 4230A
OMB Approval Number 2501-0011
(Exp. 8/31/2022)
1.FROM (name and address of requesting agency) 2.PROJECT NAME AND NUMBER
3.LOCATION OF PROJECT (City, County and State)
4.BRIEF DESCRIPTION OF PROJECT 5.CHARACTER OF CONSTRUCTION
Building Residential
Heavy Other (specify)
Highway
6.WAGE DECISION NO. (include modification number, if any)
COPY ATTACHED
DATE of WAGE DECISION: 7.WAGE DECISION EFFECTIVE
DATE (LOCK-IN):
8. WORK CLASSIFICATION(S) HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
9.PRIME CONTRACTOR (name, address)9a.
Agree
Disagree
10.SUBCONTRACTOR/EMPLOYER, IF APPLICABLE
(name, address)
9b. SIGNATURE DATE
Check All That Apply:
The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.
The proposed classification is utilized in the area by the construction industry.
The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in
the wage decision.
The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s).
Supporting documentation attached, including applicable wage decision.
Check One:
Approved, meets all criteria. DOL confirmation requested.
One or more classifications fail to meet all criteria. DOL decision requested.
Agency Representative
(Typed name and signature)
Date
Phone Number
FOR HUD USE ONLY
LR2000:
Log in:
Log out:
HUD-4230A (8-19) PREVIOUS EDITION IS OBSOLETE
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EQUAL EMPLOYMENT OPPORTUNITY CLAUSE.
During the performance of this contract, the contractor agrees as follows:
a.The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
b.The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
c.The contractor will send to each labor union or representative of workers with which he/she
has a collective bargaining agreement or other contract or understanding, a notice to be
provided, advising the said labor union or workers’ representative of the contractor’s
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
d.The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e.The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his/her books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
f.In the event of the contractor’s noncompliance with the nondiscrimination clause of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole, or in part, and the contractor may be declared
ineligible for further government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g.The contractor will include the provisions of Paragraph 1a through 1g in every subcontract
or purchase order unless exempted by rule, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the contractor may request the United States
to enter into such litigation to protect the interests of the United States.
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EQUAL EMPLOYMENT SPECIFICATIONS
(Executive Order 11246).
a.As used in these specifications:
(1) Covered area means the geographical area described in the solicitation from which
this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance Programs, United
States Department of Labor, or any person to whom the Director delegates
authority;
(3) Employer Identification Number (EIN) means the Federal Social Security Number
used on the Employer’s Quarterly Federal Tax Return, United States Treasury
Department Form 941.
(4) Minority includes:
(a)Black (all persons having origins in any of the Black African racial groups not
of Hispanic origin)
(b)Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish culture or origin, regardless of race);
(c)Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific
Islands); and
(d)American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
b.Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000 the provisions of these specifications and the notice which contains the
applicable goals for minority and female participation and which is set forth in the
solicitations from which this contract resulted.
c.If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan
approved by the United States Department of Labor in the covered area either individually
or through an association, its affirmative action obligations on all work in the Plan area
(including goals and time tables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each
contractor or subcontractor participating in an approved Plan is individually required to
comply with its obligations under the EEO Clause, and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The overall
good faith performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take
good faith efforts to achieve the Plan goals and timetables.
d.The contractor shall implement the specific affirmative action standards provided in
paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female utilization the contractor should
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reasonable be able to achieve in each construction trade in which it has employees in the
covered area. Covered construction contractors performing construction work in
geographical areas where they do not have a Federal or federally assisted construction
contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers.
The contractor is expected to make substantially uniform progress in meeting its goals in
each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union
with whom the contractor has a collective bargaining agreement, to refer either minority
or women shall excuse the contractor’s obligations under these specifications, Executive
Order 11246 or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the contractor
during the training period, and the contractor must have made a commitment to employ
the apprentices and trainees at the completion of their training, subject to the availability
of employment opportunities. Trainees must be trained pursuant to training programs
approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the contractor’s compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The contractor shall
document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
(1) Ensure and maintain working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the contractor’s employees are
assigned to work. The contractor, where possible, will assign two or more women to
each construction project. The contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of and carry out
the contractor’s obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the contractor or its unions have employment
opportunities available, and maintain a record of the organization’s responses.
(3) Maintain a current file of the name, address, and telephone numbers of each minority
and female off-the street applicant and minority or female referral from a union, a
recruitment source, or community organization and of what action was taken with
respect to each such individual. If such individual was sent to the union hiring hall for
referral and was not referred back to the contractor by the union or, if referred, not
employed by the contractor, this shall be documented in the file with the reason
therefore, along with whatever additional actions the contractor may have taken.
(4) Provide immediate written notification to the Director when the union or unions with
which the contractor has a collective bargaining agreement has not referred to the
contractor a minority person or woman sent by the contractor, or when the contractor
has other information that the union referral process has impeded the contractor’s
efforts to meet its obligations.
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(5) Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the contractor’s employment
needs, especially those programs funded or approved by the Department of Labor.
The contractor shall provide notice of these programs to the sources compiled under
3g (2) above.
(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where construction
work is performed.
(7) Review, at least annually, the company’s EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment decisions including specific
review of these items with on- site supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of construction work at any job site. A
written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject
matter.
(8) Disseminate the contractor’s EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the contractor’s EEO policy with other contractors
and subcontractors with whom the contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations; to schools with minority and female students; and to minority and female
recruitment and training organizations serving the contractor’s recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment sources, the
contractor shall send written notification to organizations such as the above, describing
the opening, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable, provide after school, summer, and vacation
employment to minority and female youth, both on the site and in other areas of a
contractor’s work force.
(11) Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel for promotional opportunities and encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment-related activities toensure that the EEO policy and the
contractor’s obligations under these specifications are being carried out.
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(14) Ensure that all facilities and company activities are non-segregated except that
separate or single-user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance
under the contractor’s EEO policies and affirmative action obligations.
h.Contractors are encouraged to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations 3g(1) through (16). The efforts of a
contractor association, joint contractor-union, contractor-community, or other similar group
of which the contractor is a member and participant, may be asserted as fulfilling any one
or more of its obligations under 3g(1) though (16) of these specifications provided that the
contractor actively participates in the group, makes every effort to ensure that the group
has a positive impact on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program are reflected in the contractor’s minority and
female work force participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the contractor. The obligation to comply,
however, is the contractor’s, and failure of such a group to fulfill an obligation shall not be
a defense for the contractor’s noncompliance.
i.A single goal for minorities and a separate single goal for women have been established.
The contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both
minority and non-minority. Consequently, the contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the contractor has achieved its goals for women generally, the
contractor may be in violation of the Executive Order if a specific minority group of women
is underutilized).
j.The contractor shall not use the goals and timetables of affirmative action standards to
discriminate against any person because of race, color, religion, sec or national origin.
k.The contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
l.The contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing subcontracts as may be imposed or ordered pursuant to
Executive Order 11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and Executive Order
11246, as amended.
m.The contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative actions steps, at least as extensive as those standards prescribed in
Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these
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specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show
Cause Notice).
n. The contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to be required by the
Government and to keep records. Records shall at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation, if any, employee
identification number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not
be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for the hiring of local or other area residents (e.g., those under the Public
Works Employment Act of 1977 and the Community Development Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female
utilization which shall be based on appropriate work force, demographic or other relevant
data and which shall cover construction projects or construction contracts performed in
specific geographic areas. The goals, which shall be applicable to each construction trade
in a covered contractor’s or subcontractor’s entire work force which is working in the area
covered by the goals and timetables, shall be published as notices in the Federal Register,
and shall be inserted by the contracting officers and applicants, as applicable, in the Notice
required by 41 CFR 60-4.2.
SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS.
For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor
shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to
contract award: Certification of Non-segregated Facilities and Certification with Regard to
the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity
Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract
Compliance Programs, United States Department of Labor - ESA, 200 Constitutional
Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of
any subcontract in excess of $10,000, listing the name, address, and telephone number
of the subcontractor; employer identification number; estimated dollar amount of the
subcontract; estimated starting date and completion dates of the subcontract; and the
geographical area in which the contract is to be performed.
c. Send a notice of the contractor’s commitment to equal employment opportunity to labor
unions or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to
employees and applicants for employment.
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e.For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment
Opportunity requirements by including the provisions of Paragraphs 1 through 3, above,
in the subcontract.
f.Upon commencement of construction work and until the work is completed, forward the
Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority
by the end of each work month. With the initial monthly report, the contractor/subcontractor
shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area
to the monthly report.
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY
(Executive Order 11246)
a.The Offeror or Bidder’s attention is called to the Equal Opportunity Clause and the
Standard Federal Equal Employment Specifications set forth herein.
b.The goals and timetables for minority and female participation, expressed in percentage
terms for the contractor’s aggregated work force in each trade on all construction work in
the covered area, are as follows:
Goals for Minority and Female Participation in Timetables, Each Trade: 28.3%, 6.9%
These goals are applicable to all the contractor’s construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the contractor performs
construction work in a geographical area located outside of the covered area, it shall apply
the goals established for such geographical area where the work is actually performed.
With regard to this second area, the contractor also is subject to the goals for both its
federally involved and non-federally involved construction.
The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part
60-4 shall be based on its implementation of the Equal Opportunity Clause, specific
affirmation action obligations required by the specifications set forth in 41 CFR Part 60-
4.3(a), and its efforts to meet the goals. The hours of minority and female employment
and training must be substantially uniform throughout the length of the contract and in
each trade, and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or
trainees from contractor to contractor or from project to project for the sole purpose of
meeting the contractor’s goals shall be a violation of the contract, the Executive Order,
and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured
against the total work hours performed.
c.The contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within ten (10) working days of award of any construction
subcontract in excess of $10,000 at any tier for construction work under the contract
resulting from this solicitation. The notification shall list the name, address, and telephone
number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of
the subcontract; and the geographical area in which the contract is to be performed.
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d. As used in this notice, and in the contract resulting from this solicitation, the covered area
is the Standard Metropolitan Statistical Area of Los Angeles-Long Beach, specifically the
County of Los Angeles, State of California.
CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS.
a. It is national policy to award a fair share of contracts to Small business and Minority Firms.
Accordingly, affirmative steps must be taken to assure that Small Business and Minority
Firms are utilized when possible, as sources of supplies, equipment, construction and
services. Affirmative steps include the following:
1. Including qualified Small Business and Minority Firms on solicitation lists.
2. Assuring that Small Business and Minority Firms are solicited whenever they are
potential sources.
3. When economically feasible, dividing total requirements into smaller tasks or
quantities so as to permit maximum Small Business and Minority Firm participation.
4. Where the requirement permits, establishing delivery schedules which will encourage
participation by Small Business and Minority Firms.
5. Using the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce, as required.
6. If any subcontracts are to be let, requiring the prime contractor to take the affirmative
steps in a1 through a5 above.
b. Grantees shall take similar appropriate affirmative action in support of Women’s Business
Enterprises.
c. Grantees are encouraged to procure goods and services from Labor Surplus Areas.
CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
SECTION 503 OF THE REHABILITATION ACT OF 1973. Any contract in excess of $10,000
entered into by any Federal department or agency for the procurement of personal property and
non-personal services (including construction) for the United States shall contain a provision
requiring that the party contracting with the United States shall take affirmative action to employ
and advance in employment qualified individuals with disabilities. No otherwise qualified individual
with handicaps in the United States shall, solely by reason of his or her handicap, be excluded
from the participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal assistance.
SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No
person in the United States on the grounds of race, color, national origin, or sex be excluded from
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participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974, as amended.
Covered contracts entered into by any department or agency for the procurement of personal
property and non- personal services (including construction) for the United States, shall contain
a provision requiring that the party contracting with the United States shall take affirmative action
to employ and advance in employment qualified special disabled veterans, veterans of the
Vietnam era and any other veterans who served on active duty during a war or in a campaign or
expedition for which a campaign badge has been authorized. The provisions of this section shall
apply to any subcontract entered into by a prime contractor in carrying out any contract for the
procurement of personal property and non-personal services (including construction) for the
United States.
AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
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COMPLIANCE WITH CLEAN AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts
exceeding $150,000)
During the performance of this contract, the contractor and all subcontractors shall
comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq.,
the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the
regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part
15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and subcontractors
shall furnish to the owner, the following:
1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in
the performance of any non exempt contract or subcontract,. is not listed on the
List of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of Section 114
of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the
Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to
inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued there under.
3. A stipulation that as a condition for the award of the contract, prompt notice will
be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract,
is under consideration to be listed on the EPA List of Violating Facilities.
4. Agreement by the contractor that he will include, or cause to be included, the
criteria and requirements in paragraph (1) through (4) of this section in every
nonexempt subcontract and requiring that the contractor will take such action as
the government may direct as a means of enforcing such provisions.
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LABOR CODE SECTIONS
(1771, 1774, 1775, 1776,1777.5, 1813, AND 1815)
§1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work of a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed
as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a
public agency with its own forces. This section is applicable to contracts let for maintenance work.
§1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less
than the specified prevailing rates of wages to all workmen employed in the execution of the contract.
§1775.
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each
calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the
director for the work or craft in which the worker is employed for any public work done under the contract by the
contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration
of both of the following:
(i)Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages
was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought
to the attention of the contractor or subcontractor.
(ii)Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage
obligations.
(B)The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor
to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly
and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(i)The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof,
for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has
been assessed penalties within the previous three years for failing to meet its prevailing wage
obligations on a separate contract, unless those penalties were subsequently withdrawn or
overturned.
(ii)The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for
each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision (c) of Section 1777.1.
(C)When the amount due under this section is collected from the contractor or subcontractor, any
outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2
against that contractor or subcontractor shall be satisfied before applying that amount to the penalty
imposed on that contractor or subcontractor pursuant to this section.
(D)The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable
only for abuse of discretion.
(E)The difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage rate
shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract
shall cause to be inserted in the contract a stipulation that this section will be complied with.
(b)If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of
per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified
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prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following
requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the
public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813,
and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by
the subcontractor to the employees, by periodic review of the certified payroll records of the
subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing
rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including,
but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works
project.
(4) Prior to making final payment to the subcontractor for work performed on the public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees
on the public works project and any amounts due pursuant to Section 1813.
(C) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15
days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor
on that public works project to pay workers the general prevailing rate of per diem wages.
§1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is
made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection
at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection
or furnished upon request to a representative of the body awarding the contract, the Division of Labor
Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial
Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request
by the public for inspection or for copies thereof. However, a request by the public shall be made through
either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph
(2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by
the contractor, subcontractors, and the entity through which the request was made. The public may not
be given access to the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or
shall contain the same information as the forms provided by the division. The payroll records may consist of
printouts of payroll data that are maintained as computer records, if the printouts contain the same
information as the forms provided by the division and the printouts are verified in the manner specified in
subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a) with the
entity that requested the records within 10 days after receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any
public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor
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Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor awarded the contract or the
subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available
for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal
Labor Management
Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure
of an individual's name and social security number. A joint labor management committee may maintain
an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774.
The court may award restitution to an employee for unpaid wages and may award the joint labor
management committee reasonable attorney's fees and costs incurred in maintaining the action. An
action under this subdivision may not be based on the employer's misclassification of the craft of a worker
on its certified payroll records. Nothing in this subdivision limits any other available remedies for a
violation of this chapter.
(f)The contractor shall inform the body awarding the contract of the location of the records enumerated under
subdivision (a), including the street address, city, and county, and shall, within five working days, provide a
notice of a change of location and address.
(g)The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails
to comply within the 10- day period, he or she shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld
from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this
section due to the failure of a subcontractor to comply with this section.
(h)The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
(i)The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977
(Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of
these records, including the establishment of reasonable fees to be charged for reproducing copies of records
required by this section.
§1777.5.
(a)Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works.
(b)Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft
or trade to which he or she is registered.
(c)Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have
been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be
employed at the apprentice wage rate on public works. The employment and training of each apprentice shall
be in accordance with either of the following:
(1)The apprenticeship standards and apprentice agreements under which he or she is training.
(2)The rules and regulations of the California Apprenticeship Council.
(d)When the contractor to whom the contract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall
employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices in the area or
industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered
by an apprenticeship program's standards shall not be required to submit any additional application in order
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to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in
this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules
and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor”
includes any subcontractor under a contractor who performs any public works not excluded by subdivision
(o).
(e)Prior to commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public
work. The information submitted shall include an estimate of journeyman hours to be performed under the
contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices
would be employed. A copy of this information shall also be submitted to the awarding body if requested by
the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor
shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of
the journeyman and apprentice hours performed on the contract. The information under this subdivision shall
be public. The apprenticeship programs shall retain this information for 12 months.
(f)The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
(g)The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates where the contractor agrees to be bound by those standards, but, except
as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for
every five hours of journeyman work.
(h)This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any
journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or
40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a subcontractor, before
the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the
Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum
ratio of not less than one apprentice for each five journeymen in a craft or trade classification.
(i)A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship
program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision(g).
(j)Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the
state on all of his or her contracts on an annual average of not less than one hour of apprentice work for
every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards
may grant a certificate exempting the contractor from the 1 -to-5 hourly ratio, as set forth in this section for
that craft or trade.
(k)An apprenticeship program has the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions
is met:
(1)Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
(2)The number of apprentices in training in the area exceeds a ratio of 1 to 5.
(3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its
journeymen annually through apprenticeship training, either on a statewide basis or on a local basis.
(4)Assignment of an apprentice to any work performed under a public works contract would create a
condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the
public at large, or the specific task to which the apprentice is to be assigned is of a nature that training
cannot be provided by a journeyman.
(l)When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in
a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be
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required to submit individual applications for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add the amount of the
contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship
Council shall distribute training contributions received by the council under this subdivision, less the
expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants
to approved apprenticeship programs for the purpose of training apprentices. The funds shall be
distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and
geographic area for which the training contributions were made to the council, a grant to that program
shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or
trade and geographic area for which the training contributions were made to the council, the grant
shall be divided among those programs based on the number of apprentices registered in each
program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the
future expenses of the Division of Apprenticeship Standards.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section
13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby
continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the
Division of Apprenticeship Standards.
(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable
occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
(p) All decisions of an apprenticeship program under this section are subject to Section 3081.
§1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf
the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of
the contract by the respective contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week
in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall
cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all
violations of this article committed in the course of the execution of the contract and shall report them to the
Division of Labor Standards Enforcement.
§ 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding
any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2
times the basic rate of pay.
Page 55
Packet Page 001631
D D
CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION
Project Name
Contracting Agency Project Number:
This is to certify that the principal and the authorized payroll officer(s), listed
below, have received and read and a copy of the Federal Labor Standards
Provisions (HUD-4010) and a copy of the Contractor’s Guide to prevailing
Wage Requirements for Federally-Assisted Construction Projects, and that
they understand the labor standards clauses pertaining to the above listed
projects.
The following person(s) is/are designated as payroll officer for the undersigned
and is/are authorized to sign the Statement of Compliance forms which will
accompany each weekly payroll report for contractor listed below during the
duration of this project.
Contractor Subcontractor Business Name License Number
Payroll Officer Name (Print) Payroll Officer (Signature)
Payroll Officer Name (Print) Payroll Officer (Signature)
Name of Person Authorized to Sign (Print) (Authorized Signature)
Title Date
Page 56
Packet Page 001632
EQUAL EMPLOYMENT OPPORTUNITY COMMITMENT
(03/31/17)
TO:
(Name of Labor Union, Workers Representative, etc)
(Address)
Contractor Name:
Project Name: Project Number:
The Undersigned contractor holds a contract with , involving funds
provided by the U. S. Government, or a subcontract with a prime contractor holding such contract.
Under the provisions included in the contract or subcontract for the above referenced project, and in
accordance with Executive Order 11246, the undersigned contractor is obligated not to discriminate
against any employee or applicant for employment because of race, color, religion, sex or national
origin. This obligation not to discriminate in employment includes, but is not limited to the follow:
1.Hiring, placement, upgrading, transfer or demotion;
2.Recruitment, advertising or solicitation for employment;
3.Treatment during employment;
4.Rates of pay or other forms of compensation;
5.Selection for training, including apprenticeship; and
6.Layoff or termination.
The undersigned contractor shall abide by the requirements of 41 CFR 60–300.5(a) and 60–741.5(a).
These regulations prohibit discrimination against qualified individuals on the basis of protected veteran
status or disability; and require affirmative action by prime contractors and subcontractors to employ,
and advance in employment, qualified protected veterans and individuals with disabilities.
Copies of this notice will made available to worker representatives and be posted by the undersigned
in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Date) (Title)
Page 57
Packet Page 001633
BIDDERS QUESTIONNAIRE FORM
Fill out all the following information and submit with Bid Proposal:
Bidder/Contractor’s Name:
Business Address:
Telephone Number: Email:
California State Contractor’s License Number
and Class:
#:
Class:
Tax Identification Number:
DIR Contractor Registration Number:
UEI Number:
Business License: Do you currently have an active
City Business License?
YES #:
NO
Number of years of experience the company has as a contractor:
DIR Contractor Worker(s) Classification (s)
(e.g. laborer, electrician, cement mason etc.)
Has the company or any principal having an
interest in this Bid ever failed to complete a
project?
YES NO
If yes, explain:
Has the company or any principal having an
interest in this Bid ever been terminated for
cause, even if was converted to a “termination of
convenience”
YES NO
If yes, explain:
Type of Firm: Individual Partnership Limited Liability Company
Corporation (State ) Other (specify)
Page 58
Packet Page 001634
Minority Business Enterprise(MBE)
Women Business Enterprise (WBE)
Small Disadvantaged Business (SDB)
Veteran Owned Business
Disabled Veteran Owned Business
None Apply
List at least three related projects completed in the last i e (5) years:
1.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
2.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
3.Name of Project:
Contact: Phone:
Location of Project (City/State):
Contact Amount: Date Completed:
Brief Description of Work:
Surety Company that will provide all Insurance Requirements:
Name of Surety:
Address:
Surety Company:
Page 59
Packet Page 001635
NON-SEGREGATED FACILITIES CERTIFICATION
FEDERALLY-ASSISTED CONSTRUCTION PROJECTS
The federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
1.Maintain or provide, for his/her employees, any segregated facilities at any of his/her
establishments.
2.Permit his/her employees to perform their services at any location, under his/her
control, where segregated facilities are maintained.
The federally-assisted contractor agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any
waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated
by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because
of habit, local custom, or otherwise.
The federally-assisted contractor agrees that (except where he/she has obtained identical certifications
from proposed subcontractors for specific time periods) he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in
his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: Project Number:
Company:
Address:
By:
Title:
Page 60
Packet Page 001636
CERTIFICATION
WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND
THE FILING OF REQUIRED REPORTS
The bidder, proposed sub-contractor, hereby certifies that he/she has, has not, participated
in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint
Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President’s Committee on Equal
Employment Opportunity, all reports due under the applicable filing requirements.
Date: Project Number: Contract Award: $
Awarding Agency:
Contractor Name: Total Number of Employees
Affiliate Company:
By:
Title:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor
(41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts
and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under
are exempt).
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to
the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period
specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
SF-100 (EEO-1) must be filed by;
(A)All private employers who are:
(1)Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees.
(2)Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with
another company, or there is centralized ownership, control or management so that the group legally
constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B)All federal contractors (private employers), who:
(1)Are not exempt as provided for by 41 CFR 60-1.5
(2)Have 50 or more employees, and
a.Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase
order amounting to $50,000 or more; or
b.Serve as a depository of Government funds in any amount, or
c.Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes.
Page 61
Packet Page 001637
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,00 0 and not more than $100,000 for each such failure.
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying
Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required statement shall be subjec t to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
* CONTRACTOR/SUBCONTRACTOR
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: * First Name: Middle Name:
* Last Name: Suffix:
* Title:
* SIGNATURE: * DATE:
Page 62
Packet Page 001638
WORKER’S COMPENSATION CERTIFICATION
I certify, by signature below, that I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability for
worker’s compensation or to undertake self-insurance in accordance with the provisions of
that code, and I will comply with such provisions before commencing the performance of
the work of this contract.
Date: Project Number:
Project Name:
Company Name:
Address:
Print Name:
Title:
Signature:
Page 63
Packet Page 001639
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Page 64
Packet Page 001640
DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS
As a minimum requirement for consideration of a contract award, the Bidder/Proposer
shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and
Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is
obliged, to the greatest extent feasible, to give opportunities for training and employment
to low-income and very low-income persons residing in the service area or neighborhood
in which the covered Section 3 project/service is located, and/or to award subcontracts to
other Section 3 business concerns that provide economic opportunities for Section 3
workers and Targeted Section 3 workers.
Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior
to recommendation for contract award by the Local Contracting Agency (LCA),he/she will
agree to comply with the Section 3 requirements by including the Section 3 contract
language in the contract, to the greatest extent feasible, to meet the Section 3
benchmarks and report all accomplishments with required documentation on a quarterly
basis for the duration of the contract.
The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
•Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by
all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours
worked by all workers employed of which is included as part of the 25%
threshold in the previous bullet.
•Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by
all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours
worked by all workers employed on a Section 3 project of which is included as
part of the 25% threshold in the previous bullet.
Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and
reporting obligations shall be grounds for determining the Bidder/Proposer non -
responsive, and no further consideration for contract award shall be granted.
I declare under penalty of perjury under the laws of the State of California that we
agree to comply with the Section 3 requirements as stated above.
Name of Contractor/Subcontractor Address
Print Name Title
Signature
Declaration of Intent to Comply with Section 3 Requirements
Date
Rev. 9.1.21
Page 65
Packet Page 001641
TO BE COMPLETED BY LOCAL CONTRACTING AGENCY STAFF
This business meets the following category:
51% owned by low- or very low-income persons,
75% of labor hours performed by Section 3 workers, or
51% currently owned and controlled by public housing or Section 8-assisted housing residents.
None of the above.
Approved by: (Print Name) Signature: Date:
SECTION 3 BUSINESS CONCERN CERTIFICATION
Business Name:
Address:
City/State/Zip Code:
Telephone Number: Email Address:
This business is a Section 3 business concern based on one of the following
categories, as documented:
A.Business is 51% or more owned by low- or very low-income persons,
(Attach a Section 3 Worker Certification(s) for each owner to this certification.)
B.Over 75 percent (75%) of the labor hours performed for the business
over the prior three-month period are performed by Section 3 workers,
Provide the following information for the prior three-month period:
•Indicate total number of labor hours performed by Section 3 workers:Hours
•Indicate total number of labor hours performed by all workers:Hours
•Calculate the percentage of labor hours by Section 3 workers:%
(Attach the Section 3 Worker Certifications and Section 3 Labor Hours Reports.)
C.Business is 51% or more owned and controlled by current public
housing residents or residents who currently live in Section 8-assisted
housing. (Attach proof of public housing or Section 8-assisted housing residence.)
D.The above-mentioned business firm is not a Section 3 business
concern, but commits to the Section 3 goal:
Submit Notice of Section 3 Commitment Form
(NOTE: FAILURE OF THE BUSINESS TO PROVIDE THE REQUIRED DOCUMENTATION AS NOTED
ABOVE SHALL BE GROUNDS FOR THE LCA TO DETERMINE THE BUSINESS A NON-SECTION 3
BUSINESS CONCERN.)
I declare under penalty of perjury under the laws of the State of California that the information stated
above is true and correct.
Signature Title Date
Section 3 Business Concern Certification Rev. 9.1.21
Page 66
Packet Page 001642
NOTICE OF SECTION 3 COMMITMENT
TO:
(Name of Labor Union, Workers Representative, etc.
(Address)
Name of Business (Contractor):
Project Name: Project Number:
The Undersigned currently holds a contract with
involving Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development
or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract and in accordance
with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obligated to
the greatest extent feasible, to give opportunities for employment and training to lower income
residence of the CDBG-assisted project area and to award contracts for work on the project to
business concerns which are located in or are owned in substantial part by project area residence.
Regarding employment opportunities for Section 3, the minimum number and job titles are:
Number Job Classification
Regarding job referrals, request that consideration be given, to the greatest extent feasible, to
assignment of persons residing in the service area or neighborhood in which the project is located.
The anticipated date the work will begin is . For additional information, you may
contact , at ( ) .
Contact Person’s Name Title
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and
Section 3 of the Housing and Urban Development Act of 1968. Copies of this notice will be posted
by the undersigned in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
(Date) (Title)
Page 67
Packet Page 001643
1
SECTION 3 INCOME CERTIFICATION
Printed on: Effective Date:
INSTRUCTIONS: A Section 3 worker seeking certification shall self-certify and submit this form to the recipient
contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 Worker as defined in 24
CFR Part 75. This is a written statement from the beneficiary documenting the definition used to determine
“Annual (Gross) Income”. To complete this statement, fill in the blank fields below, then sign this statement to
certify that the information is complete and accurate, and that source documentation will be provided upon
request.
BASIC INFORMATION:
Last Name: First Name:
Address:
ENTER/SELECT THE APPROPRIATE INFORMATION TO CONFIRM YOUR WORKER STATUS.
1.Are you a resident of public housing or a housing choice Voucher Holder (Section 8)?☐YES ☐ NO
2.Are you a Youth Build participant?☐YES ☐ NO
3.Do you live within one mile of the Project?☐YES ☐ NO
DEFINITION OF INCOME:
HUD 24 CFR Part 5
Low-income person means individuals whose incomes do not exceed 80 percent of the median income for the area.
Very low-income person means individuals whose incomes do not exceed 50 percent of the median family income for the area.
To verify Income Limits by Area: https://www.huduser.gov/portal/datasets/il.html#2021
*Please note that HUD updates income limits annually
In the field below, select the amount of individual (employee only) income you believe you earn on an annual basis.
☐Less than $20,000 ☐$35,001 – $40,000 ☐$55,001 – $60,000
☐$20,001 – $25,000 ☐$40,001 – $45,000 ☐$60,001 – $65,000
☐$25,001 – $30,000 ☐$45,001 – $50,000 ☐$65,001 – $70,000
☐$30,001 – $35,000 ☐$50,001 – $55,000 ☐More than $70,000
INCOME INFORMATION:
Annual gross income (Individual/ One Person) = $
IDENTIFY COUNTY:
☐Los Angeles County ☐ Orange County ☐ Riverside County ☐ San Bernardino County
Page 68
Packet Page 001644
2
CERTIFICATION
THIS SECTION MUST BE COMPLETED BY THE AUTHORIZED BUSINESS OWNER/AGENT
The above-named person is: An applicant ☐ A permanent full-time ☐ A new hire/employee ☐
I certify that this person’s annual gross income is/will be: $
This person’s work Classification is: Date of hire:
Business Name Printed Name of Owner /Agent Signature of Owner/Agent Date
*EMPLOYERS MUST RETAIN THIS FORM IN THEIR SECTION 3 COMPLIANCE FILE FOR FIVE YEARS.
I certify that this information is complete and accurate. I agree to provide, upon request, documentation on all income
sources to the HUD Grantee/Program Administrator.
Printed Full Name Signature Date:
WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section
1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and
willingly making a false or fraudulent statement to a department of the United States Government.
THIS SECTION MUST BE COMPLETED BY LABOR COMPLIANCE AGENCY
The above individual is (Check the applicable statement below):
☐A Section 3 worker who currently fits or when hired within the past five years fit at least one of the following
categories, as documented:
1)The worker's income for the previous or annualized calendar year is below the income limit established
by HUD.
2)The worker is employed by a Section 3 business concern.
3)The worker is a YouthBuild participant.
☐A Targeted Section 3 worker who currently fits at least one of the following categories, as documented:
1)A worker employed by a Section 3 business concern; or
2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
a.Living within the service area or the neighborhood of the project.
b.A YouthBuild participant.
☐Not a Section 3 worker or Targeted Section 3 worker.
Initial:
Page 69
Packet Page 001645
☐
☐
☐
☐
☐
☐
QUALITATIVE EFFORTS FOR CONTRACTORS
Engaged in outreach efforts to generate job applicants who are Targeted Section 3
workers.
Date of Outreach Effort Address of Outreach Effort
Provided training or apprenticeship opportunities.
Date of Training Address of Training
Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume
assistance, coaching).
Date of Technical Assistance Address of Technical Assistance
Provided or connected Section 3 workers with assistance in seeking employment
including: drafting resumes, preparing for interviews, and finding job opportunities
connecting residents to job placement services.
Date of Workers Assistance Address of Workers Assistance
Held one or more job fairs.
Date of Job Fair Address of Job Fair
Provided or referred Section 3 workers to services supporting work readiness and
retention (e.g., work readiness activities, interview clothing, test fees, transportation,
childcare).
Page 70
Packet Page 001646
☐
☐
☐
☐
☐
☐
Date of Referral Type of Service Provided or Referred
Provided assistance to apply for/or attend community college, a four-year educational
institution, or vocational/technical training.
Date of Assistance Type of Educational Assistance Provided
Assisted Section 3 workers to obtain financial literacy training and/or coaching.
Date of Assistance Type of Training/Coaching Provided
Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
Date of Outreach Description of Outreach
Provided technical assistance to help Section 3 business concerns understand and bid on
contracts.
Date of Technical Assistance Name of Business Concern
Divided contracts into smaller jobs to facilitate participation by Section 3 business
concerns.
Name of Business Concern
Provided bonding assistance, guaranties, or other efforts to support viable bids from
Section 3 business concerns.
Name of Business Concern Description of Assistance
Page 71
Packet Page 001647
☐
☐
☐
Promoted use of business registries designed to create opportunities for disadvantaged
and small businesses.
Date of Activity Name of Business Registry
Outreach, engagement, or referrals with the state one-stop system as defined in Section
121(e)(2) of the Workforce Innovation and Opportunity Act 17.
Date of Activity Description of Activity
Other:
Date of Activity Description of Activity
Contractor/Subcontractor Name Signature Date:
Page 72
Packet Page 001648
Submit After Project Completion
SECTION 3 ECONOMIC OPPORTUNITY REPORT
1.Recipient Name and Address
(Recipient, Sub-recipient, Contractor, Subcontractor)
2.Project Number: (Contract/Award No.) 3.Dollar Amount of Contract:
4.Contact Person:5.Phone: (Include Area Code)
6.Reporting Period:7.Date Report Submitted
8.Project Number:9.Federal EIN:
Part I: Employment & Training Opportunities provided to low-income individuals (Minimum Goal: 25% of Labor Hours)
JOB CLASSIFICATION TOTAL NEW
HIRES
TOTAL
SECTION 3
NEW HIRES
TOTAL
TARGETED
SECTION 3
NEW HIRES
TOTAL LABOR
HOURS WORKED
BY ALL WORKERS
TOTAL TARGETED/
SECTION 3 LABOR
HOURS
Professionals %
Technicians %
Office/Clerical %
Trade: %
Trade: %
TOTAL %
Part II: Subcontracts Awarded (Minimum Subcontract Goal is 25% of the Prime Contract Amount)
Number of Subcontracts awarded: Number of Section 3 Businesses Receiving Contracts:
Name of Qualified Business Concern Construction or Non-construction Contract Amount
$
$
$
$
Total Dollar Amount of Subcontracts awarded to Section 3 qualified Business Concerns: $
Dollar Amount of All Subcontracts: $
Percentage of the total dollar amount awarded to qualified Business Concerns: %
Part III: Summary of the efforts that were made to generate economic opportunities
Trained and/or Employed low-income individuals equal to (%) of the total labor hours. (Attach Resident
Certifications and employee timecards)
Awarded a Subcontract to qualified Business Concerns equal to (%) of the contract amount. (Attach Business
Certifications)
Attempted to recruit low-income individuals through:
Advertised through local media, television, radio, newspaper (Attach copy of advertisement)
Signs prominently displayed at the project site
Contacts with community organizations
Contacted management to notify residents and posted or distributed flyers at public housing authority (Attach list)
Participated in a HUD program or other program which promotes the training or employment of low -income individuals
Participated in a HUD program or other program which promotes the award of contracts to Section 3 Qualified Business
Concerns
Contacted agencies administering HUD Youth-Build programs. (Attach list)
Maintained a file of eligible, qualified low-income Residents and qualified Business Concerns for future employment.
OTHER - (Attach supporting documentation)
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BUY AMERICA BUILD AMERICA (BABA)
REQUIREMENTS & CERTIFICATION FORM
PURPOSE: The awardee must comply with the requirements of the Build America, Buy America
(BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if
applicable to infrastructure projects. Pursuant to HUD's Notice "Public Interest Phased
Implementation Waiver for FY 2022 and 2023 of Build American, Buy America Provisions as
Applied to Recipients of HUD Federal Assistance (88 FR 17001), any funds obligated by HUD on or
after the applicable listed effective dates, are subject to BABA requirements, unless exempted by
a waiver. The “Buy America Certification Form” is used to certify that, as required by federal law,
all of the iron, steel, specific construction materials – non-ferrous metals, lumber, composite
building materials, plastic and polymer-based pipe and tube, (for FY24 funded projects and
forward), all construction materials, including manufactured products (for FY25 funded projects
and forward) utilized in federally funded projects with an aggregate of $250,000 or more funds,
including HUD CDBG funds, are produced in the United States in a manner that complies with the
Build America, Buy America Act, unless an applicable waiver applies or is granted by the Made in
America Office of Management and Budget (MIAO).
GENERAL INFORMATION: BABA guidance requires the following Buy America preference: 1. All
iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States for FY 2023 funded projects forward; and, 2. All listed manufactured products used
in the project are produced in the United States. This means the manufactured product was
manufactured in the United States, and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the
total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and, for FY 2025 funded projects forward; 3. All
(listed and non-listed) construction materials are manufactured in the United States. This means
that all manufacturing processes for the construction material occurred in the United States.
The Prime Contractor is responsible for all subcontractors and also ensuring that all
manufacturers and suppliers certify materials with the understanding that those certifying the
material assume full legal responsibility of the material and are subject to providing
documentation verifying the material meets all requirements upon demand. Engineers and/or
Architects signed or stamped acceptance of the attached submittal declares the submittals and
accompanying materials meet BABA requirements. Any additional materials needed for the
project should be itemized, specify if BABA applies, and then certified by the engineer prior to
submittal.
* Attach the final certified itemized cost estimate that identifies all materials subject to BABA
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CERTIFICATION OF COMPLIANCE WITH BABA
I hereby certify the materials installed/to be installed pursuant to the attached Submittal conform
to the Build America, Buy America Provisions.
☐ I hereby certify that all of the iron and steel, manufactured products, and construction
materials supplied or provided by our company for use on this project were manufactured in
the United States of America, unless an applicable waiver applies.
or
I am relying on the following BABA waiver(s) (check all that apply):
☐ De Minimis Waiver: Iron and steel, manufactured products, and construction materials
supplied/provided by our company equal no more than 5 percent of the total applicable
project costs of the iron and steel, manufactured products, and construction materials used
in and incorporated into this project.
☐ Small Grants Waiver: The total loan amount does not exceed $250,000.00 and is not
anticipated to exceed this threshold for the life of the loan.
☐ Nonavailability Waiver: One or more iron or steel items, manufactured products, or
construction materials are not produced in the United States in sufficient and reasonably
available quantities or of a satisfactory quality.
☐ Unreasonable Cost Waiver: The inclusion of one or more iron or steel items, manufactured
products, or construction materials produced in the United States will increase the cost of the
overall project by more than 25 percent.
☐ Adjustment Period Waiver: The project design planning was initiated prior to May 14, 2022,
and the loan was obligated before November 13, 2023.
By signing this document, the signee is not exempt from providing evidence of the request.
RFP/Invitation #: _______________________________________________________________
Prime Contractor Name: _________________________________________________________
Authorized Representative Name: __________________________________________________
Authorized Representative Title: ___________________________________________________
Signature: _____________________________________________________________________
Phone Number: ________________________________________________________________
Email: ________________________________________________________________________
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Title 24—Housing and Urban Development
Subtitle A—Office of the Secretary, Department of Housing and Urban Development
Part 75 Economic Opportunities for Low- and Very Low-Income Persons
Subpart A General Provisions
§ 75.1 Purpose.
§ 75.3 Applicability.
§ 75.5 Definitions.
§ 75.7 Requirements applicable to HUD NOFAs for Section 3 covered programs.
Subpart B Additional Provisions for Public Housing Financial Assistance
§ 75.9 Requirements.
§ 75.11 Targeted Section 3 worker for public housing financial assistance.
§ 75.13 Section 3 safe harbor.
§ 75.15 Reporting.
§ 75.17 Contract provisions.
Subpart C Additional Provisions for Housing and Community Development
Financial Assistance
§ 75.19 Requirements.
§ 75.21 Targeted Section 3 worker for housing and community development financial
assistance.
§ 75.23 Section 3 safe harbor.
§ 75.25 Reporting.
§ 75.27 Contract provisions.
Subpart D Provisions for Multiple Funding Sources, Recordkeeping, and
Compliance
§ 75.29 Multiple funding sources.
§ 75.31 Recordkeeping.
§ 75.33 Compliance.
PART 75—ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-
INCOME PERSONS
Authority:12 U.S.C. 1701u;42 U.S.C. 3535(d).
Source:85 FR 61562, Sept. 29, 2020, unless otherwise noted.
Subpart A—General Provisions
This content is from the eCFR and is authoritative but unofficial.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR Part 75 (Nov. 4, 2024)
24 CFR 75 (enhanced display)page 1 of 14
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§ 75.1 Purpose.
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that
economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be
directed to low- and very low-income persons, particularly those who are recipients of government assistance for
housing or residents of the community in which the Federal assistance is spent.
§ 75.3 Applicability.
(a)General applicability.Section 3 applies to public housing financial assistance and Section 3 projects, as
follows:
(1)Public housing financial assistance.Public housing financial assistance means:
(i)Development assistance provided pursuant to section 5 of the United States Housing Act of
1937 (the 1937 Act);
(ii)Operations and management assistance provided pursuant to section 9(e) of the 1937 Act;
(iii)Development, modernization, and management assistance provided pursuant to section 9(d) of
the 1937 Act; and
(iv)The entirety of a mixed-finance development project as described in 24 CFR 905.604, regardless
of whether the project is fully or partially assisted with public housing financial assistance as
defined in paragraphs (a)(1)(i) through (iii) of this section.
(2)Section 3 projects.
(i)Section 3 projects means housing rehabilitation, housing construction, and other public
construction projects assisted under HUD programs that provide housing and community
development financial assistance when the total amount of assistance to the project exceeds a
threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard
Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any
building(s) and improvements located on the site(s) that are under common ownership,
management, and financing.
(ii)The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not
less than once every 5 years based on a national construction cost inflation factor through
FEDERAL REGISTER notice not subject to public comment. When the Secretary finds it is warranted
to ensure compliance with Section 3, the Secretary may adjust, regardless of the national
construction cost factor, such thresholds through FEDERAL REGISTER notice, subject to public
comment.
(iii)The requirements in this part apply to an entire Section 3 project, regardless of whether the
project is fully or partially assisted under HUD programs that provide housing and community
development financial assistance.
(b)Contracts for materials.Section 3 requirements do not apply to material supply contracts.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.1
24 CFR 75.3(b) (enhanced display)page 2 of 14
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§ 75.5 Definitions.
The terms HUD, Public housing,and Public Housing Agency (PHA)are defined in 24 CFR part 5. The following
definitions also apply to this part:
(c)Indian and Tribal preferences.Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference
requirements as authorized under 101(k) of the Native American Housing Assistance and Self-
Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business
opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of
this part.
(d)Other HUD assistance and other Federal assistance.Recipients that are not subject to Section 3 are
encouraged to consider ways to support the purpose of Section 3.
1937 Act means the United States Housing Act of 1937,42 U.S.C. 1437 et seq.
Contractor means any entity entering into a contract with:
(1)A recipient to perform work in connection with the expenditure of public housing financial assistance
or for work in connection with a Section 3 project; or
(2)A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed
with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited
to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.
Professional services means non-construction services that require an advanced degree or professional
licensing, including, but not limited to, contracts for legal services, financial consulting, accounting
services, environmental assessment, architectural services, and civil engineering services.
Public housing financial assistance means assistance as defined in § 75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or housing and
community development assistance that funds Section 3 projects, including, but not limited to, any State,
local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).
Section 3 business concern means:
(1)A business concern meeting at least one of the following criteria, documented within the last six-
month period:
(i)It is at least 51 percent owned and controlled by low- or very low-income persons;
(ii)Over 75 percent of the labor hours performed for the business over the prior three-month period
are performed by Section 3 workers; or
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.3(c)
24 CFR 75.5 “Section 3 business concern” (1)(ii) (enhanced display)page 3 of 14
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(iii)It is a business at least 51 percent owned and controlled by current public housing residents or
residents who currently live in Section 8-assisted housing.
(2)The status of a Section 3 business concern shall not be negatively affected by a prior arrest or
conviction of its owner(s) or employees.
(3)Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3
business concern. Section 3 business concerns are not exempt from meeting the specifications of
the contract.
Section 3 project means a project defined in § 75.3(a)(2).
Section 3 worker means:
(1)Any worker who currently fits or when hired within the past five years fit at least one of the following
categories, as documented:
(i)The worker's income for the previous or annualized calendar year is below the income limit
established by HUD.
(ii)The worker is employed by a Section 3 business concern.
(iii)The worker is a YouthBuild participant.
(2)The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction.
(3)Nothing in this part shall be construed to require the employment of someone who meets this
definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of
the position to be filled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant-based
assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if
fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section
3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S.
Census.
Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's
obligation to perform work in connection with the expenditure of public housing financial assistance or for
a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in §§ 75.11,75.21, or 75.29, and does not exclude an
individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3226).
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.5 “Section 3 business concern” (1)(iii)
24 CFR 75.5 “YouthBuild programs” (enhanced display)page 4 of 14
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§ 75.7 Requirements applicable to HUD NOFAs for Section 3 covered programs.
All notices of funding availability (NOFAs) issued by HUD that announce the availability of funding covered by § 75.3
will include notice that this part is applicable to the funding and may include, as appropriate for the specific NOFA,
points or bonus points for the quality of Section 3 plans.
Subpart B—Additional Provisions for Public Housing Financial Assistance
§ 75.9 Requirements.
(a)Employment and training.
(1)Consistent with existing Federal, state, and local laws and regulations, PHAs or other recipients
receiving public housing financial assistance, and their contractors and subcontractors, must make
their best efforts to provide employment and training opportunities generated by the public housing
financial assistance to Section 3 workers.
(2)PHAs or other recipients, and their contractors and subcontractors, must make their best efforts
described in paragraph (a)(1) of this section in the following order of priority:
(i)To residents of the public housing projects for which the public housing financial assistance is
expended;
(ii)To residents of other public housing projects managed by the PHA that is providing the
assistance or for residents of Section 8-assisted housing managed by the PHA;
(iii)To participants in YouthBuild programs; and
(iv)To low- and very low-income persons residing within the metropolitan area (or nonmetropolitan
county) in which the assistance is expended.
(b)Contracting.
(1)Consistent with existing Federal, state, and local laws and regulations, PHAs and other recipients of
public housing financial assistance, and their contractors and subcontractors, must make their best
efforts to award contracts and subcontracts to business concerns that provide economic
opportunities to Section 3 workers.
(2)PHAs and other recipients, and their contractors and subcontractors, must make their best efforts
described in paragraph (b)(1) of this section in the following order of priority:
(i)To Section 3 business concerns that provide economic opportunities for residents of the public
housing projects for which the assistance is provided;
(ii)To Section 3 business concerns that provide economic opportunities for residents of other
public housing projects or Section-8 assisted housing managed by the PHA that is providing
the assistance;
(iii)To YouthBuild programs; and
(iv)To Section 3 business concerns that provide economic opportunities to Section 3 workers
residing within the metropolitan area (or nonmetropolitan county) in which the assistance is
provided.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.7
24 CFR 75.9(b)(2)(iv) (enhanced display)page 5 of 14
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§ 75.11 Targeted Section 3 worker for public housing financial assistance.
§ 75.13 Section 3 safe harbor.
(a)Targeted Section 3 worker.A Targeted Section 3 worker for public housing financial assistance means a
Section 3 worker who is:
(1)A worker employed by a Section 3 business concern; or
(2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
(i)A resident of public housing or Section 8-assisted housing;
(ii)A resident of other public housing projects or Section 8-assisted housing managed by the PHA
that is providing the assistance; or
(iii)A YouthBuild participant.
(b)[Reserved]
(a)General.PHAs and other recipients will be considered to have complied with requirements in this part, in
the absence of evidence to the contrary, if they:
(1)Certify that they have followed the prioritization of effort in § 75.9; and
(2)Meet or exceed the applicable Section 3 benchmarks as described in paragraph (b) of this section.
(b)Establishing benchmarks.
(1)HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or
both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide
benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3
workers, or may establish multiple benchmarks based on geography, the type of public housing
financial assistance, or other variables. HUD will update the benchmarks through a document
published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3
years. Such notice shall include aggregate data on labor hours and the proportion of PHAs and other
recipients meeting benchmarks, as well as other metrics reported pursuant to § 75.15 as deemed
appropriate by HUD, for the 3 most recent reporting years.
(2)In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours
worked by specific categories of workers or in different localities or regions; averages for labor hours
worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to
this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks,
HUD will exclude professional services from the total number of labor hours as such hours are
excluded from the total number of labor hours to be reported per § 75.15(a)(4).
(3)Section 3 benchmarks will consist of the following two ratios:
(i)The number of labor hours worked by Section 3 workers divided by the total number of labor
hours worked by all workers funded by public housing financial assistance in the PHA's or other
recipient's fiscal year.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.11
24 CFR 75.13(b)(3)(i) (enhanced display)page 6 of 14
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§ 75.15 Reporting.
(ii)The number of labor hours worked by Targeted Section 3 workers, as defined in § 75.11(a),
divided by the total number of labor hours worked by all workers funded by public housing
financial assistance in the PHA's or other recipient's fiscal year.
(a)Reporting of labor hours.
(1)For public housing financial assistance, PHAs and other recipients must report in a manner
prescribed by HUD:
(i)The total number of labor hours worked;
(ii)The total number of labor hours worked by Section 3 workers; and
(iii)The total number of labor hours worked by Targeted Section 3 workers.
(2)Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from
when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §
75.31.
(3)The labor hours reported under paragraph (a)(1) of this section must include the total number of
labor hours worked with public housing financial assistance in the fiscal year of the PHA or other
recipient, including labor hours worked by any contractors and subcontractors that the PHA or other
recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4)PHAs and other recipients reporting under this section, as well as contractors and subcontractors
who report to PHAs and recipients, may report labor hours by Section 3 workers, under paragraph
(a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of
this section, from professional services without including labor hours from professional services in
the total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers
both professional services and other work and the PHA, other recipient, contractor, or subcontractor
chooses not to report labor hours from professional services, the labor hours under the contract that
are not from professional services must still be reported.
(5)PHAs and other recipients may report on the labor hours of the PHA, the recipient, a contractor, or a
subcontractor based on the employer's good faith assessment of the labor hours of a full-time or
part-time employee informed by the employer's existing salary or time and attendance based payroll
systems, unless the project or activity is otherwise subject to requirements specifying time and
attendance reporting.
(b)Additional reporting if Section 3 benchmarks are not met.If the PHA's or other recipient's reporting under
paragraph (a) of this section indicates that the PHA or other recipient has not met the Section 3
benchmarks described in § 75.13, the PHA or other recipient must report in a form prescribed by HUD on
the qualitative nature of its Section 3 compliance activities and those of its contractors and
subcontractors. Such qualitative efforts may, for example, include but are not limited to the following:
(1)Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(2)Provided training or apprenticeship opportunities.
(3)Provided technical assistance to help Section 3 workers compete for jobs (e.g.,resume assistance,
coaching).
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.13(b)(3)(ii)
24 CFR 75.15(b)(3) (enhanced display)page 7 of 14
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§ 75.17 Contract provisions.
Subpart C—Additional Provisions for Housing and Community Development Financial
Assistance
§ 75.19 Requirements.
(4)Provided or connected Section 3 workers with assistance in seeking employment including: drafting
resumes, preparing for interviews, and finding job opportunities connecting residents to job
placement services.
(5)Held one or more job fairs.
(6)Provided or referred Section 3 workers to services supporting work readiness and retention (e.g.,
work readiness activities, interview clothing, test fees, transportation, child care).
(7)Provided assistance to apply for/or attend community college, a four-year educational institution, or
vocational/technical training.
(8)Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(9)Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(10)Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11)Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
(12)Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3
business concerns.
(13)Promoted use of business registries designed to create opportunities for disadvantaged and small
businesses.
(14)Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of
the Workforce Innovation and Opportunity Act.
(c)Reporting frequency.Unless otherwise provided, PHAs or other recipients must report annually to HUD
under paragraph (a) of this section, and, where required, under paragraph (b) of this section, in a manner
consistent with reporting requirements for the applicable HUD program.
(d)Reporting by Small PHAs.Small PHAs may elect not to report under paragraph (a) of this section. Small
PHAs that make such election are required to report on their qualitative efforts, as described in paragraph
(b) of this section, in a manner consistent with reporting requirements for the applicable HUD program.
(a)PHAs or other recipients must include language in any agreement or contract to apply Section 3 to
contractors.
(b)PHAs or other recipients must require contractors to include language in any contract or agreement to
apply Section 3 to subcontractors.
(c)PHAs or other recipients must require all contractors and subcontractors to meet the requirements of §
75.9, regardless of whether Section 3 language is included in contracts.
(a)Employment and training.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.15(b)(4)
24 CFR 75.19(a) (enhanced display)page 8 of 14
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§ 75.21 Targeted Section 3 worker for housing and community development financial
assistance.
§ 75.23 Section 3 safe harbor.
(1)To the greatest extent feasible, and consistent with existing Federal, state, and local laws and
regulations, recipients covered by this subpart shall ensure that employment and training
opportunities arising in connection with Section 3 projects are provided to Section 3 workers within
the metropolitan area (or nonmetropolitan county) in which the project is located.
(2)Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section
should be given to:
(i)Section 3 workers residing within the service area or the neighborhood of the project, and
(ii)Participants in YouthBuild programs.
(b)Contracting.
(1)To the greatest extent feasible, and consistent with existing Federal, state, and local laws and
regulations, recipients covered by this subpart shall ensure contracts for work awarded in
connection with Section 3 projects are provided to business concerns that provide economic
opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county)
in which the project is located.
(2)Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section
should be given to:
(i)Section 3 business concerns that provide economic opportunities to Section 3 workers residing
within the service area or the neighborhood of the project, and
(ii)YouthBuild programs.
(a)Targeted Section 3 worker.A Targeted Section 3 worker for housing and community development financial
assistance means a Section 3 worker who is:
(1)A worker employed by a Section 3 business concern; or
(2)A worker who currently fits or when hired fit at least one of the following categories, as documented
within the past five years:
(i)Living within the service area or the neighborhood of the project, as defined in § 75.5; or
(ii)A YouthBuild participant.
(b)[Reserved]
(a)General.Recipients will be considered to have complied with requirements in this part, in the absence of
evidence to the contrary if they:
(1)Certify that they have followed the prioritization of effort in § 75.19; and
(2)Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b)Establishing benchmarks.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.19(a)(1)
24 CFR 75.23(b) (enhanced display)page 9 of 14
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§ 75.25 Reporting.
(1)HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or
both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide
benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3
workers, or may establish multiple benchmarks based on geography, the nature of the Section 3
project, or other variables. HUD will update the benchmarks through a document published in the
FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such
notice shall include aggregate data on labor hours and the proportion of recipients meeting
benchmarks, as well as other metrics reported pursuant to § 75.25 as deemed appropriate by HUD,
for the 3 most recent reporting years.
(2)In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours
worked by specific categories of workers or in different localities or regions; averages for labor hours
worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to
this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks,
HUD will exclude professional services from the total number of labor hours as such hours are
excluded from the total number of labor hours to be reported per § 75.25(a)(4).
(3)Section 3 benchmarks will consist of the following two ratios:
(i)The number of labor hours worked by Section 3 workers divided by the total number of labor
hours worked by all workers on a Section 3 project in the recipient's program year.
(ii)The number of labor hours worked by Targeted Section 3 workers as defined in § 75.21(a),
divided by the total number of labor hours worked by all workers on a Section 3 project in the
recipient's program year.
(a)Reporting of labor hours.
(1)For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i)The total number of labor hours worked;
(ii)The total number of labor hours worked by Section 3 workers; and
(iii)The total number of labor hours worked by Targeted Section 3 workers.
(2)Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from
when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §
75.31.
(3)The labor hours reported under paragraph (a)(1) of this section must include the total number of
labor hours worked on a Section 3 project, including labor hours worked by any subrecipients,
contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4)
of this section, to report.
(4)Recipients reporting under this section, as well as subrecipients, contractors and subcontractors
who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of
this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this
section, from professional services without including labor hours from professional services in the
total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.23(b)(1)
24 CFR 75.25(a)(4) (enhanced display)page 10 of 14
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both professional services and other work and the recipient or contractor or subcontractor chooses
not to report labor hours from professional services, the labor hours under the contract that are not
from professional services must still be reported.
(5)Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor
based on the employer's good faith assessment of the labor hours of a full-time or part-time
employee informed by the employer's existing salary or time and attendance based payroll systems,
unless the project or activity is otherwise subject to requirements specifying time and attendance
reporting.
(b)Additional reporting if Section 3 benchmarks are not met.If the recipient's reporting under paragraph (a) of
this section indicates that the recipient has not met the Section 3 benchmarks described in § 75.23, the
recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its
contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not
limited to the following:
(1)Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(2)Provided training or apprenticeship opportunities.
(3)Provided technical assistance to help Section 3 workers compete for jobs (e.g.,resume assistance,
coaching).
(4)Provided or connected Section 3 workers with assistance in seeking employment including: drafting
resumes, preparing for interviews, and finding job opportunities connecting residents to job
placement services.
(5)Held one or more job fairs.
(6)Provided or referred Section 3 workers to services supporting work readiness and retention (e.g.,
work readiness activities, interview clothing, test fees, transportation, child care).
(7)Provided assistance to apply for/or attend community college, a four-year educational institution, or
vocational/technical training.
(8)Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(9)Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(10)Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11)Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
(12)Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3
business concerns.
(13)Promoted use of business registries designed to create opportunities for disadvantaged and small
businesses.
(14)Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of
the Workforce Innovation and Opportunity Act.
(c)Reporting frequency.Unless otherwise provided, recipients must report annually to HUD under paragraph
(a) of this section, and, where required, under paragraph (b) of this section, on all projects completed
within the reporting year in a manner consistent with reporting requirements for the applicable HUD
program.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.25(a)(5)
24 CFR 75.25(c) (enhanced display)page 11 of 14
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§ 75.27 Contract provisions.
Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§ 75.29 Multiple funding sources.
§ 75.31 Recordkeeping.
(a)Recipients must include language applying Section 3 requirements in any subrecipient agreement or
contract for a Section 3 project.
(b)Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the
requirements of § 75.19, regardless of whether Section 3 language is included in recipient or subrecipient
agreements, program regulatory agreements, or contracts.
(a)If a housing rehabilitation, housing construction or other public construction project is subject to Section 3
pursuant to § 75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing
financial assistance and may follow either subpart B or C of this part for the housing and community
development financial assistance. For such a project, the following applies:
(1)For housing and community development financial assistance, a Targeted Section 3 worker is any
worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part;
and
(2)The recipients of both sources of funding shall report on the housing rehabilitation, housing
construction, or other public construction project as a whole and shall identify the multiple
associated recipients. PHAs and other recipients must report the following information:
(i)The total number of labor hours worked on the project;
(ii)The total number of labor hours worked by Section 3 workers on the project; and
(iii)The total number of labor hours worked by Targeted Section 3 workers on the project.
(b)If a housing rehabilitation, housing construction, or other public construction project is subject to Section
3 because the project is assisted with funding from multiple sources of housing and community
development assistance that exceed the thresholds in § 75.3(a)(2), the recipient or recipients must follow
subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
(a)HUD shall have access to all records, reports, and other documents or items of the recipient that are
maintained to demonstrate compliance with the requirements of this part, or that are maintained in
accordance with the regulations governing the specific HUD program by which the Section 3 project is
governed, or the public housing financial assistance is provided or otherwise made available to the
recipient, subrecipient, contractor, or subcontractor.
(b)Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that
employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3
worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1)For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i)A worker's self-certification that their income is below the income limit from the prior calendar
year;
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.27
24 CFR 75.31(b)(1)(i) (enhanced display)page 12 of 14
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§ 75.33 Compliance.
(ii)A worker's self-certification of participation in a means-tested program such as public housing
or Section 8-assisted housing;
(iii)Certification from a PHA, or the owner or property manager of project-based Section 8-assisted
housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a
participant in one of their programs;
(iv)An employer's certification that the worker's income from that employer is below the income
limit when based on an employer's calculation of what the worker's wage rate would translate
to if annualized on a full-time basis; or
(v)An employer's certification that the worker is employed by a Section 3 business concern.
(2)For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i)For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A)A worker's self-certification of participation in public housing or Section 8-assisted
housing programs;
(B)Certification from a PHA, or the owner or property manager of project-based Section
8-assisted housing, or the administrator of tenant-based Section 8-assisted housing that
the worker is a participant in one of their programs;
(C)An employer's certification that the worker is employed by a Section 3 business concern;
or
(D)A worker's certification that the worker is a YouthBuild participant.
(ii)For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A)An employer's confirmation that a worker's residence is within one mile of the work site or,
if fewer than 5,000 people live within one mile of a work site, within a circle centered on
the work site that is sufficient to encompass a population of 5,000 people according to the
most recent U.S. Census;
(B)An employer's certification that the worker is employed by a Section 3 business concern;
or
(C)A worker's self-certification that the worker is a YouthBuild participant.
(c)The documentation described in paragraph (b) of this section must be maintained for the time period
required for record retentions in accordance with applicable program regulations or, in the absence of
applicable program regulations, in accordance with 2 CFR part 200.
(d)A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from
when their certification as a Section 3 worker or Targeted Section 3 worker is established.
(a)Records of compliance.Each recipient shall maintain adequate records demonstrating compliance with
this part, consistent with other recordkeeping requirements in 2 CFR part 200.
(b)Complaints.Complaints alleging failure of compliance with this part may be reported to the HUD program
office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD
field office.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.31(b)(1)(ii)
24 CFR 75.33(b) (enhanced display)page 13 of 14
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(c)Monitoring.HUD will monitor compliance with the requirements of this part. The applicable HUD program
office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose
appropriate remedies and sanctions in accordance with the laws and regulations for the program under
which the violation was found.
24 CFR Part 75 (up to date as of 11/04/2024)
Economic Opportunities for Low- and Very Low-Income Persons 24 CFR 75.33(c)
24 CFR 75.33(c) (enhanced display)page 14 of 14
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Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Mobilization 1 LS 8,750.00$ $8,750.00 20,811.60$ $20,811.60 $20,000.00 70,000.00$ $70,000.00
2 Remove existing dugout chain link fences and doors. 160 LF 20.00$ $3,200.00 24.60$ $3,936.00 $5,000.00 30.00$ $4,800.00
3 Remove benches inside Dugouts.4EA 800.00$ $3,200.00 3,075.00$ $12,300.00 $2,000.00 900.00$ $3,600.00
4 Remove concrete ramp & curb flare. 1 LS 5,800.00$ $5,800.00 1,845.00$ $1,845.00 $6,000.00 1,600.00$ $1,600.00
5 Remove and dispose existing Bleachers 4 EA 3,300.00$ $13,200.00 3,690.00$ $14,760.00 $12,000.00 1,200.00$ $4,800.00
6 Laser leveling & material (clay) for infield, pitching mound and bases (No
Turf area)2EA 6,200.00$ $12,400.00 9,102.00$ $18,204.00 $38,000.00 24,000.00$ $48,000.00
7 Increase height of fence at Backstop, to be a total of 20 feet (west playfield) 50 LF 350.00$ $17,500.00 182.04$ $9,102.00 $18,000.00 300.00$ $15,000.00
8 Furnish and install dugout fence (8' high), gate, and bat rack 4EA 3,500.00$ $14,000.00 5,904.00$ $23,616.00 $7,000.00 11,500.00$ $46,000.00
9 Furnish and install team benches 15' long (inground) inside the dugouts 4EA 2,500.00$ $10,000.00 5,510.40$ $22,041.60 $84,000.00 9,500.00$ $38,000.00
10 Furnish and install bleachers “Anthem Sports” or approved equal, with aisle
& risers, 5 rows, 21' wide 4EA 13,500.00$ $54,000.00 16,236.00$ $64,944.00 $12,000.00 26,000.00$ $104,000.00
11 Furnish and install curbs or parking bumpers 2 EA 900.00$ $1,800.00 425.58$ $851.16 $12,000.00 500.00$ $1,000.00
12 Mark disabled parking stall symbols on pavement, and striping 2 EA 3,250.00$ $6,500.00 1,691.25$ $3,382.50 $9,000.00 3,500.00$ $7,000.00
13 Furnish and install disabled parking stall signs 2 EA 4,934.00$ $9,868.00 1,107.00$ $2,214.00 $1,500.00 1,200.00$ $2,400.00
14 Handicap path of travel, and access aisle striping 1LS 3,000.00$ $3,000.00 3,911.65$ $3,911.65 $2,500.00 6,500.00$ $6,500.00
15 Construct ADA Concrete Ramp. Use concrete class 560-C-3250 1 EA 8,800.00$ $8,800.00 4,305.00$ $4,305.00 $12,000.00 12,000.00$ $12,000.00
16 Construction 4’ x 8’ project sign 1 EA 1,200.00$ $1,200.00 1,451.40$ $1,451.40 $2,644.00 1,600.00$ $1,600.00
17 Furnish paint, and paint existing fence posts that are rusty with silver color
exterior enamel paint that also stops rust.1LS 25,670.00$ $25,670.00 2,755.20$ $2,755.20 $800.00 31,000.00$ $31,000.00
Apparent Low Bidder 1 Apparent Low Bidder 2 Apparent Low Bidder 3 Apparent Low Bidder 4
$198,888.00 $210,431.11 $244,444.00 $397,300.00
$198,888.00 $210,431.11 $244,444.00 $397,300.00
A1 -$ -$ -$ -$
$0.00 $0.00 $0.00 $0.00
$198,888.00 $210,431.11 $244,444.00 $397,300.00
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES
CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID
AMOUNT
ADDITIVE ALTERNATE #1
ADDITIVE ALTERNATE # TOTAL
BASE BID + ADDITIVE ALTERNATVE TOTAL
Apparent Low Bidder 3
Shiraz Construction
1. BID TABULATION
PROJECT NAME: IMPROVEMENTS AR ENCANTO PARK
PROJECT NO: PR 25-008
Bid Item and Description
Apparent Low Bidder 1
Global Builders Inc.
Apparent Low Bidder 2
Zeco Inc. CSI Services
Apparent Low Bidder 4
BID RANKING
TOTAL BID AMOUNT INDICATED BY BIDDER
BID TABULATION
S:\ENGINEERING\RFCA's\2025 All\1.15.2025\Award Encanto\Updated - Encanto Bid AnalysisBID TABULATION 1 of 1
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Attachment 5
Project Location
400 ft
N
➤➤
N
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
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28. Approval for Remaining Grant Funds Allocation for Change Orders – Clean
California Local Grant Program Project (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San
Bernardino, California adopt Resolution 2025-020:
1. Authorizing the Director of Finance and Management Services the use
of the remaining $79,009.90 in unallocated grant funds for contract
change orders and additional unforeseen field conditions related to
Southern California Edison utility work; and
2. Authorizing the City Manager or designee to execute all necessary
documents, including contract change orders, with SDC Engineering,
Inc.; and
3. Authorizing the City Manager or designee to approve and execute
contract change orders as necessary to complete the project within the
approved budget; and
4. Authorizing the Director of Finance and Management Services to amend
the Capital Improvement Program (CIP) adopted budget to reflect the
approved changes.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works
Department:Public Works
Subject:Approval for Remaining Grant Funds Allocation for
Change Orders – Clean California Local Grant
Program Project (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-017:
1. Authorizing the Director of Finance and Management Services the use of
the remaining $79,009.90 in unallocated grant funds for contract change
orders and additional unforeseen field conditions related to Southern
California Edison utility work; and
2. Authorizing the City Manager or designee to execute all necessary documents,
including contract change orders, with SDC Engineering, Inc.; and
3. Authorizing the City Manager or designee to approve and execute contract
change orders as necessary to complete the project within the approved
budget; and
4. Authorizing the Director of Finance and Management Services to amend the
Capital Improvement Program (CIP) adopted budget to reflect the approved
changes.
Executive Summary:
The City of San Bernardino was awarded $722,772 through the Clean California
Local Grant Program to fund a beautification project aimed at improving local public
spaces. SDC Engineering Inc. was selected as the lowest responsible bidder, with a
total project cost of $380,617.30, including contingencies. After completing initial
project planning, $79,009.90 in grant funds remain unallocated. This staff report
seeks City Council approval to use the remaining funds to cover unforeseen change
orders related to utility work required by Southern California Edison and various
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miscellaneous items that were discovered during construction. Approval will ensure
that the project can continue without interruption and meet the necessary
requirements for funding adjustments.
Background
The Clean California Local Grant Program (“Program”) was created as part of the
statewide effort to beautify and clean up local streets, tribal lands, parks, pathways,
and public spaces. Assembly Bill 149 (SEC. 16), codified under Streets and Highway
Code §91.41, established the Program in 2021. The initiative is a component of the
larger $1.1 billion Clean California initiative, administered by the California
Department of Transportation (Caltrans), which aims to address issues related to litter
collection, recycling, and disposal. The Clean California Local Grant Program,
administered by Caltrans, allocated approximately $296 million over two years to fund
projects that enhance public spaces, with a requirement for all funds to be expended
by June 30, 2023.
The City of San Bernardino was awarded $722,772 through the Program to fund a
project aimed at beautifying and improving public spaces. The acceptance of this
grant was approved by the Mayor and City Council on August 3, 2022. Following an
initial bid process and rejection of a higher bid, the project was readvertised, and
sealed bids were received and opened on April 18, 2024. SDC Engineering Inc. of
Laguna Hills, California, was identified as the lowest responsible and responsive
bidder.
In order to ensure the successful completion of the 4th Street Alley Beautification and
Landscape Project, the City of San Bernardino applied for and received an extension
through the Clean California Local Grant Program. The updated timeline extended
the construction phase deadline to December 31, 2024. The closeout phase was also
extended, beginning January 2, 2025, and concluding on June 30, 2025, to
accommodate the preparation and submission of final documentation and project
compliance requirements. This extension has provided the City with the flexibility
needed to meet project goals while ensuring compliance with grant conditions and
maintaining high-quality standards for the completed work.
The 4th Street Alley Beautification and Landscape Project focuses on major
upgrades to improve accessibility, safety, and aesthetics. Key components include
reconstructing the alley entrance with new concrete sidewalks, curbs, gutters, and
decorative pavers for the alley and the courtyard at the end of the alley, as well as
installing double ornate gates and lighted arch signage to create a welcoming
gateway. Upgrades to lighting systems include solar light poles around the courtyard.
Additional substantial improvements include repairing and painting (murals) on
exterior walls on the west side of the alley. The project also involves installing
designated entertainment areas with portable platforms, adding new trash cans, and
benches, planting trees and other shrubs, and addressing drainage issues by
installing suitable catch basins. Together, these upgrades aim to transform the
alleyway into a safer, more functional, and visually appealing community space. This
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report seeks approval to allocate the remaining funds to cover change orders and
additional unforeseen field conditions required by Southern California Edison.
Discussion
As the 4th Street Beautification and Landscape Project progresses, unforeseen issues
have arisen due to utility conflicts with Southern California Edison (SCE) and design
adjustments needed to ensure the project's success. These challenges have
necessitated several contract change orders to address conditions not anticipated in
the original project scope. The $79,009.90 in remaining grant funds will be used to
cover both unforeseen field conditions related to Southern California Edison (SCE)
utility work and additional construction changes that arose during the project.
Specifically, key change orders include the replacement of the original 18” x 18” catch
basin with a larger structure to accommodate the courtyard’s drainage needs,
adjustments to two communication pull-boxes to match the finished grade, and
additional concrete footings for light poles to provide stability within planter areas.
Furthermore, curbing was added around crawl spaces and SCE boxes to enhance
stability for pavers while accommodating future utility work. Modifications during
construction were necessary due to the age of the alley and the lack of available as-
built plans. Field adjustments were required to align grades with existing conditions,
which ultimately led to the need for upgraded drainage facilities to ensure proper
functionality and durability.
The contractor also faced delays due to the lack of timely scheduling of SCE’s utility
work. This led to remobilization costs when the contractor had to suspend and later
resume work after SCE's partial completion of their tasks. Additionally, adjustments
were needed to a loading ramp serving a business within the project area to align it
with the new grade. Extra drainage infrastructure, including 4” PVC SDR-35 storm
drainpipes, was also installed after discovering a previously unaccounted-for
drainage connection from an adjacent building.
The necessary changes can be fully covered by the remaining unallocated grant
funds, ensuring that all outstanding work is paid in full. The project construction phase
concluded on December 31, 2024, with all required construction tasks completed by
this date. Following this, the closeout phase will begin on January 2, 2025, to address
the submission of final project documentation and any remaining administrative
requirements. The closeout process is anticipated to conclude by June 30, 2025.
Allocating the remaining grant funds will allow for the timely completion of the project
while ensuring that all necessary closeout documents are prepared and submitted
within the required timeframe. This approach ensures compliance with grant
conditions and that the project is completed to the required specifications without
exceeding the overall budget.
Staff recommend the Mayor and City Council approve the use of the remaining grant
funds to address these change orders, authorize the City Manager or designee to
execute all related documents and change orders with SDC Engineering, Inc., and
direct the Director of Finance and Management Services to amend the Capital
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Improvement Program (CIP) adopted budget. The release of the remaining grant
funds for contingency purposes will fully cover the required changes and ensure the
project’s completion without the need for any additional future modifications. These
actions will ensure the timely and successful completion of the project while
maintaining financial accountability.
The 4th Street Beautification Project will utilize a total grant award of $722,772.00
provided through the Clean California Local Grant Program. To date, expenses and
contracts have been issued for various project components, totaling $643,762.10.
These expenses include payments to multiple vendors such as IMEG Consultants
Corp. for $99,940.00, Geo Advantec Inc. for $11,975.00, Signmakers South Grand
LLC for $7,500.00, Daily Journal Corp. for $1,209.80, Arts Connection for
$137,000.00, SDC Engineering for $340,617.30, and Z&K Consultants for $5,520.00.
Additionally, a contingency amount of $40,000.00 has been allocated to cover
unknown conditions during the project.
As of December 17, 2024, the total cost incurred is $643,762.10, leaving $79,009.90
in remaining funds. These unallocated grant funds are proposed to be used for
change orders and additional work related to Southern California Edison utility
adjustments, ensuring the project is completed successfully without exceeding the
budget. The remaining funds are critical to address adjustments that have arisen
during construction and to ensure the final phases of the project meet design and
utility requirements while maintaining compliance with grant conditions. This
approach ensures the efficient use of public funds to achieve the project’s goals.
Please see the graph of vendors and expenses below:
2021-2025 Strategic Targets and Goals
Authorizing the execution of this amendment aligns with Key Target No. 3d: Improved
Quality of Life by improving the City’s appearance, cleanliness, and attractiveness.
Name of Vendor Paid Amount of Contract
IMEG Consultants Corp. $99,940.00
Geo Advantec Inc. $11,975.00
Signmakers South Grand LLC $7,500.00
Daily Journal Corp.$1,209.80
Arts Connection $137,000.00
SDC Engineering $340,617.30
Z&K Consultants $5,520.00
Total Amount of Contingencies &CMCI $40,000.00
Total Cost as of 12/17/2024 $643,762.10
Total Amount of Grant Award $722,772.00
Total Amount Contract/ Expensed $643,762.10
Total Amount Remaining $79,009.90
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Fiscal Impact
There will be no impact on the General Fund. The project has a remaining budget
of $79,009.90 that will be used for these change orders.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2025-017:
1. Authorizing the Director of Finance and Management Services the use of the
remaining $79,009.90 in unallocated grant funds for contract change orders
and additional unforeseen field conditions related to Southern California
Edison utility work; and
2. Authorizing the City Manager or designee to execute all necessary
documents, including contract change orders, with SDC Engineering, Inc.;
and
3. Authorizing the City Manager or designee to approve and execute contract
change orders as necessary to complete the project within the approved
budget; and
4. Authorizing the Director of Finance and Management Services to amend the
Capital Improvement Program (CIP) adopted budget to reflect the approved
changes.
Attachments
1. Attachment 1 Resolution 2025-017
2. Attachment 2 Clean California Local Grant Program Amendment No. 1
Ward:
Ward 1
Synopsis of Previous Council Actions:
January 17, 2024 Rejecting Construction Bids for the Clean California Local
Grant Program (Ward 1)
May 15, 2024 Award of Agreement for Construction of Clean California Grant 4th
Street Beautification and Landscape Project SS 22-008 (Ward 1)
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Resolution No. 2025-020
Resolution 2025-020
January 15, 2025
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1
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RESOLUTION NO. 2025-020
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO USE THE REMAINING
$79,009.90 IN UNALLOCATED GRANT FUNDS FOR
CONTRACT CHANGE ORDERS AND ADDITIONAL
UNFORESEEN FIELD CONDITIONS RELATED TO
SOUTHERN CALIFORNIA EDISON UTILITY WORK,
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
CONTRACT CHANGE ORDERS, WITH SDC
ENGINEERING, INC., AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO APPROVE AND EXECUTE
CONTRACT CHANGE ORDERS AS NECESSARY TO
COMPLETE THE PROJECT WITHIN THE APPROVED
BUDGET, AND AUTHORIZING THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO AMEND
THE CAPITAL IMPROVEMENT PROGRAM (CIP)
ADOPTED BUDGET TO REFLECT THE APPROVED
CHANGES.
WHEREAS, the Clean California Local Grant Program (“CCLGP”) was created to
beautify and clean up local streets, parks, pathways, and other public spaces, and the City of San
Bernardino was awarded $722,772 through this program to fund the 4th Street Alley Beautification
Project (the "Project"); and
WHEREAS, during the progress of the Project, unexpected adjustments were identified,
including coordination with Southern California Edison (SCE) for utility work and necessary
design modifications to align with existing conditions, resulting in several contract change orders;
and
WHEREAS, these necessary modifications include upgrading drainage infrastructure,
adjusting grades and ramps, installing curbs around utility boxes, and addressing delays caused by
SCE’s utility work schedule, all of which are incidental to the Project’s original scope and essential
for its successful completion; and
WHEREAS, $79,009.90 of grant funds remain unallocated and can be used to address
these change orders without exceeding the original grant award or impacting the General Fund;
and
WHEREAS, City staff have determined that reallocating these funds for the required
modifications aligns with the goals of the Clean California Local Grant Program and ensures the
Project remains on schedule while adhering to applicable laws and policies; and
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Resolution No. 2025-020
Resolution 2025-020
January 15, 2025
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WHEREAS, approving the use of these remaining funds and associated contract changes
will ensure the timely and efficient completion of the Project, providing improved public
infrastructure and enhanced community spaces in alignment with the City’s strategic goals.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to utilize the remaining $79,009.90 in unallocated grant funds for
unforeseen contract change orders related to SCE utility work and other incidental adjustments
necessary to complete the Project
SECTION 3. The Mayor and City Council hereby authorize the City Manager, or
designee, to execute all necessary documents, including contract change orders with SDC
Engineering, Inc., as required to complete the Project within the approved budget.
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the Capital Improvement Program (CIP) adopted budget to reflect
the reallocation of these funds.
SECTION 5.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.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2025-020
Resolution 2025-020
January 15, 2025
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-020
Resolution 2025-020
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-020, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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Packet Page 001736
City of San Bernardino
Agreement Number: CCL-5033-059-A1
AMS ADV ID: 0822000152
Date:Date:
By:
Printed Name:
Title:
Date:
Updated Schedule:
Project Milestone Date
Advertise Request for Bids March 14, 2024
Bids Received April 11, 2024
City Council Award May 15, 2024
Contract Execution & PO Issuance June 14, 2024
Notice to Proceed. June 24, 2024
End Construction Dec 31, 2024
Begin Closeout phase Jan 2, 2025
End Closeout phase June 30, 2025
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29. Vanir Building Lease Options for a Permit and Plan Check Counter Location and
Office Space Needs
Recommendation:
Mayor and City Council Receive an update on the lease options for additional office
space in the Vanir Building at 290 N. D Street and provide direction to staff.
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Department:City Manager's Office
Subject:Vanir Building Lease Options for a Permit and Plan Check
Counter Location and Office Space Needs
Recommendation:
Mayor and City Council Receive an update on the lease options for additional office
space in the Vanir Building at 290 N. D Street and provide direction to staff.
Executive Summary
The City budgeted $440,000 to expand the public counter for Community
Development, Building & Safety permit and plan check services as the space for the
existing counter is not sufficient. The opportunity to expand the current lease space in
the Vanir building was presented to staff and has proven to be a viable and cost
effective option to serve the public in one location to satisfy multiple public service
needs.
Background
In early 2024 calendar year, the project to expand the public counter for permit and
plan check services was initiated. The project was put on hold due to the evaluation of
the former City Hall building occupancy and has now been re-engaged. The cost of
design for the remodel is now estimated to be significantly higher than initially
anticipated and budgeted.
In addition to the needs of Community Development, there are additional space needs
by the departments of Finance, Human Resources and the City Clerk. With the addition
of the new department of Economic Development and the Legislative Affairs Manager,
a large portion of the Finance team was relocated to the first floor, along with some of
the Human Resources team, where offices must be shared. This has created
departments that are fragmented and do not have adequate space.
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Discussion
The Vanir Tower Building space available to the City has minimal improvements,
namely furniture and connectivity infrastructure. The space available that will suit the
needs of the permit and plan check counter is on the first floor, Suite 101A, and is
adjacent to the City’s information center. Staff has evaluated the space and it is suitable
to not only house the staff for counter needs, but also public facing Land Management
and Business License staff.
Additionally, there is space available on the ninth floor, Suite 900, that could
accommodate the City Manager and City Council offices. This could allow the finance
and grants staff that was relocated to the 1st floor, to reunite with their full department
on the 3rd floor.
The relocation of the Community Development staff to Suite 101A could allow for much
needed space for plans and other document storage that should be maintained on-
site, which is currently stored at a neighboring building. The option for the Business
License team to relocate to Suite 101A could allow the City Clerk department to have
access to a much-needed conference room and additional office space.
The lease cost to occupy the space is available at a cost of $2.10 per square foot. The
cost for each Suite is as follows:
Suite 101A is 3,657 square feet, at $2.10 per square foot, totaling $7,679.70 per month
or $92,156.40 per year. Suite 900 is 7,109 square feet, at $2.10, totaling $14,928.90
per month or $179,146.80 per year.
The current monthly rent is $56,817.60 per month and if the City adds both suites, the
total monthly rent would be $79, 426.20, an increase of $22,608.60 per month.
The infrastructure needed is estimated to remain within the budgeted remodel amount
of $440,000, however staff must obtain quotes to get accurate totals.
Staff is seeking direction from the Mayor and City Council to proceed with the option
to relocate the public counter to Suite 101A or to continue the remodel as previously
directed and budgeted. Further, staff is seeking direction on the option to occupy Suite
900. Staff will return with necessary information and lease agreement if such direction
is given.
2021-2025 Strategic Targets and Goals
Aligns with Key Target No. 3- Improved Quality of Life by securing the building space
to serve the public needs in one location.
Fiscal Impact
There is no fiscal impact associated with this item.
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Conclusion
Mayor and City Council Receive an update on the lease options for additional office
space in the Vanir Building at 290 N. D Street and provide direction to staff.
Attachments
Attachment 1 – Vanir Building Suite 101A
Attachment 2– Vanir Building Suite 900
Ward:
All Wards
Synopsis of Previous Council Actions:
Approved the FY2023-2024 budget for the remodel of Community Development’s
Building & Safety Permit and Plan Check counter.
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THIS DOCUMENT IS COPYRIGHT MATERIAL, ANY DISCLOSURE, UNAUTHORIZED USE, DISSEMINATION OR DUPLICATION WITHOUT THE EXPRESS WRITTEN CONSENT OF VANIR CONSTRUCTION MANAGEMENT IS PROHIBITED. ALL RIGHTS RESERVED.
1st Floor PlanSuite 101A
11/26/24
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Revision Schedule
# Date Description
Suite 101A
Rentable: 3,657 sq ft
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THIS DOCUMENT IS COPYRIGHT MATERIAL, ANY DISCLOSURE, UNAUTHORIZED USE, DISSEMINATION OR DUPLICATION WITHOUT THE EXPRESS WRITTEN CONSENT OF VANIR CONSTRUCTION MANAGEMENT IS PROHIBITED. ALL RIGHTS RESERVED.
Suite 900
Floor Plan
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Suite 900ADA
Bathroom
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Women Men Elevator
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Conference Room
Rentable: 7,109 sq ft
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30. Unaudited FY 2023/24 Year-End Update General Fund Financial Update
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the FY 2023/24 Unaudited Year-End Update.
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance and Management
Services
Department:Finance and Management Services
Subject:Unaudited FY 2023/24 Year-End Update General Fund
Financial Update
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the FY 2023/24 Unaudited Year-End Update.
Executive Summary
This report provides an internal analysis of the City’s financial performance for the fiscal
year ending June 30, 2024, pending a finalized audit and production of Annual
Comprehensive Financial Report (ACFR). Both General Fund and Measure S
combined ended FY 2023/24 with a net surplus of $29.05 million, reflecting higher-
than-anticipated revenues and strong performance.
Background
The General Fund and Measure S revenues are crucial to funding essential city
services, including public safety, infrastructure, and community programs. The FY
2023/24 budget emphasized strengthening financial stability while addressing
community priorities and deferred maintenance. Measure S funds were allocated to
enhance public safety, senior and youth services, and infrastructure projects.
Discussion
FY 2023/24 Year-End Performance
Revenues
•General Fund revenue totaled $181.37 million, exceeding the amended budget
of $158.41 million by $22.96 million (+14.5%). This was largely driven by
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continued recovery from pandemic-era disruptions. As businesses and
households regain stability, increased activity in retail, dining, and entertainment
sectors significantly boosted Sales and Use Tax collections.
o Key Contributors:
▪Utility Users Tax: $28.67 million, exceeded budget by $7.67
million—higher consumption of utilities is typically driven by
economic growth and extreme weather conditions.
▪Licenses & Permits: $16.06 million, surpassing budget by $3.29
million. Increased demand for housing helps create momentum in
secondary industries such as construction and local retail.
▪Investment Income: $3.37 million, significantly outperforming
budgeted expectations (+524.6%). Rising interest rates created
an environment conducive to higher investment income, but as the
Federal Reserve continues announcing interest rate cuts, this
performance is not expected to continue.
•Measure S revenues totaled $51.26 million, which is closely aligned with the
amended budget of $51 million (+0.5%).
Expenditures
•General Fund expenditures totaled $196.27 million, coming in under the
amended budget of $218.17 million by $21.90 million (-10%). These significant
savings were partially due to salary savings from the large numbers of full-time
positions added through the Strategic Initiatives and eligible expenses such as
Nuisance Abatement and Graffiti Abatement charges being moved from the
Property Taxes in Lieu of VLF
Sales & Use Tax
Utility User Tax
Franchise Tax
Other Taxes
Licenses & Permits
Fines & Forefeitures
Investment Income
Use of Money and Property
Intergovernmental
Charges for services
Miscellaneous
Measure S Sales Tax
$0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000
FY 2023/24 Unaudited Actuals FY 2023/24 Amended Budget
FY 2023/24 Budget vs Actuals - Revenues
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General Fund into the American Rescue Plan Act (ARPA).
•Measure S expenditures totaled $7.31 million, performing significantly under the
amended budget of $33.90 million, primarily due to delays in CIPS or
having various projects in different phases (i.e., planning, design, and
construction).
Net Position
•Combined: Both General Fund and Measure S show a net surplus of $29.05
million, reflecting unspent funds that are earmarked for future capital and public
safety initiatives.
Review of Fund Balance
The City of San Bernardino's total unaudited fund balance for FY 2023/24 is anticipated
to end at $202,515,453. The calculation for the fund balance total is shown in Table 1
below. The Fund Balance designation is outlined in Table 2 to identify the different
categories within Fund Balance.
Key revenue drivers contributing to the increase in fund balance for FY 2023/24 include
Utility Users Tax, Licenses and Permits, and Investment Income, which outperformed
projections due to favorable economic conditions, while delays in Capital Improvement
Projects (CIPs) contributed to underspending in expenditures.
It is good to note that this surplus (increase in fund balance) is one time funding and
should not be relied upon for recurring operational costs or long-term planning like staff
increases. Instead, the surplus is earmarked for strategic, one-time uses such as
funding deferred maintenance, public safety enhancements, and critical infrastructure
projects, including road improvements and facility upgrades previously approved by
the Mayor and City Council. Reinvesting these funds into CIPs and other high-priority
initiatives ensures they create lasting community value and safeguard the City’s long-
term financial sustainability.
See tables on next page.
Table 1
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Table 2
2021-2025 Strategic Targets and Goals
The review of the financial update aligns with all key targets of the City
Council’s Strategic Plan. The funding of projects and programs at every level of the
organization ensures that the City can achieve the goals and priorities established by
the Mayor and City Council.
Fiscal Impact
There is no financial impact associated with receiving and filing this financial update.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
receive and file the FY 2023/24 Unaudited Year-End Update.
Attachments
1. FY 2023/24 General Fund and Measure S Revenue and
Expenditure Summary
Category FY 2022/23
Actual s
FY 2023/24
Est imat e t o
City Counci l
(Apr-2024)
FY 2023/24
Actuals
(unaudited)
FY 2024/25
Est i mated
Beginning Fund Balance, as of June 30th 156,449,095$ 173,462,555$ 173,462,555$ 202,515,453$
Revenues 221,320,505$ 218,558,821$ 232,633,135$ 236,603,800$
Expenditures (204,307,045)$ (206,707,151)$ (203,580,237)$ (237,453,690)$
Net 17,013,460$ 11,851,670$ 29,052,898$ (849,890)$
CIP Projects (3,565,500)$
Ending Fund Balance 173,462,555$ 185,314,225$ 202,515,453$ 198,100,063$
CALCULATION OF FUND BALANCE
ACFR 2022-23 6/30/2024
Category
FUND BALANCE
06-30-2023
Estimate to
City Council
( Apr-2024)
FUND BALANCE
06-30-2024
FUND BALANCE
06-30-2025
Nonspendable 41,421,536 40,000,000 40,000,000 40,000,000
Restricted 2,086,366 2,000,000 2,000,000 1,800,000
Committed
Animal Services 68,387 ---
General Plan Update 142,877 2,400,000 2,400,000 -
Measure S - Capital Projects 81,762,949 83,512,719 93,512,719 89,947,219
15% Emergency Reserve 28,788,264 31,006,073 31,006,073 35,618,054
10% Economic Contingency Reserve 19,192,176 20,670,715 20,670,715 23,745,369
Unassigned -5,724,718 12,925,946 6,989,421
TOTAL FUND BALANCE 173,462,555 185,314,225 202,515,453 198,100,063
FUND BALANCE DESIGNATION
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Ward:
All Wards
Synopsis of Previous Council Actions:
On June 26, 2024, the Mayor and City Council adopted Resolution No. 2024-142,
approving and adopting the City of San Bernardino’s Operating Budget and Capital
Improvement Plan (CIP) for Fiscal Year 2024/25.
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City of San Bernardino
General Fund Revenue & Expense
FY 2023-24 and FY2024-25 1st Quarter (ending 09-30-2024)
REVENUES
Process Status Posted
Fiscal Year Fiscal Quarter Values
Fiscal Calendar 2024 Fiscal Calendar 2025
Fiscal Quarter 1, 2025
Account Type Level 1
Account Classification Code And Description
1
Adopted Budget -
Reporting
Amended
Budget -
Reporting
Actual Amount -
Reporting
Adopted Budget -
Reporting
Amended
Budget -
Reporting
Actual Amount -
Reporting
Revenue 001 General 80 - Property Taxes $23,000,000 $23,000,000 $23,604,046 $25,806,000 $25,806,000 $0
100 - Sales and Use Tax $58,000,000 $58,000,000 $55,612,168 $58,623,667 $58,623,667 $4,445,092
110 - Utility Users Tax $21,000,000 $21,000,000 $28,671,310 $28,893,750 $28,893,750 $5,563,412
130 - Franchise Tax $12,791,000 $12,791,000 $14,328,378 $14,939,265 $14,939,265 $594,562
15 - Other Taxes $12,016,000 $12,016,000 $12,409,515 $15,060,480 $15,060,480 $1,508,871
20 - Licenses & permits $12,768,000 $12,768,000 $16,059,891 $16,989,168 $16,989,168 $3,042,789
40 - Fines and forfeitures $1,416,000 $1,416,000 $766,079 $1,593,262 $1,593,262 $98,842
50 - Investment income $540,000 $540,000 $3,373,049 $999,900 $999,900 $335,797
55 - Use of Money and Property $604,000 $604,000 $5,273,844 $2,640,627 $2,640,627 $29
60 - Intergovernmental $2,372,000 $3,247,000 $6,708,044 $2,949,651 $3,003,159 $247,454
70 - Charges for services $9,133,250 $9,226,030 $6,829,807 $10,319,801 $10,319,801 $1,222,429
180 - Miscellaneous $3,709,697 $3,803,147 $7,737,244 $4,238,229 $4,248,672 $294,307
90 - Property Taxes in Lieu of Sales Tax $0 $0 $0
001 General Total $157,349,947 $158,411,177 $181,373,376 $183,053,800 $183,117,751 $17,353,584
007 Measure S 121 - Measure S Sales Tax $51,000,000 $51,000,000 $51,214,630 $53,550,000 $53,550,000 $4,240,588
60 - Intergovernmental $0 $0 $45,130
007 Measure S Total $51,000,000 $51,000,000 $51,259,760 $53,550,000 $53,550,000 $4,240,588
Revenue Total $208,349,947 $209,411,177 $232,633,135 $236,603,800 $236,667,751 $21,594,172
EXPENDITURES
Process Status Posted
Fiscal Year Fiscal Quarter Values
Fiscal Calendar 2024 Fiscal Calendar 2025
Fiscal Quarter 1, 2025
Account Type Fund Department
Adopted Budget -
Reporting
Amended
Budget -
Reporting
Actual Amount -
Reporting
Adopted Budget -
Reporting
Amended
Budget -
Reporting
Actual Amount -
Reporting
Expenses 001 General 010 Mayor $305,812 $308,962 $279,481 $298,025 $298,025 $90,131
020 City Council $1,084,346 $1,092,321 $1,061,509 $1,156,448 $1,156,448 $389,223
030 City Clerk $1,836,829 $1,908,667 $1,391,383 $1,942,869 $1,942,869 $420,947
050 City Attorney $4,309,583 $5,309,583 $4,795,033 $5,181,587 $5,181,587 $361,568
100 City Manager $3,019,056 $3,678,843 $3,424,979 $5,156,385 $5,156,385 $1,018,368
180 Community Development & Housing $11,721,180 $13,359,370 $9,341,981 $15,004,584 $14,861,384 $2,999,580
135 Economic Development $0 $498,790 $237,278 $1,785,363 $1,928,563 $425,824
120 Finance & Management Services $5,587,998 $5,671,902 $5,044,637 $6,612,496 $6,612,496 $1,471,894
090 General Government $15,147,856 $15,439,092 $19,370,893 $17,967,471 $18,197,744 $2,703,778
110 Human Resource & Risk Management $2,741,874 $3,059,953 $2,390,082 $2,784,522 $2,784,522 $646,696
210 Police $115,050,227 $119,584,186 $114,176,196 $132,847,479 $134,803,479 $50,757,302
380 Parks Recreation & Community $5,054,805 $5,705,060 $5,109,685 $6,000,401 $6,130,979 $1,404,628
400 Public Works $29,879,002 $34,710,506 $26,606,218 $35,591,030 $33,404,758 $7,424,124
160 Capital Improvement Projects $0 $4,674,835 $320,505 $0 $0 $0
470 Library $2,869,459 $3,133,028 $2,601,058 $4,975,030 $5,038,981 $1,248,557
150 Special Assessment District $150,000 $35,679 $114,321 $150,000 $4,347 $0
001 General Total $198,758,027 $218,170,776 $196,265,240 $237,453,690 $237,502,566 $71,362,620
007 Measure S 090 General Government $0 $1,000,000 $0
160 Capital Improvement Projects $0 $32,896,136 $7,314,997 $0 $3,565,500 $259,131
380 Parks Recreation & Community $0 $8,500 $0
007 Measure S Total $0 $33,904,636 $7,314,997 $0 $3,565,500 $259,131
Expenses Total $198,758,027 $252,075,411 $203,580,237 $237,453,690 $241,068,066 $71,621,751
Revenues $208,349,947 $209,411,177 $232,633,135 $236,603,800 $236,667,751 $21,594,172
Expenditures ($198,758,027) ($252,075,411) ($203,580,237) ($237,453,690) ($241,068,066) ($71,621,751)
NET $9,591,920 ($42,664,234)$29,052,899 ($849,890) ($4,400,315) ($50,027,578)
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31.Program Update and Amendments to Violence Intervention and Prevention
Program Service Provider Agreements and Budget (All Wards)
Recommendation:
It is recommended the Mayor and City Council of the City of San Bernardino, adopt
Resolution No. 2025-021:
1. Authorizing the City Manager, or designee, to execute an amendment to the
agreement and budget with the Board of State and Community Corrections (“BSCC”)
for the California Violence Intervention and Prevention Program Cycle 4 grant (“Grant”);
and
2. Authorizing the City Manager, or designee, to terminate a Professional Services
Agreement (“PSA”) with Victory Outreach San Bernardino (“Victory Outreach”); and
3. Authorizing the City Manager, or designee, to execute an amendment to the PSA
with Operation New Hope; and
4. Authorizing the City Manager, or designee, to execute a Subrecipient Agreement with
Young Visionaries Youth Leadership Academy (“Young Visionaries”), and PSAs with
The Connie Rice Institute for Urban Peace (“Connie Rice”), and Loma Linda University
Institute for Community Partnerships (“Loma Linda”) for community violence
intervention services; and
5. Authorizing the Interim Finance and Management Services Director to issue
Purchase Orders to Young Visionaries in a not to exceed (“NTE”) amount of $249,000
(“$249K”), Operation New Hope in a NTE amount of $458,000 (“$458K”), Connie Rice
in a NTE amount of $110,000 (“$110K”); and Loma Linda in a NTE amount of $142,000
(“$142K”) from BSCC funding for community violence intervention services; and
6. Authorizing the Interim Finance and Management Services Director to reallocate
$104,969.41 in American Resue Plan Act (“ARPA”) funding from Victory Outreach to
Young Visionaries (in the amount of $50,578.88) and Operation New Hope (in the
amount of $54,390.53).
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:January 15, 2025
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Department:City Manager's Office
Subject:Program Update and Amendments to Violence
Intervention and Prevention Program Service Provider
Agreements and Budget (All Wards)
Recommendation:
It is recommended the Mayor and City Council of the City of San Bernardino, adopt
Resolution No. 2025-021:
1. Authorizing the City Manager, or designee, to execute an amendment to the
agreement and budget with the Board of State and Community Corrections (“BSCC”)
for the California Violence Intervention and Prevention Program Cycle 4 grant
(“Grant”); and
2. Authorizing the City Manager, or designee, to terminate a Professional Services
Agreement (“PSA”) with Victory Outreach San Bernardino (“Victory Outreach”); and
3. Authorizing the City Manager, or designee, to execute an amendment to the PSA
with Operation New Hope; and
4. Authorizing the City Manager, or designee, to execute a Subrecipient Agreement
with Young Visionaries Youth Leadership Academy (“Young Visionaries”), and PSAs
with The Connie Rice Institute for Urban Peace (“Connie Rice”), and Loma Linda
University Institute for Community Partnerships (“Loma Linda”) for community
violence intervention services; and
5. Authorizing the Interim Finance and Management Services Director to issue
Purchase Orders to Young Visionaries in a not to exceed (“NTE”) amount of
$249,000 (“$249K”), Operation New Hope in a NTE amount of $458,000 (“$458K”),
Connie Rice in a NTE amount of $110,000 (“$110K”); and Loma Linda in a NTE
amount of $142,000 (“$142K”) from BSCC funding for community violence
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intervention services; and
6. Authorizing the Interim Finance and Management Services Director to reallocate
$104,969.41 in American Resue Plan Act (“ARPA”) funding from Victory Outreach to
Young Visionaries (in the amount of $50,578.88) and Operation New Hope (in the
amount of $54,390.53).
Executive Summary
The City needs to submit a budget modification to the state reducing the Grant award
from $3.8 million (“$3.8M”) to $1,896,729.09 due to significant underspending in the
first year; and the City’s staff recommends reallocating the budget and service
provider responsibilities to ensure the success and compliance with the City’s
agreement with BSCC (and to meet the City’s goals and objectives). In addition, City
staff recommends accepting a six-month no cost contract extension the state is
offering extending the period of performance to June 30, 2026.
BSCC Funding Background
•On February 8, 2022, the City’s Violence Intervention Program (“VIP”)
submitted a proposal to the BSCC’s Grant program. The City’s Grant
submission was focused on building capacity for the VIP.
•On July 8, 2022, staff received a notification BSCC approved the City’s Grant
submission.
•On September 21, 2022, the Council authorized the City Manager to
administer the Grant program on behalf of the City in an award amount of
$3.8M. The BSCC Grant program period of performance ends December 31,
2025.
•On November 24, 2024, BSCC offered a six (6)-month no cost extension
extending the period of performance to June 30, 2026.
Original BSCC Budget
BSCC Budget Line Item Grant Funds
1. Salaries and Benefits $0
2. Services and Supplies $0
3. Health and Wellness $0
4. Professional Services or Public Agency
Subcontracts
$0
5. Non-Governmental Organization (“NGO”)
Subcontracts
$3,400,000
6. Equipment/Fixed Assets $0
7. Project Evaluation $160,000
8. Financial Audit $25,000
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9. Other (Travel, Training, etc.)$50,000
10. Indirect Costs $165,000
TOTALS $3,800,000
ARPA Funding Background
•On October 6, 2021, the Council approved a motion to allocate one million
dollars (“$1M”) of ARPA funds to the VIP program and authorized the City to
release a Request for Proposals (“RFP”) to secure three (3) additional vendors
to provide supportive services.
•On June 1, 2022, the Council authorized the City Manager to allocate $250K
to Young Visionaries, $250K to Victory Outreach, and $250K to Operation
New Hope.
•On October 9, 2024, the Council approved a motion to reallocate the
unobligated $250K VIP ARPA funding to another project within the City.
Original ARPA Allocations
Provider Original Allocation Spent Remaining
Young Visionaries $250K $200,578.88 $49,421.12
Victory Outreach $250K $145,030.59 **$104,969.41
Operation New Hope $250K $211,008.89 $38,991.11
** Amount includes projected expenditures for January 2025
Program Background
The Community VIP program takes a public health approach to aid in the reduction of
shootings and homicides, focusing on interrupting violence and the transmission of
norms that promote it. Using a multi-pronged approach to reduce shootings involving
youth and young adults, the model relies on the use of culturally appropriate staff
who respond to shootings to prevent retaliation and detect and resolve conflicts that
are likely to lead to shootings. The program aims to stop the spread of violence by
using the methods and strategies associated with disease control:
1. Detecting and interrupting conflicts. Trained violence interrupters and outreach
workers reduce shootings by identifying and mediating potentially lethal conflicts in
the community, and following up to ensure the conflict does not reignite.
a. Prevent Retaliations: Whenever a shooting happens, trained staff
immediately work in the community and at the hospital to cool down emotions and
prevent retaliations (working with the victims, friends and family of the victim, and
anyone else related to the event).
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b. Mediate Ongoing Conflicts: Workers identify ongoing conflicts by talking
to key people in the community about ongoing disputes, recent arrests, recent prison
releases, and other situations; and utilize mediation techniques to resolve them
peacefully.
c. Keep Conflicts “Cool”: Workers follow up with conflicts for as long as
needed, sometimes for months, to ensure that the conflict does not become violent.
2. Identifying and treating the highest risk individuals: Trained and culturally-
appropriate outreach workers engage with the highest risk individuals to make them
less likely to commit violence by meeting them where they are, talking to them about
the costs of using violence, and helping them to obtain the social services they need
(such as job training and drug treatment).
a. Access Highest Risk: Workers utilize their trust with high-risk individuals
to establish contact, develop relationships, and begin to work with the people most
likely to be involved in violence.
b. Change Behaviors: Workers engage with high-risk individuals to
convince them to reject the use of violence by discussing the cost and consequences
of violence and teaching alternative responses to situations.
c. Provide Treatment: Workers develop a caseload of clients who they
work with intensively; seeing several times a week and assisting with their needs
such as drug treatment, employment, and leaving gangs.
3. Mobilizing the community to change norms: Workers engage leaders in the
community (as well as community residents, local business owners, faith leaders,
service providers, and the high risk) conveying the message that the residents,
groups, and community do not support the use of violence.
a. Respond to Every Shooting: Whenever a shooting occurs, workers
organize a response where dozens of community members voice their objection to
the shooting.
b. Organize Community: Workers coordinate with existing and establish
new block clubs, tenant councils, and neighborhood associations to assist.
c. Spread Positive Norms: Program distributes materials and hosts events
to convey the message that violence is not acceptable.
Discussion
In the City’s application for the VIP Grant program, Victory Outreach was proposed
as the primary service provider. However, several challenges emerged during the
first year of the three (3) year contract. The lead program manager overseeing this
program at the City Manager’s Office transitioned from the role on March 2, 2023.
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Following this transition, a Management Analyst was temporarily assigned to oversee
the program and discovered irregularities involving the former VIP manager and
Victory Outreach including:
1. A violation of Section 4 of the PSA: The unauthorized advancement of
$900,000 (“$900K”) to Victory Outreach.
2. A violation of Section 200.430(i)(1)(iii) to Title 2 of the Code of Federal
Regulations: The provider requested reimbursement for one hundred percent (100%)
for an employee time under the City’s program, while the same employee time was
also reported under the VIP program in Chicago, Illinois.
3. The former VIP manager was listed as a consultant for Victory
Outreach’s VIP program in Chicago, Illinois, for 2022; and as the Director of
Programming for 2023.
Memos outlining these issues and proposing resolutions were sent to Victory
Outreach on 8/18/23, 8/24/23, 9/13/23, and 10/27/23; however, its responses were
insufficient and did not adequately address the issues identified. The City placed
Victory Outreach on a disbursement hold due to this noncompliance and an
independent fiscal review was conducted for the Grant program Cycles 3 and 4. The
fiscal review confirmed the previously identified issues, along with additional findings.
In light of these findings, City staff recommends the termination of the PSA with
Victory Outreach. It is important to note that despite these challenges, services were
not interrupted. Victory Outreach continued to deliver services, adhere to data
collection protocols, and submit invoices reflecting program activities. All submitted
invoices were reviewed and compared against the $900,000 financial advancement
provided in November 2022.
Due to these challenges, the City’s VIP program has experienced significant
underspending and must now realign the program's budget. This includes
reallocating funds to two new providers and submitting a budget modification to
BSCC, reducing the original award amount from $3.8M to $1,896,729.09.
Proposed BSCC Budget Modification
BSCC Budget Line Item Grant Funds
1. Salaries and Benefits $0
2. Services and Supplies $0
3. Health and Wellness $0
4. Professional Services or Public Agency Subcontracts $0
5. Non-Governmental Organization (NGO) Subcontracts $1,584,942.84
6. Equipment/Fixed Assets $0
7. Project Evaluation $141,786.25
8. Financial Audit $25,000
9. Other (Travel, Training, etc.)$50,000
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10. Indirect Costs $95,000
Total $1,896,729.09
To ensure compliance with the City’s agreement with BSCC and to meet the
program's goals and objectives, City staff recommends that Victory Outreach be
replaced by two new subrecipients: Young Visionaries and Operation New Hope.
Both organizations successfully responded to the City's RFP process for Cycle 3,
hold existing contracts with the City under ARPA funding, and have demonstrated
their ability to effectively support VIP program outcomes. This transition will not only
help the City meet BSCC’s required outcomes, but also expand the program's reach
and overall effectiveness.
Proposed NGOs Allocations
Non-Governmental Organization (“NGO”)
Subcontracts Allocation
Young Visionaries $ 248,645.40
Victory Outreach** $ 878,807.00
Operation New Hope $ 457,490.44
Total $ 1,584,942.84
** Amount reflects expenses accrued since the beginning of cycle 4 and projected expenditures for January
2025
Furthermore, City staff recommends reallocating $104,969.41 in ARPA funds
remaining from Victory Outreach to Young Visionaries and Operation New Hope.
Proposed ARPA Reallocations
Provider Allocation
Young Visionaries $50,578.88
Operation New Hope $54,390.53
Total $104,969.41
Additionally, City staff recommends adding Connie Rice as the training entity and
Loma Linda as the program evaluator. Although these two organizations were not
procured through the City’s RFP process, they served as subcontractors during Cycle
3. Both entities bring extensive expertise and a proven track record of contributing to
the success of the VIP program.
Provider VIP General Funds BSCC
Connie Rice ***$60K $50K
Loma Linda $0.00 $141,786.25
***$60,00 from General Funds currently under the VIP operating budget
Connie Rice is recognized for its specialized training in violence prevention strategies
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and community-based interventions. Their comprehensive approach to addressing
the root causes of violence, combined with their experience working with vulnerable
communities, has been instrumental in advancing the City's VIP program goals. Their
continued involvement in this cycle will ensure that program providers receive high-
quality training that aligns with the program’s objectives and fostering a safer and
more resilient community.
Loma Linda has a strong background in program evaluation and performance
measurement, having successfully evaluated the VIP program in Cycle 3. Their
expertise in data collection, analysis, and reporting will play a critical role in ensuring
the program’s outcomes are effectively measured; and that any necessary
adjustments are made to enhance program impact. Their familiarity with the City's
program structure and goals will help streamline the evaluation process, ensuring the
City meets the accountability standards set by the BSCC.
By leveraging the experience and capabilities of Connie Rice and Loma Linda, the
City will be able to build on the foundation laid in previous cycles; reinforcing its ability
to meet BSCC objectives and improve overall program outcomes.
2021-2025 Strategic Targets and Goals
Approving professional services agreements aligns with Key Target No. 3: Improved
Quality of Life. Having more hybrid professionals such as Street Outreach Workers
and Case Managers increases the program's ability to reach more residents
impacted by violence.
Fiscal Impact
Reduction of the BSCC Grant award and subsequent recommendations will not have
any added fiscal impact on City's General Fund. The agreements are funded by the
BSCC Grant and ARPA allocations assigned to the VIP program back in 2021. The
$60k match for Connie Rice comes from General Funds currently under the VIP
operating budget.
Conclusion
It is recommended the Mayor and City Council of the City of San Bernardino, adopt
Resolution No. 2025-021:
1. Authorizing the City Manager, or designee, to execute an amendment to the
agreement and budget with the Board of State and Community Corrections (“BSCC”)
for the California Violence Intervention and Prevention Program Cycle 4 grant
(“Grant”); and
2. Authorizing the City Manager, or designee, to terminate a Professional Services
Agreement (“PSA”) with Victory Outreach San Bernardino (“Victory Outreach”); and
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3. Authorizing the City Manager, or designee, to execute an amendment to the PSA
with Operation New Hope; and
4. Authorizing the City Manager, or designee, to execute a Subrecipient Agreement
with Young Visionaries Youth Leadership Academy (“Young Visionaries”), and PSAs
with The Connie Rice Institute for Urban Peace (“Connie Rice”), and Loma Linda
University Institute for Community Partnerships (“Loma Linda”) for community
violence intervention services; and
5. Authorizing the Interim Finance and Management Services Director to issue
Purchase Orders to Young Visionaries in a not to exceed (“NTE”) amount of
$249,000 (“$249K”), Operation New Hope in a NTE amount of $458,000 (“$458K”),
Connie Rice in a NTE amount of $110,000 (“$110K”); and Loma Linda in a NTE
amount of $142,000 (“$142K”) from BSCC funding for community violence
intervention services; and
6. Authorizing the Interim Finance and Management Services Director to reallocate
$104,969.41 in American Resue Plan Act (“ARPA”) funding from Victory Outreach to
Young Visionaries (in the amount of $50,578.88) and Operation New Hope (in the
amount of $54,390.53).
Attachments
Attachment 1 PSA Amendment - Operation New Hope
Attachment 2 Subrecipient Agreement - Young Visionaries
Attachment 3 PSA -Connie Rice
Attachment 4 PSA - Loma Linda
Attachment 5 Resolution No. 2025-021
Ward:
All Wards
Synopsis of Previous Council Actions:
October 2, 2024 The Council approved motion to reallocate $250k ARPA
funding allocated to the VIP program to street segment
repair.
September 21, 2022 The Council adopted Resolution No. 22-203 authorizing the
City Manager to receive and administer the BSCC Grant
award of $3.8M, authorizing the City Manager to execute a
fourth (4th) amendment to an agreement with Victory
Outreach, and authorizing the Agency Director of
Administrative Services to amend the FY 2022/2023 adopted
budget revenue and expenditures by $3.8M
June 1, 2022 The Council approved ARPA PSA contracts for Young
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Visionaries, Victory Outreach, and Operation New Hope
October 6, 2021 The Council approved motion to allocate $1M of APRA funds
and release an RFP to secure three (3) additional vendors
October 21, 2020 The Council adopted Resolution No. 2020-251 authorizing
the City Manager to receive and administer BSCC Grant
funds. The Council also adopted Resolution No. 2020-252
approving second budget amendments to community
intervention PSAs
June 2, 2020 The Council approved first amendments to community
intervention program contractors
January 15, 2020 The Council adopted Resolution No. 2020-03 authorizing the
City Manager to prepare and submit funding proposal
December 5, 2018 The Council approved community intervention PSAs
February 21, 2018 The Council adopted Resolution No.18-39, authorizing the
City Manager to receive and administer BSCC Grant funds
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AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
OPERATION NEW HOPE
This Amendment to the Professional Services Agreement is made and entered into as
of January 15, 2025 (“Effective Date”), by and between the City of San Bernardino (a
charter city and municipal corporation organized and operating under the laws of the
State of California with its principal place of business at Vanir Tower, 290 North D
Street, San Bernardino, California 92401) (“City”) and Operation New Hope (a California
non-profit public benefit with its principal place of business at 323 West 7th Street, San
Bernardino, California 92401) (“Consultant”). City and Consultant are sometimes
referred to herein individually as a “Party” and collectively as “Parties”.
RECITALS
WHEREAS, the Parties entered into an agreement dated June 1, 2022, for the
purpose of providing the San Bernardino Community Violence Intervention Program’s
violence reduction strategy (“Agreement”); and
WHEREAS, the Parties now desire to amend the Agreement in order to include
additional Board of State and Community Corrections (“BSCC”) and American Rescue
Plan Act (“ARPA”) funds for the continued performance of the services.
NOW, THEREFORE, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct, and
are hereby incorporated herein by this reference.
2. Term. The term of the agreement shall be extended for an additional six (6)
months; through December 31, 2025, unless earlier terminated.
3. Compensation. Section 4.b is amended by adding an additional not-to-
exceed (“NTE) amount of five hundred eleven thousand eight hundred eighty dollars and
ninety-seven cents ($511,880.97) to the listed NTE amount of two hundred and fifty
thousand dollars ($250,000), thereby increasing the total NTE amount to seven hundred
sixty-one thousand eight hundred eighty dollars and ninety-seven cents ($761,880.97)
with the funding sources broken down as follows:
BSCC Funding $457,490.44
ARPA Funding $54,390.53
Total $511,880.97
3.1 Consultant shall submit a reimbursement request to the City for
payment of the Grant Funds in accordance with the Reimbursement Procedures that is
attached hereto as Exhibit “B”. Consultant agrees that all expenditures are to be in
accordance with the terms of this Agreement.
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4. Continuing Effect of Agreement. Except as amended by this Amendment,
all provisions of the Agreement as amended shall remain in full force and effect, and shall
govern the actions of the Parties under this Amendment. Whenever the term “Agreement”
appears in the original Agreement from and after the date of this Amendment, it shall
mean the Agreement as amended.
5. Federal Terms and Conditions. The Grant Funds must be used strictly in
accordance with the ARPA Requirements attached hereto as Exhibit “C”, which are
incorporated herein by this reference. To the extent that any provision contained in Exhibit
“C” conflicts with any provision of this Agreement, Exhibit “C” governs.
5.1 Any Grant Funds expended by Subrecipient in any manner that does
not adhere to the ARPA Requirements and this Agreement shall be returned or repaid to
the City. This includes, but is not limited to, funds paid to Subrecipient: (a) in excess of
the amount to which Subrecipient is finally determined to be authorized to retain; (b) that
are determined to have been misused; or (c) that are determined to be subject to a
repayment obligation of ARPA.
6. Electronic Transmission. A manually signed copy of this Amendment which
is transmitted by facsimile, electronic mail, or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment for all purposes. This Amendment may be signed using an electronic
signature.
7. Counterparts. This Amendment may be signed in counterparts, each of
which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
OPERATION NEW HOPE
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on
the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
OPERATION NEW HOPE
Signature
Name
Title
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EXHIBIT B:
GENERAL TERMS AND CONDITIONS
1.APPROVAL: This Agreement is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Contractor may not
commence performance until such approval has been obtained.
2.AMENDMENT: No amendment or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.
3.ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written amendment.
4.AUDIT: Contractor agrees that the awarding department, the Department of
General Services, the Bureau of State Audits, or their designated representative shall have
the right to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Contractor agrees to maintain such records for possible
audit for a minimum of three (3) years after final payment, unless a longer period of records
retention is stipulated. Contractor agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. Further, Contractor agrees to include
a similar right of the State to audit records and interview staff in any subcontract related to
performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq.,
CCR Title 2, Section 1896).
5.INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless
the State, its officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm or corporation furnishing or supplying work services, materials, or supplies in
connection with the performance of this Agreement, and from any and all claims and losses
accruing or resulting to any person, firm or corporation who may be injured or damaged by
Contractor in the performance of this Agreement.
6.DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
7.TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of this
Agreement at the time and in the manner herein provided. In the event of such termination,
the State may proceed with the work in any manner deemed proper by the State. All costs
to the State shall be deducted from any sum due the Contractor under this Agreement and
the balance, if any, shall be paid to the Contractor upon demand.
8.INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent capacity and
not as officers or employees or agents of the State.
9.RECYCLING CERTIFICATION: The Contractor shall certify in writing under
penalty of perjury, the minimum, if not exact, percentage of post-consumer material as
defined in the Public Contract Code Section 12200, in products, materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the
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requirements of Public Contract Code Section 12209. With respect to printer or duplication
cartridges that comply with the requirements of Section 12156(e), the certification required
by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract’s benefits to any person on
the basis of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status, nor shall
they discriminate unlawfully against any employee or applicant for employment because of
race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status. Contractor shall insure
that the evaluation and treatment of employees and applicants for employment are free of
such discrimination. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article
9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-
11139.5), and the regulations or standards adopted by the awarding state agency to
implement such article. Contractor shall permit access by representatives of the
Department of Fair Employment and Housing and the awarding state agency upon
reasonable notice at any time during the normal business hours, but in no case less than
24 hours’ notice, to such of its books, records, accounts, and all other sources of
information and its facilities as said Department or Agency shall require to ascertain
compliance with this clause. Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION
CLAUSES contained in the
document CCC 04/2017 are hereby incorporated by reference and made a part of
this Agreement by this reference as if attached hereto.
12.TIMELINESS: Time is of the essence in this Agreement.
13.COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the performance
hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14.GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the Contractor
shall comply with the requirements of the Government Codes Sections set out below.
The Government Code Chapter on Antitrust claims contains the following definitions:
(1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions or public
agencies on whose behalf the Attorney General may bring an action pursuant to subdivision
(c) of Section 16750 of the Business and Professions Code.
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(2) "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and
to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division
7 of the Business and Professions Code), arising from purchases of goods, materials, or
services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment
shall be made and become effective at the time the purchasing body tenders final payment
to the bidder. Government Code Section 4552.
A. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned under this
chapter, the assignor shall be entitled to receive reimbursement for actual legal costs
incurred and may, upon demand, recover from the public body any portion of the recovery,
including treble damages, attributable to overcharges that were paid by the assignor but
were not paid by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
B.Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if the assignor has
been or may have been injured by the violation of law for which the cause of action arose
and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a
court action for the cause of action. See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code 7110,
that:
A.The contractor recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter 8 (commencing with
section 5200) of Part 5 of Division 9 of the Family Code; and
B.The contractor, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment Development
Department.
17.UNENFORCEABLE PROVISION: In the event that any provision of this
Agreement is unenforceable or held to be unenforceable, then the parties agree that all
other provisions of this Agreement have force and effect and shall not be affected thereby.
18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in
excess of $200,000, the Contractor shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and Institutions
Code Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
A.If for this Contract Contractor made a commitment to achieve small business
participation, then Contractor must within 60 days of receiving final payment under this
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Contract (or within such other time period as may be specified elsewhere in this Contract)
report to the awarding department the actual percentage of small business participation
that was achieved. (Govt. Code § 14841.)
B.If for this Contract Contractor made a commitment to achieve disabled
veteran business enterprise (DVBE) participation, then Contractor must within 60 days of
receiving final payment under this Contract (or within such other time period as may be
specified elsewhere in this Contract) certify in a report to the awarding department: (1) the
total amount the prime Contractor received under the Contract; (2) the name and address
of the DVBE(s) that participated in the performance of the Contract; (3) the amount each
DVBE received from the prime Contractor; (4) that all payments under the Contract have
been made to the DVBE; and (5) the actual percentage of DVBE participation that was
achieved. A person or entity that knowingly provides false information shall be subject to a
civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.).
20.LOSS LEADER: If this contract involves the furnishing of equipment,
materials, or supplies then the following statement is incorporated: It is unlawful for any
person engaged in business within this state to sell or use any article or product as a “loss
leader” as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
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EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all
applicable federal laws and regulations including, but not limited to, the federal contract
provisions in this Exhibit C.
1.1 Federal Provisions.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus
Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal
Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this
Agreement. As applicable, Consultant shall comply with all federal requirements
including, but not limited to, the following, all of which are expressly incorporated herein
by reference:
1.1.1 Sections 602 and 603 of the Social Security Act as added by Section
9901 of the American Rescue Plan Act of 2021 (the “Act”);
1.1.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
1.1.3 Treasury Compliance and Reporting Guidance for the Act;
1.1.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, other than such provisions as the
U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program
and subject to such exceptions as may be otherwise provided by the U.S. Department of
the Treasury;
1.1.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and
Conditions; and
1.1.6 Federal contract provisions attached hereto as Exhibit C and
incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the
provisions stipulated in this Agreement. With respect to any conflict between such
federal requirements and the terms of this Agreement and/or the provisions of state law
and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH
APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for
Breach; Termination for Cause/Convenience. The Contract Documents include remedies
for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this
Agreement meets the definition of a “federal assisted construction contract” in 41 CFR §
60-1.3, Consultant agrees as follows during the performance of this Agreement:
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(i)The Consultant will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Consultant will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for
employees placed by or on behalf of the Consultant, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to instances in
which an employee who has access to the compensation information of other employees
or applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
Consultant's legal duty to furnish information.
(iv) The Consultant will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the Consultant's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment.
(v) The Consultant will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the
nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or
orders, this Agreement may be canceled, terminated, or suspended in whole or in part
and the Consultant may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures authorized in
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Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided
by law.
(viii) The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Consultant will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by
the administering agency, the Consultant may request the United States to enter into such
litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the City so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of the Consultant and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the
City agrees that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from
extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been
received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this
Agreement since it is funded by CSLFRF.
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(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable
to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards
Act:
(i)Overtime Requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours
in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (ii) of this section the Consultant and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of
$10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The City
shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the Consultant or subcontractor under any such contract
or any other Federal contract with the Consultant, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
Consultant, such sums as may be determined to be necessary to satisfy any liabilities of
Consultant or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Consultant shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this
Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract
or Agreement: If the Federal award meets the definition of “funding agreement” under 37
CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the Consultant must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
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Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution
Control Act:
(i)Pursuant to the Clean Air Act, (1) Consultant agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the
City and understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal awarding agency and the appropriate
Environmental Protection Agency Regional Office, and (3) Consultant agrees to include
these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant
agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2)
Consultant agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the Federal
awarding agency and the appropriate Environmental Protection Agency Regional Office,
and (3) Consultant agrees to include these requirements in each subcontract exceeding
$150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i)This Agreement is a covered transaction for purposes of 2 C.F.R. pt.
180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the
Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2
C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined
at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by
City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also
agrees to verify that all subcontractors performing work under this Agreement are not
debarred, disqualified, or otherwise prohibited from participation in accordance with the
requirements above. Consultant further agrees to notify the City in writing immediately if
Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply
or bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
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employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i)Consultant shall comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make
maximum use of products containing recovered materials that are EPA-designated items
unless the product cannot be acquired: competitively within a timeframe providing for
compliance with the contract performance schedule; meeting contract performance
requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-
designate items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) The Consultant also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i)Consultant shall not contract (or extend or renew a contract) to
procure or obtain equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system funded under this Agreement. As described in Public
Law 115–232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
(1)For the purpose of public safety, security of government
facilities, physical security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2)Telecommunications or video surveillance services provided
by such entities or using such equipment.
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(3)Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of Defense, in consultation
with the Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or otherwise
connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for
Procurement:
(i)Consultant shall, to the greatest extent practicable, purchase,
acquire, or use goods, products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1)“Produced in the United States’’ means, for iron and steel
products, that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
(2)‘‘Manufactured products’’ means items and construction
materials composed in whole or in part of nonferrous metals such as aluminum; plastics
and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
2.CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative
steps to assure that minority firms, women’s business enterprises, and labor surplus area
firms are used when possible and will not be discriminated against on the grounds of race,
color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i)Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority business, and
women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority business, and women's business
enterprises; and
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(v) Using the services/assistance of the Small Business Administration
(SBA), and the Minority Business Development Agency (MBDA) of the Department of
Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing
affirmative steps when requested by the City.
3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records
and financial documents sufficient to evidence compliance with section 603(c) of the Act,
Treasury’s regulations implementing that section, and guidance issued by Treasury
regarding the foregoing. Consultant agrees to provide the City, Treasury Office of
Inspector General and the Government Accountability Office, or any of their authorized
representatives access to any books, documents, papers, and records (electronic an
otherwise) of the Consultant which are directly pertinent to this Agreement for the
purposes of conducting audits or other investigations. Records shall be maintained by
Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with
the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to
section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.
Consultant also agrees to comply with all other applicable federal statutes, regulations,
and executive orders, including, without limitation, the following:
(i)Universal Identifier and System for Award Management (SAM), 2
C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.
Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180
and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the
award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated
by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.
Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of
1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
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(c) Compliance with Federal Statutes and Regulations Prohibiting
Discrimination. Consultant agrees to comply with statutes and regulations prohibiting
discrimination applicable to the CSLFRF program including, without limitation, the
following:
(i)Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.)
and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or activities
receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 794), which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101
et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial
assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or
claims in connection with the CSLFRF program is a violation of federal law and may result
in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages
and penalties, debarment from participating in federal awards or contracts, and/or any
other remedy available by law.
(e) Protections for Whistleblowers.
(i)In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of a
contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above
includes the following:
(1)A member of Congress or a representative of a committee of
Congress;
(2)An Inspector General;
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(3)The Government Accountability Office;
(4)A Treasury employee responsible for contract or grant
oversight or management;
(5)An authorized official of the Department of Justice or other law
enforcement agency;
(6)A court or grand jury; or
(7)A management official or other employee of Consultant, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
(f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order
13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-
the-job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles, and encourage its subcontractors to do the
same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order
13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and
subcontractors to adopt and enforce policies that ban text messaging while driving, and
Consultant should establish workplace safety policies to decrease accidents caused by
distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project,
including, but not limited to, the following:
(i)Consultant ensures its current and future compliance with Title VI of
the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation,
denial of the benefits of, or subjection to discrimination under programs and activities
receiving federal funds, of any person in the United States on the ground of race, color,
or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the
Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such
as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance
documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving
Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve
access to federally assisted programs and activities for individuals who, because of
national origin, are limited in their English proficiency. Consultant understands that the
denial of access to persons to its programs, services and activities because of their limited
proficiency in English is a form of national origin discrimination prohibited under Title VI
of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or
comply with Treasury’s directives, to ensure meaningful access to its programs, services
and activities to LEP persons. Consultant understands and agrees that meaningful
access may entail providing language assistance services, including oral interpretation
and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for
LEP persons during development of applicable budgets and when conducting programs,
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services and activities. As a resource, the Department of the Treasury has published its
LEP guidance at 70 FR 6067. For more information on LEP, please visit
http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this
assurance constitutes a condition of continued receipt of federal financial assistance and
is binding upon Consultant and Consultant’s successors, transferees and assignees for
the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Consultant and
the Consultant’s subcontractors, successors, transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI
of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance
from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C.
§ 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement). Title VI also extends protection to persons with “Limited
English proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a
part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or
structure is provided or improved with the aid of federal financial assistance by the
Department of the Treasury, this assurance obligates the Consultant, or in the case of a
subsequent transfer, the transferee, for the period during which the real property or
structure is used for a purpose for which the federal financial assistance is extended or
for another purpose involving the provision of similar services or benefits. If any personal
property is provided, this assurance obligates the Consultant for the period during which
it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations.
Enforcement may include investigation, arbitration, mediation, litigation, and monitoring
of any settlement agreements that may result from these actions. Consultant shall comply
with information requests, on-site compliance reviews, and reporting requirements.
(viii) Consultant shall maintain a complaint log and inform the Department
of the Treasury of any accusations of discrimination on the grounds of race, color, or
national origin, and limited English proficiency covered by Title VI of the Civil Rights Act
of 1964 and implementing regulations and provide, upon request, a list of all such reviews
or proceedings based on the complaint, pending or completed, including outcome.
Consultant must also inform the Department of the Treasury if Consultant has received
no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative
agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-
compliance, including any voluntary compliance or other agreements between the
Consultant and the administrative agency that made the finding. If the Consultant settles
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Page 19 of 19
a case or matter alleging such discrimination, Consultant must provide documentation of
the settlement. If Consultant has not been the subject of any court or administrative
agency finding of discrimination, please so state.
(x) If Consultant makes sub-awards to other agencies or other entities,
Consultant is responsible for assuring that sub-recipients also comply with Title VI and all
of the applicable authorities covered in this assurance.
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AMERICAN RESCUE PLAN ACT
SUBRECIPIENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY
This Subrecipient Agreement (“Agreement”) is made and entered into as of January 15,
2025 (“Effective Date”), by and between the City of San Bernardino (a charter city and
municipal corporation organized and operating under the laws of the State of California with its
principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California
92401) (“City”) and Young Visionaries Youth Leadership Academy (a non-profit corporation
with its principal place of business at 696 South Tippecanoe Avenue, San Bernardino,
California 92408) (“Subrecipient”). The City and Subrecipient may be individually referred to
herein as the “Party” and collectively as the “Parties”.
RECITALS
A. President Joseph Biden signed into law the American Rescue Plan Act, Public
Law 117-2 (“ARPA”) on March 11, 2021.
B. ARPA established the Coronavirus State and Local Fiscal Recovery Funds
(“CSLFRF”) program. CSLFRF provides a combined three hundred fifty billion dollars ($350B)
in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on
the pandemic, address its economic fallout, and lay the foundation for a strong and equitable
recovery.
C. The City received CSLFRF Federal funding under ARPA in response to the
coronavirus disease 2019 (“COVID-19”) pandemic. These funds may be used to carry out a
wide range of community development activities, including those that benefit local
communities.
D. The Interim and Final Rules on CSLFRF issued by the Department of the
Treasury (“Treasury”) effective May 17, 2021 and April 1, 2022 (“Rules”) provide the rules and
guidelines for how CSLFRF funds may be spent.
E. The City Council approved an expenditure plan for the ARPA funds (“Expenditure
Plan”) on October 6, 2021, wherein $1M was allocated to the VIP program.
F. The City Council adopted Resolution No. 22-203 of [insert date] authorizing the City
Manager to receive and administer the BSCC Grant award of $3.8M.
G. Subrecipient submitted a proposal to the City for the San Bernardino Community
Violence Intervention Program, a violence reduction strategy (“Project”). The Project is eligible
for expenditure of CSLFRF funds in accordance with Treasury Rules.
H. The City may grant subawards to subrecipients for the furtherance of an ARPA
eligible use pursuant to ARPA rules. The City desires to make a grant of CSLFRF funds to the
Subrecipient for the costs associated with the Project.
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I. The Parties intend this Agreement to set forth the Subrecipient’s obligations
under ARPA and all other regulations pertaining to the Grant Funds.
TERMS AND CONDITIONS
NOW THEREFORE, the Parties agree as follows:
1. Incorporation of Recitals. The recitals listed above are true and correct and are
hereby incorporated herein by this reference.
2. Scope of Services and Budget. The scope of the Services is set forth in the
attached Scope of Work and Budget, which is included as Exhibit “A” to this Agreement.
3. Term. The term of this Agreement begins on the Effective Date and continues
through December 31, 2025, unless modified or terminated in accordance with this
Agreement. Subrecipient certifies that the use of funds will be used only to cover
expenditures allowed under ARPA and incurred during the Term. Any cost obligated to
Subrecipient as of January 1, 2025, must be expended by December 31, 2025, to meet the
eligible costs timeframe as defined by the Treasury.
4. Compensation. City will provide Subrecipient with an amount not-to-exceed two
hundred ninety-nine thousand two hundred twenty-four dollars and twenty-eight cents
($299,224.28) (“Grant Funds”); two hundred forty-eight thousand six hundred forty-five dollars
and forty cents ($248,645.40) from BSCC funds; and fifty thousand five hundred seventy-
eight dollars and eighty-eight cents ($50,578.88) from ARPA funds. Any expenses and costs
incurred by the Subrecipient in excess of the Grant Funds shall be the sole responsibility of
the Subrecipient. Subrecipient shall use the Grant Funds for the Services. Subrecipient shall
submit a reimbursement request to the City for payment of the Grant Funds in accordance
with the Reimbursement Procedures that is attached hereto as Exhibit “B”. Subrecipient
agrees that all expenditures are to be in accordance with the terms of this Agreement.
5. Availability of Funds. The City’s payment to Subrecipient under this Agreement
is contingent on the availability of program funds and continued Federal and state
authorization for the funded program activities.
6. Performance Monitoring. The City will monitor the performance of the
Subrecipient against goals and performance standards required herein or by ARPA.
Substandard performance (as determined by the City in its sole discretion) will constitute non-
compliance with this Agreement. If action to correct such substandard performance is not
taken by the Subrecipient within a reasonable period of time (but no later than ten (10) days
after being notified by the City), the City may suspend any pending disbursements of Grant
Funds; or may, in its sole discretion, terminate this Agreement in the manner provided herein.
City retains the right to recall any funds disbursed if later determined the subrecipient
misrepresented and/or misspent the funds in accordance with this agreement.
7. Modification
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7.1 The City may modify this Agreement at any time if in good faith City
deems it necessary to:
7.1.1 Respond to a reduction or elimination of funds or discontinued
authorization; or
7.1.2 Comply with changes in City, state, or Federal legislation,
regulation, or policy.
7.2 Any modification of this Agreement must be by written amendment,
signed by both Parties. If the City modifies the Agreement and Subrecipient refuses to accept
the modification by executing a corresponding amendment, City may terminate the
Agreement for cause.
8. Commencement of Performance. Subrecipient may not obligate or request
disbursement of funds, incur any cost, or initiate identified Services that are the subject of this
Agreement until each of the following provisions has been fully satisfied:
8.1 Subrecipient must furnish proof of insurance as required by this
Agreement.
8.2 City has obtained proof that Subrecipient is registered on SAM.gov and
Subrecipient is not suspended or barred from Federally funded programs.
8.3 Subrecipient has provided the City with a completed Request for
Taxpayer Identification Number and Certification Form W-9 (Rev. 2020, as issued by the
Internal Revenue Service).
8.4 This Agreement is fully executed by the Parties.
9. Notices. Any notices provided for, or required, to be given hereunder shall be in
writing and shall be personally served or given by mail. Any notice given by mail shall be
deemed given when deposited in the United States Mail (certified and postage prepaid)
addressed to the party to be served as follows:
CITY
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Acting City Manager
SUBRECIPIENT
Youth Visionaries Youth Leadership Academy
696 S Tippecanoe Avenue
San Bernardino, CA 92408
Attention: Terrance Stone
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With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
10. Compliance with Laws. Subrecipient shall comply with all Federal, state, and
local laws, ordinances, rules, and regulations; as well as applicable codes of ethics pertaining
to or regulating the provision of the services (including those now in effect and hereafter
adopted). Any violation of such laws, ordinances, rules, and regulations (and applicable codes
of ethics) shall constitute a material breach of this Agreement and shall entitle the City to recall
any misrepresented/misspent funds and terminate this Agreement immediately upon delivery
of written notice of termination to the Subrecipient.
11. Federal Terms and Conditions
11.1 The Grant Funds must be used strictly in accordance with the ARPA
Requirements attached hereto as Exhibit “C”, which are incorporated herein by this reference.
To the extent that any provision contained in Exhibit “C” conflicts with any provision of this
Agreement, Exhibit “C” governs.
11.2 Any Grant Funds expended by Subrecipient in any manner that does not
adhere to the ARPA Requirements and this Agreement shall be returned or repaid to the City.
This includes, but is not limited to, funds paid to Subrecipient: (a) in excess of the amount to
which Subrecipient is finally determined to be authorized to retain; (b) that are determined to
have been misused; or (c) that are determined to be subject to a repayment obligation of ARPA.
12. Independent Contractor. Subrecipient is an independent contractor. As such,
Subrecipient has no power or authority to incur any debt, obligation, or liability on behalf of the
City. Further, Subrecipient (nor anyone working on its behalf) is not entitled to any benefit
typically associated with an employee such as medical, sick-leave, or vacation benefits.
13. California Public Employees Retirement System (“PERS”) Eligibility Indemnity
13.1 In the event Subrecipient (or any employee, agent, or subcontractor of
Subrecipient providing Services under this Agreement) claims or is determined by a court of
competent jurisdiction or PERS to be eligible for enrollment in PERS as an employee of the
City, Subrecipient will indemnify, defend, and hold harmless City for the payment of any
employee or employer contribution for PERS benefits for Subrecipient (or its employees,
agents, or subcontractors, as well as for the payment of any penalties and interest on such
contributions that would otherwise be the responsibility of the City).
13.2 Notwithstanding any other state or Federal policy, rule, regulation, law, or
ordinance to the contrary, Subrecipient (and any of its employees, agents, and subcontractors
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providing Services under this Agreement) does not qualify for or become entitled to (and hereby
agree to waive any claims to) any compensation, benefit, or any incident of employment by the
City (including but not limited to eligibility to enroll in PERS as an employee of the City and
entitlement to any contribution to be paid by the City for employer contribution or employee
contributions for PERS benefits).
14. Indemnity and Insurance
14.1 Indemnity. Subrecipient will hold the City (and its employees, officers, and
agents) free and harmless from all losses, claims, liens, demands, and causes of action of
every kind and character (including but not limited to the amounts of judgment, interests, court
costs, legal fees, expert costs, expert fees, and all other expenses incurred by City) to the
maximum extent allowed by law arising in favor of any party (including claims, liens, debts,
personal injuries including employees of the City, death or damages to property including
property of City, and without limitation by enumeration all other claims or demands of every
character) occurring or arising directly out of or as a consequence of the performance of the
Services, this Agreement, violation of ARPA Requirements, and use of the Grant Funds (except
only such injury to persons or damage to property due or claimed to be due to the sole
negligence or willful misconduct of the City).
14.2 Insurance. Subrecipient will procure and maintain at all times during the
term of this Agreement insurance as set forth in Exhibit “D” attached hereto.
15. Records, Inspections, and Reports
15.1 Subrecipient will maintain full and accurate records with respect to all
Services and matters covered under this Agreement. City may have free access at all
reasonable times to such records, and has the right to examine and audit the same; and to
make transcripts therefrom (and to inspect all program data, documents, proceedings, and
activities). Subrecipient understands and agrees the City may (at any time) request additional
information that may be required for the purpose of making necessary reports to Treasury
Department (or for otherwise evaluating Subrecipient's progress and performance under this
Agreement). In the event of such requests, Subrecipient will comply by providing the
appropriate data within ten (10) working days from the date of any such request.
15.2 The City, Treasury Department, Comptroller General of the United States,
or any of their duly authorized representatives shall have access to all books, documents,
papers, and records maintained by the Subrecipient in connection with the Services for the
purpose of audit, examination, excerpts, and transcriptions.
15.3 Subrecipient further understands and agrees the records and additional
information described in this section must be retained on a continuing basis for a period of five
(5) years after this Agreement has expired, as required for compliance with ARPA
Requirements.
15.4 Subrecipient shall submit “Quarterly Reports” during the term of this
Agreement within thirty (30) calendar days of the end of each quarter. The first Quarterly
Report is due on or before February 15, 2025; and the final Quarterly Report is due no later
than August 15, 2025. Each Quarterly Report must include sufficient information to assist the
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City in monitoring the Subrecipient’s performance under the terms of this Agreement. The
Subrecipient must submit its Quarterly Report and demonstrate satisfactory performance (at
the sole discretion of the City) prior to reimbursement for expenditures under a reimbursement
request.
16. Audit Requirements
16.1 If Subrecipient is responsible for conducting an annual audit of its ARPA
spending in compliance with the Office of Management and Budget (“OMB”) Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards
Final Rule (Chapter 1, Chapter II, Part 200 to Title 2 of the Code of Federal Regulations). A
copy of the required audit or financial statement must be forwarded to City upon completion.
Any costs associated with the annual audit are the responsibility of Subrecipient.
16.2 Subrecipient shall cooperate in having an audit completed by the City, at
the City’s option and expense.
16.3 Subrecipient shall repay to the City any reimbursement for ARPA funding
that is determined by subsequent audit to be unallowable under ARPA within the time period
required by the ARPA; but no later than one hundred twenty (120) days of Subrecipient
receiving notice of audit findings, which time shall include an opportunity for Subrecipient to
respond to and/or resolve the findings. Should the findings not be otherwise resolved and
Subrecipient fail to reimburse moneys due City within one hundred twenty (120) days of audit
findings (or within such other period as may be agreed between the Parties or required by the
ARPA), the City reserves the right to withhold future payments due Subrecipient from any
source under the City’s control.
17. Prevailing Wage. Subrecipient is aware of the requirements of California Labor
Code Section 1720 et seq. and 1770 et seq. (as well as California Code of Regulations, Title 8,
Section 1600 et seq. (“State Prevailing Wage Laws”)), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the funds are used as part of an applicable “public works” or “maintenance” project
(as defined by the Prevailing Wage Laws) and if the total compensation is one thousand dollars
($1,000) or more, Subrecipient agrees to fully comply with such State Prevailing Wage Laws.
18. Confidentiality. Employees of Subrecipient may (in the course of their duties)
have access to financial, accounting, statistical, and personnel data of private individuals and
of employees of the City. Subrecipient covenants all data, documents, discussion, or other
information developed or received by Subrecipient (or provided for performance of this
Agreement) are deemed confidential and may not be disclosed by Subrecipient without written
authorization by the City. The City will grant such authorization if disclosure is required by law.
All City data must be returned to the City upon the termination of this Agreement. Subrecipient’s
covenant under this section survives termination of this Agreement.
19. Termination
19.1 Termination for Convenience. Either Party may terminate this Agreement
at any time without cause by giving the other written notice of the date of termination at least
thirty (30) calendar days before. If this Agreement is terminated as provided herein by
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Subrecipient, Subrecipient will return all Grant Funds provided to Subrecipient under to this
Agreement to City within thirty (30) calendar days.
19.2 Termination for Cause. If for any reason Subrecipient fails to fulfill in a
timely and proper manner its obligation under this Agreement (or if Subrecipient violates any
of the covenants of this Agreement), the City has the unilateral right to terminate this agreement
by giving Subrecipient written notice at least five (5) calendar days before termination. The
notice must refer to this clause, specify the nature of the alleged default, and specify the
effective date of the termination. If this Agreement is terminated as provided herein,
Subrecipient will return all ARPA funds provided to Subrecipient under to this Agreement to the
City within thirty (30) calendar days.
20. Assignment and Subcontracting. Neither Party may assign or subcontract the
rights or responsibilities under this agreement without the express written consent of the other
Party, which consent may be withheld for any reason or for no reason.
21. Permits and Licenses. Subrecipient (at its sole expense) will obtain and maintain
during the term of this Agreement all appropriate permits, licenses, and certificates that are
required for the performance of the Services.
22. Standard. All Services to be rendered under this Agreement must be performed
in accordance with the standards that are customarily observed by an experienced and
competent professional organization rendering the same or similar services. Subrecipient will
re-perform any of said Services that are not in conformity with applicable standards, as
determined by the City.
23. Resolution of Disputes
23.1 Disputes regarding the interpretation or application of any provision of this
Agreement must, to the extent reasonably feasible, be resolved through good-faith negotiations
between the Parties.
23.2 If any action at law or in equity is brought to enforce or to interpret any
provision of this Agreement, the prevailing party is entitled to recover reasonable attorney’s
fees, costs, and necessary disbursements (in addition to such other relief as may be sought
and awarded).
24. Non-Discrimination and Equal Employment Opportunity. Subrecipient may not
discriminate against any employee, subcontractor, or applicant for employment because of
race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation in the performance of this Agreement.
Subrecipient will take affirmative action to ensure that subcontractors and applicants are
employed and treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
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25. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions continue in full force
and effect without being impaired or invalidated in any way.
26. Governing Law and Venue. This Agreement is governed by and must be
construed in accordance with laws of the State of California. In the event of litigation between
the Parties, venue in state trial courts lies exclusively in the County of San Bernardino. In the
event of litigation in a U.S. District Court, venue lies exclusively in the Central District of
California.
27. Entire Agreement. This Agreement (together with the Exhibits) supersede all
other agreements (whether oral or in writing) between the Parties with respect to its subject
matter. Each Party to this Agreement acknowledges that no representation by any Party that
is not embodied herein (nor any other agreement, statement, or promise not contained in this
Agreement) is valid or binding.
28. Electronic Transmission. A manually signed copy of this Agreement which is
transmitted by facsimile, electronic mail, or other means of electronic transmission shall be
deemed to have the same legal effect as delivery of an original executed copy of this
Agreement for all purposes. This Agreement may be signed using an electronic signature.
29. Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE FOR AMERICAN RESCUE PLAN ACT
SUBRECIPIENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed on the day and year first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
YOUNG VISIONARIES YOUTH
LEADERSHIP ACADEMY
Signature
Name
Title
Approved by City Council on: _____________________
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EXHIBIT A
VIP Scope of Services
1. Violence Intervention
Project Overview: Subrecipient will carry out the work as described herein the Scope of
Work. The City will conduct periodic program monitoring and will report the results to
Subrecipient. Subrecipient shall comply with the City's request to improve and/or solve all
deficiencies. Subrecipient shall immediately notify the City whenever there is a change
in Subrecipient's ability to provide services according to the Scope of Work or whenever
there is a change of Subrecipient staff and/or sub-Subrecipients providing services.
The objective of VIP violence intervention efforts is to reduce group-related violence
through a range of ongoing proactive peacemaking efforts and in partnership with VIP
subrecipients, partners and community stakeholders.
Subrecipient Activities
1.Subrecipient shall conduct intervention services and related intervention activities
with individuals, groups and networks at highest risk of violence by:
a. Ensuring that the primary focus of intervention strategies and related efforts
are established through a combination of the VIP:
i.Service Coordination meetings
ii.Case Review & Conferences
iii.Performance Management meetings
b. Continuously reviewing intervention assignments, activities and strategies
to ensure they reflect the priorities above.
2.Subrecipient shall ensure effective and high-quality intervention services and
related intervention activities with individuals, groups and networks at highest risk
of violence by:
a. Building individual and group relationships with those at highest risk of
involvement in violence, as indicated by VIP Problem Analysis and
Coordination Meeting/Shooting Scorecard.
b. Working proactively to reduce tensions and conflicts that could escalate to
violence or lead to retaliation;
c. Responding to violent incidents (in most cases, shootings):
i.Incident Response: Subrecipient shall conduct Incident Response
coverage in and around the assigned area in an effort to reduce gang
violence (or other violent crimes as determined by the City
Manager's Office). Subrecipient shall respond to incidents of gang
violence, and other violent crimes as needed, in a manner consistent
with the Incident Response Protocol outlined in the Intervention
Services Handbook.
Key points:
a)Subrecipient shall deploy Community Intervention Workers
("CIWs") to incidents of gang violence and notify VIP Manager via
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email, telephone, or text.
b)Subrecipient shall engage families impacted by gang violence.
c)Subrecipient shall engage gang involved individuals.
d)Subrecipient shall maintain the Triangle Protocol as described
in the Intervention Services Handbook.
e)Subrecipient shall complete incident response reports and log
follow up activities in the database system.
f)Subrecipient shall complete incident response forms.
d. Responding to and following up on any such violent incident in accordance
with VIP protocols, including responding to victims of violence who have
been hospitalized.
e. Employing violence interruption tools and techniques, such as conflict
resolution, mediation, relocation, etc., both on a proactive basis and in
response to violent incidents;
f. As directed by the VIP Program Manager, responding to gatherings, such
as funerals, peace marches, and other events that spontaneously form in
response to violent incidents;
g. Assisting the VIP Program Manager, Community Ambassadors, Case
Managers and other VIP partners as they develop and implement:
i.Community engagement plans and strategies focused on groups
and neighborhoods at highest risk of violence (as further
described in in the Community Engagement section of this
document;
ii.Developing and convening regular/frequent mutual-support
meetings, life skills curricula, and complementary informal and
formal supports that collectively serve as a "community of
support;"
h. Ensuring that the above support, services and activities are culturally
appropriate, trauma-informed and, more generally, reflect the priorities and
perspectives of individuals, groups and networks, neighborhoods and
communities that experience disproportionately high levels of violence.
2.Community Engagement
The community engagement component is central to the VIP strategy, particularly the VIP
"communication component" as described in the VIP Program Manual. A priority is to draw
on the Community Ambassadors' credibility, leadership and relationships to engage
individuals, groups and networks, and residents of neighborhoods and communities at
disproportionately high risk of violence in VIP implementation and oversight.
Subrecipient Activities
Subrecipient shall ensure the implementation of a high-quality VIP community
engagement strategy by:
a.Developing and carrying out community engagement plans and strategies
specifically tailored to the community and that include;
i.A variety of community events that provide, for example, recreational,
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cultural, and health and wellness activities designed and incorporated
into a cohesive strategy to build an understanding of and support for
the VIP strategy.
ii.Related opportunities and pathways that lead to active involvement in
and support for VIP program activities, specifically the VIP
communication component as directed by the City.
b.Planning and implementing the communication component of the VIP
strategy, including specifically the group-based and one-on-one meetings as
directed by the City.
i.Promote the voluntary participation in these meetings by individuals at
highest risk of violence.
ii.Promote the voluntary participation in these meetings by informal and
formal community leaders with a demonstrated commitment to
individuals at highest risk of violence.
c.As appropriate, assisting the VIP program manager, case managers, and
interventionists with developing and convening mutual-support meetings
and complementary activities (including "life skills" curricula) that (i) form a
"community of support;" and (ii) are coordinated with the VIP community
engagement strategy;
Key points:
a)Document active gangs affecting the City.
b)Identify, develop and implement strategies to engage active gangs.
c)Identify CIW gang engagement assignments.
d)Document the "License to Operate" ("LTO") of each CIW in respect
to the gangs affecting the zone.
e)Document the proposed peacekeeping activities in the area based
on gang rivalries and crime/violence trends.
f)Document weekly Safe Passage routes at key elementary, middle
and high schools within the zone.
g)Subrecipient shall submit community engagement plan to VIP Office
monthly.
3.Intensive Case Management
The objective of the case management component is to address each client's ongoing
safety while building a relationship that endures over the long term and provides support
in achieving housing stability, progress toward employment opportunities, financial
stability, and positive participation in civic life. This requires developing high-quality,
intensive case-management relationships.
Subrecipient Activities
Subrecipient shall provide intensive case management to individuals at highest risk
of violence by:
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a)Maintaining an ongoing caseload of a minimum of 25 high risk individuals
and no more than 25 secondary prevention individual clients annually.
b)Serving these clients through VIP "dedicated" staff (staff assigned to this
agreement).
c)Maintaining Case Manager caseloads of up to fifteen (15) clients per worker;
d)Ensuring that a minimum of 75 percent of the overall caseload is referred
through the VIP: (i) coordination meetings; and (ii) communication &
community engagement component directed by the City.
e)Ensuring that the remaining 25 percent or less of the caseload meet the
definition of "high risk of gun violence" by having multiple, overlapping risk
factors specifically for gun violence, including, for example, involvement in
recent shootings and recent weapons offenses, etc.
f)Continuously reviewing caseloads under the direction of the VIP program
manager to ensure they reflect the population directed by the City.
g)Conducting a minimum of five (5) high-quality contacts with each client per
week, including a minimum of two in-person visits.
Subrecipient shall provide high-quality and comprehensive case management to
individuals at highest risk of violence by:
a)Developing and providing intensive case-management support through:
•"VIP Life Plans" designed to enable high-risk individuals to set
personal priorities regarding achieving, for example, educational,
employment, financial, and family life goals;
•While prioritizing the safety component of the above VIP Life Plans
that focuses to rapidly reducing the risk of involvement in gun
violence;
b)Assisting clients with conflict resolution, relocation, and life coach mentoring
c)Developing and convening regular/frequent mutual-support meetings -
including "life skills" curricula and complementary informal and formal
supports that collectively serve as a foundation for "community of support;"
d)Ensuring that the above support, services and activities are culturally
appropriate, trauma-informed and, more generally, reflect the priorities and
perspectives of individuals, groups and networks, neighborhoods and
communities that experience disproportionately high levels of violence.
4.Client Services
VIP Intervention Case Management Model identifies two client types - Family Case
Management Clients and Transitional Clients. At least 70% of Subrecipient's
assigned caseload shall be comprised of Family Case Management Clients. Each
client type receives a prescribed service model, and Subrecipient is required to
deliver services according to the Intervention Services Handbook and Scope of
Work. Subrecipient is required to deliver Family Case Management services and log
all service delivery
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Transitional Client Services - Phase 1 Services Transitional Client Services are to
be provided on a 90 day, 4 Phase Cycle. Phase 1 - Referral and Assessment does
not have a timeline. For all clients, the 4 Phase Cycle of services begins on the date
of the Initial Client Meeting/Client Enrollment Date.
i.Subrecipient shall provide VIP Transitional Client Services ("TCS") to up to 30%
of its total number of Client.
ii.Transitional Clients are those clients who require coaching and time to adjust to
the specific requirements of the FCM Mode-Phase 2 Services.
iii.The goal of these services is to prepare clients for FCM services. Transitional
Client Services and referrals are intended to focus on immediate needs and
short-term goals.
iv.These may include, but are not limited to, referrals to substance abuse, life
skills courses, anger management courses, job readiness/certification
programs, and tattoo removal.
v.Short term goals may include obtaining legal identification and other work-
related documentation, and enrollment in educational or vocational programs.
vi.Subrecipient is required to deliver TCS services and log all service delivery
information into the database system in a manner consistent with the process
and policies outlined in the Intervention Services Handbook.
Comprehensive Client Services - Phase 2 Services
i.Subrecipient is required to implement phase two and provide services to a
minimum of 70% of its total number of Clients.
ii.The phase two is designed to take place over a six-month cycle of services
divided into seven phases.
iii.Subrecipient is required to deliver phase two services and log all service
delivery information into the database system in a manner consistent with the
process and policies outlined in the VIP Handbook.
5.Management and Accountability
Subrecipient shall ensure quality implementation of the overall VIP program strategy
and, specifically, the VIP intervention component by:
a. Providing data and information on the above to the City of San Bernardino
VIP Program Manager on, as appropriate, a weekly/semi-weekly/monthly
basis in a clear and organized format for inclusion in VIP program
performance reviews;
b. Employing this case data and information when participating in weekly VIP
coordination, case review and strategy meetings;
c. Actively collaborating with VIP Case Managers, Community Ambassadors
and other relevant VIP stakeholders and partners;
d. Fully participating in the initial VIP program strategy planning and
implementation process. Specifically, assisting with:
i. The initial survey and assessment of client needs and priorities.
ii.At the discretion of the VIP Program Manager, play a role in
responding to shootings and resulting hospitalizations during this
pilot/planning period in partnership with the VIP Case Managers and
Community Ambassadors.
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iii.Planning the initial VIP community engagement and relationship-
building strategy.
e. Fully participating in all VIP intervention, case management and program
trainings and related professional and organizational development
opportunities as requested by the VIP program manager.
f. Subrecipient shall accomplish the following objectives during the contract
cycle:
i.Develop a team of 4 hybrid gang interventionist-case management
workers.
ii.Develop individual family-based service plans each year to a minimum
total of 25 high risk individuals between the ages of 14 - 35.
iii.Develop and implement two City-wide proactive peace-making activities
per year involving the City's most active gangs in the Westside, and two
City- wide proactive peace-making activities per year involving the City's
most active gangs on the Eastside.
iv.Develop and implement "cease fire" agreements within impacted
communities, around public schools, and parks during summer months.
v.Provide ongoing consultation to the City on gang dynamics and incidents
of gang violence.
vi.Respond to all gang related, involved, or motivated violence in the City
using the violence interruption protocol.
vii.Participate in nine (9) Community Education Campaigns (3 per year)
during the grant cycle regarding empirical evidence for risk factors and
behaviors associated with gang joining among youth ages 12-17. Provide
early intervention services to 25 individuals under the age of 18.
g. All of Subrecipient's activities shall be carried out in partnership with the
community and other VIP partners.
6.Schedule of Charges & Reimbursement
Subrecipient is responsible for submitting monthly invoices, along with supporting
documentation for every project-related expense in accordance with Section 4 of the
Agreement. If Subrecipient fails to provide supporting documentation for any project-
related expense in a monthly invoice, payment of any amount due under such invoice
shall be withheld until such time that Subrecipient submits the required supporting
documentation such as:
Article I.Personnel Cost
i.Staff allocation sheet.
ii.Time sheets which reflect the percentages of time worked on VIP related
project must be signed the employee and supervisor. Time sheet must be
dated within the appropriate pay period. Electronically submitted timesheets
are acceptable as long as they contain supervisor approval (wet signed or
electronic).
iii.Payroll register or copies of processed paychecks.
iv.Invoices and proof of payment for fringe benefits (if applicable) must be
submitted monthly.
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Article II.Contractual Services
i.Signed invoices which reflects the appropriate time period, number or hours
being billed (if applicable) and services provided (if applicable)
ii.Proof of payment for Subrecipients and vendors address and contact
information, a copy of a check and bank statement is required.
iii.For sub-Subrecipients, you must submit a copy of a bank statement and
cancelled check.
Article III.Participant Related Cost
(a)Invoices much include the date, the company name, address, contact
information, and itemization of costs. Invoices must be dated within the month
for which the expenditure report is being submitted.
(b)Receipts for purchased items must be dated within the month for which the
expenditure report is being submitted.
(c)Proof of payment, which may be in the form of a copy of a check and bank
statement.
(d)Receipt for gift cards, prizes, gifts, and/or other forms of incentives, and proof
of receipt by the client/family member receiving the incentive:
i.Agency needs to submit a form identifying the recipients and amount of
gift cards in the monthly expenditure reports.
ii.There must be proof of receipt by the client/family for any gift card that
is distributed.
iii.Documentation of receipt must include name and signature or recipient,
source and amount of gift card, date of receipt, and relationship to client
if the recipient is not a client and a copy of the front and back of each
gift card so that the serial number is visible.
(e) Sign in sheets for program events and field trips. Sign in sheet must have
event name, date, and location.
Article IV.Other Cost
(a)Invoices must include the date, the company name, and itemization of costs.
Invoices must be dated within the month for which the expenditure report is
being submitted.
(b)Receipts for purchased items must be dated within the month for which
the expenditure report is being submitted.
(c)Proof of payment, which may be in the form of a copy of a check, credit card
receipts and bank statement
Article V.In-kind Match
(a)All match contributions shall be tracked like all other cost or expense listed
above.
(b)Subrecipient shall submit timely monthly invoices to City for approval. Said invoice
shall be based on the total of Subrecipient's services which have been completed to
City's sole satisfaction.
(c)City shall pay Subrecipient'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.
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EXHIBIT B:
GENERAL TERMS AND CONDITIONS
1.APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Subrecipient may not
commence performance until such approval has been obtained.
2.AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of
the parties.
3.ASSIGNMENT: This Agreement is not assignable by the Subrecipient, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
4.AUDIT: Subrecipient agrees that the awarding department, the Department of
General Services, the Bureau of State Audits, or their designated representative shall
have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. Subrecipient agrees to maintain
such records for possible audit for a minimum of three (3) years after final payment,
unless a longer period of records retention is stipulated. Subrecipient agrees to allow
the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such
records. Further, Subrecipient agrees to include a similar right of the State to audit
records and interview staff in any subcontract related to performance of this
Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2,
Section 1896).
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5.INDEMNIFICATION: Subrecipient agrees to indemnify, defend and save harmless
the State, its officers, agents and employees from any and all claims and losses
accruing or resulting to any and all Subrecipients, sub-subrecipients, suppliers,
laborers, and any other person, firm or corporation furnishing or supplying work
services, materials, or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any
person, firm or corporation who may be injured or damaged by Subrecipient in the
performance of this Agreement.
6.DISPUTES: Subrecipient shall continue with the responsibilities under this
Agreement during any dispute.
7.TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Subrecipient fail to perform the requirements of
this Agreement at the time and in the manner herein provided. In the event of such
termination, the State may proceed with the work in any manner deemed proper by
the State. All costs to the State shall be deducted from any sum due the Subrecipient
under this Agreement and the balance, if any, shall be paid to the Subrecipient upon
demand.
8.INDEPENDENT SUBRECIPIENT: Subrecipient, and the agents and employees of
Subrecipient, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
9.RECYCLING CERTIFICATION: The Subrecipient shall certify in writing under
penalty of perjury, the minimum, if not exact, percentage of post-consumer material
as defined in the Public Contract Code Section 12200, in products, materials, goods,
or supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or
duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Subrecipient and its sub-Subrecipients shall not deny the contract’s benefits to any
person on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Subrecipient shall insure that the
evaluation and treatment of employees and applicants for employment are free of
such discrimination. Subrecipient and sub-Subrecipients shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the
regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by
the awarding state agency to implement such article. Subrecipient shall permit
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access by representatives of the Department of Fair Employment and Housing and
the awarding state agency upon reasonable notice at any time during the normal
business hours, but in no case less than 24 hours’ notice, to such of its books,
records, accounts, and all other sources of information and its facilities as said
Department or Agency shall require to ascertain compliance with this clause.
Subrecipient and its sub-subrecipients shall give written notice of their obligations
under this clause to labor organizations with which they have a collective bargaining
or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Subrecipient shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11.CERTIFICATION CLAUSES: The SUBRECIPIENT CERTIFICATION CLAUSES
contained in the
document CCC 04/2017 are hereby incorporated by reference and made a part of
this Agreement by this reference as if attached hereto.
12.TIMELINESS: Time is of the essence in this Agreement.
13.COMPENSATION: The consideration to be paid Subrecipient, as provided herein,
shall be in compensation for all of Subrecipient's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14.GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15.ANTITRUST CLAIMS: The Subrecipient by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Subrecipient shall comply with the requirements of the Government Codes Sections
set out below.
A.The Government Code Chapter on Antitrust claims contains the following definitions:
1)"Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions or public
agencies on whose behalf the Attorney General may bring an action pursuant to
subdivision (c) of Section 16750 of the Business and Professions Code.
2)"Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
In submitting a bid to a public purchasing body, the bidder offers and agrees that if
the bid is accepted, it will assign to the purchasing body all rights, title, and interest
in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases
of goods, materials, or services by the bidder for sale to the purchasing body pursuant
to the bid. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code Section
4552.
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B. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter,
the assignor shall be entitled to receive reimbursement for actual legal costs incurred
and may, upon demand, recover from the public body any portion of the recovery,
including treble damages, attributable to overcharges that were paid by the assignor
but were not paid by the public body as part of the bid price, less the expenses
incurred in obtaining that portion of the recovery. Government Code Section 4553.
C.Upon demand in writing by the assignor, the assignee shall, within one year from
such demand, reassign the cause of action assigned under this part if the assignor
has been or may have been injured by the violation of law for which the cause of
action arose and (a) the assignee has not been injured thereby, or (b) the assignee
declines to file a court action for the cause of action. See Government Code Section
4554.
16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000,
the Subrecipient acknowledges in accordance with Public Contract Code 7110, that:
A.The Subrecipient recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child and
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B.The Subrecipient, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees
to the New Hire Registry maintained by the California Employment Development
Department.
17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected thereby.
18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of $200,000, the Subrecipient shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A.If for this Contract Subrecipient made a commitment to achieve small business
participation, then Subrecipient must within 60 days of receiving final payment under
this Contract (or within such other time period as may be specified elsewhere in this
Contract) report to the awarding department the actual percentage of small business
participation that was achieved. (Govt. Code § 14841.)
B.If for this Contract Subrecipient made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Subrecipient must within 60 days of
receiving final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) certify in a report to the awarding department:
(1) the total amount the prime Subrecipient received under the Contract; (2) the name
and address of the DVBE(s) that participated in the performance of the Contract; (3)
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the amount each DVBE received from the prime Subrecipient; (4) that all payments
under the Contract have been made to the DVBE; and (5) the actual percentage
of DVBE participation that was achieved. A person or entity that knowingly provides
false information shall be subject to a civil penalty for each violation. (Mil. & Vets.
Code § 999.5(d); Govt. Code § 14841.)
20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a “loss
leader” as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
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EXHIBIT C
FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and
regulations including, but not limited to, the federal contract provisions in this Exhibit C.
(a)Federal Provisions.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal
Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”)
program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply
with all federal requirements including, but not limited to, the following, all of which are expressly
incorporated herein by reference:
(i) Sections 602 and 603 of the Social Security Act as added by Section 9901 of the
American Rescue Plan Act of 2021 (the “Act”);
(ii) U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;
(iii) Treasury Compliance and Reporting Guidance for the Act;
(iv) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as
may be otherwise provided by the U.S. Department of the Treasury;
(v) Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions;
and
(vi) Federal contract provisions attached hereto as Exhibit C and incorporated herein
by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions
stipulated in this Agreement. With respect to any conflict between such federal requirements and the
terms of this Agreement and/or the provisions of state law and except as otherwise required under
federal law or regulation, the more stringent requirement shall control.
1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO
PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (2 C.F.R. § 200.327)
Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach;
Termination for Cause/Convenience. The Contract Documents include remedies for breach
and termination for cause and convenience.
Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets
the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees
as follows during the performance of this Agreement:
(i)The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Consultant will take affirmative action to ensure that applicants are employed, and
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that employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be limited
to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Consultant agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(ii)The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual orientation,
gender identity, or national origin.
(iii)The Consultant will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or
another employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other employees
or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the Consultant's legal duty to furnish information.
(iv)The Consultant will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(v)The Consultant will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi)The Consultant will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
(vii)In the event of the Consultant's noncompliance with the nondiscrimination
clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement
may be canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
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(viii)The Consultant will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each sub-subrecipient or vendor. The Consultant will take such
action with respect to any subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for noncompliance:
B.Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
litigation with a sub-subrecipient or vendor as a result of such direction by the administering
agency, the Consultant may request the United States to enter into such litigation to protect the
interests of the United States.
C.The City further agrees that it will be bound by the above equal opportunity clause with respect
to its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the Agreement.
D.The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Consultant and sub-subrecipients with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
E.The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a subrecipient debarred from, or
who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out such sanctions and
penalties for violation of the equal opportunity clause as may be imposed upon subrecipients
and sub-subrecipients by the administering agency or the Secretary of Labor pursuant to Part
II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the following
actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance,
guarantee) for this project; refrain from extending any further assistance to the applicant under
the program with respect to which the failure or refund occurred until satisfactory assurance of
future compliance has been received from such applicant; and refer the case to the Department
of Justice for appropriate legal proceedings.
Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it
is funded by CSLFRF.
Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this
Agreement since it is funded by CSLFRF.
Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
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(i)Overtime Requirements. No subrecipient or sub-subrecipient contracting
for any part of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which he
or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii)Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (ii) of this section the Consultant and any sub-
subrecipient responsible therefor shall be liable for the unpaid wages. In addition, such
subrecipient and sub-subrecipient shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph (ii) of this
section.
(iii)Withholding for unpaid wages and liquidated damages. The City shall
upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the Consultant or sub-subrecipient under any such contract or any other Federal
contract with the Consultant, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be
determined to be necessary to satisfy any liabilities of Consultant or sub-subrecipient for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this
section.
(iv)Subcontracts. The Consultant or sub-subrecipient shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause
requiring the sub-subrecipients to include these clauses in any lower tier subcontracts. The
Consultant shall be responsible for compliance by any sub-subrecipient or lower tier sub-
subrecipient with the clauses set forth in paragraphs (ii) through (v) of this Section.
Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and
the Consultant wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the Consultant must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency..
Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(v)Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,
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42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and
understands and agrees that the City will, in turn, report each violation as required to assure
notification to the Federal awarding agency and the appropriate Environmental Protection
Agency Regional Office, and (3) Consultant agrees to include these requirements in each
subcontract exceeding $150,000.
(vi)Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees
to comply with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to
report each violation to the City and understands and agrees that the City will, in turn, report
each violation as required to assure notification to the Federal awarding agency and the
appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to
include these requirements in each subcontract exceeding $150,000.
Appendix II to Part 200 (H) – Debarment and Suspension:
(vii)This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(viii)Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(ix)This certification is a material representation of fact relied upon by City. If
it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment.
(x)Consultant warrants that it is not debarred, suspended, or otherwise
excluded from or ineligible for participation in any federal programs. Consultant also agrees to
verify that all sub-subrecipients performing work under this Agreement are not debarred,
disqualified, or otherwise prohibited from participation in accordance with the requirements
above. Consultant further agrees to notify the City in writing immediately if Consultant or its
sub-subrecipients are not in compliance during the term of this Agreement.
Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Subrecipients that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
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(xi)Consultant shall comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement.
(xii)In the performance of this Agreement, the Consultant shall make
maximum use of products containing recovered materials that are EPA-designated items unless
the product cannot be acquired: competitively within a timeframe providing for compliance with
the contract performance schedule; meeting contract performance requirements; or at a
reasonable price.
(xiii)Information about this requirement, along with the list of EPA-designate
items, is available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(xiv)The Consultant also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.”
Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and
Video Surveillance Services or Equipment:
(xv)Consultant shall not contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part
of any system funded under this Agreement. As described in Public Law 115–232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1)For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other national security purposes,
video surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company
(or any subsidiary or affiliate of such entities).
(2)Telecommunications or video surveillance services provided by
such entities or using such equipment.
(3)Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
(xvi)See Public Law 115-232, section 889 for additional information.
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Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(xvii)Consultant shall, to the greatest extent practicable, purchase, acquire, or
use goods, products, or materials produced in the United States (including but not limited to
iron, aluminum, steel, cement, and other manufactured products). The requirements of this
section must be included in all subcontracts.
(xviii)For purposes of this section:
(1)“Produced in the United States’’ means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
(2)‘‘Manufactured products’’ means items and construction materials
composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-
based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including
optical fiber; and lumber.
2.CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure
that minority firms, women’s business enterprises, and labor surplus area firms are used when
possible and will not be discriminated against on the grounds of race, color, religious creed, sex,
or national origin in consideration for an award.
Affirmative steps shall include:
(i)Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii)Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(iii)Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv)Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business enterprises; and
(v)Using the services/assistance of the Small Business Administration (SBA),
and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Consultant shall submit evidence of compliance with the foregoing affirmative steps when
requested by the City.
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3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
Maintenance of and Access to Records. Consultant shall maintain records and financial
documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the
Government Accountability Office, or any of their authorized representatives access to any
books, documents, papers, and records (electronic an otherwise) of the Consultant which are
directly pertinent to this Agreement for the purposes of conducting audits or other investigations.
Records shall be maintained by Consultant for a period of five (5) years after completion of the
Project.
Compliance with Federal Regulations. Consultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section
603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also
agrees to comply with all other applicable federal statutes, regulations, and executive orders,
including, without limitation, the following:
(i)Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby
incorporated by reference.
(ii)Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
(iii)OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term
or condition in all lower tier covered transactions (contracts and subcontracts described in 2
C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s
implementing regulation at 31 C.F.R. Part 19.
(iv)Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v)Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20.
(vi)New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii)Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable
to the CSLFRF program including, without limitation, the following:
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(viii)Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal financial
assistance.
(ix)The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability.
(x)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance.
(xi)The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial assistance.
(xii)Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local governments
or instrumentalities or agencies thereto.
False Statements. Consultant understands that making false statements or claims in
connection with the CSLFRF program is a violation of federal law and may result in criminal,
civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or contracts, and/or any other remedy available
by law.
Protections for Whistleblowers.
(xiii)In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the
list of persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds,
an abuse of authority relating to a federal contract or grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
(xiv)The list of persons and entities referenced in the paragraph above includes
the following:
(1)A member of Congress or a representative of a committee of
Congress;
(2)An Inspector General;
(3)The Government Accountability Office;
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(4)A Treasury employee responsible for contract or grant oversight or
management;
(5)An authorized official of the Department of Justice or other law
enforcement agency;
(6)A court or grand jury; or
(7)A management official or other employee of Consultant, or a sub-
subrecipient who has the responsibility to investigate, discover, or address misconduct.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62
FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or
personally owned vehicles, and encourage its sub-subrecipients to do the same
Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6, 2009), Consultant should encourage its employees and sub-subrecipients to
adopt and enforce policies that ban text messaging while driving, and Consultant should
establish workplace safety policies to decrease accidents caused by distracted drivers.
Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration
Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not
limited to, the following:
(xv)Consultant ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the
benefits of, or subjection to discrimination under programs and activities receiving federal funds,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31
CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives;
circulars; policies; memoranda and/or guidance documents.
(xvi)Consultant acknowledges that Executive Order 13166, “Improving Access
to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to
federally assisted programs and activities for individuals who, because of national origin, are
limited in their English proficiency. Consultant understands that the denial of access to persons
to its programs, services and activities because of their limited proficiency in English is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.
Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to
ensure meaningful access to its programs, services and activities to LEP persons. Consultant
understands and agrees that meaningful access may entail providing language assistance
services, including oral interpretation and written translation where necessary to ensure
effective communication in the Project.
(xvii)Consultant agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting programs, services
and activities. As a resource, the Department of the Treasury has published its LEP guidance
at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
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(xviii)Consultant acknowledges and agrees that compliance with this assurance
constitutes a condition of continued receipt of federal financial assistance and is binding upon
Consultant and Consultant’s successors, transferees and assignees for the period in which such
assistance is provided.
(xix)Consultant agrees to incorporate the following language in every contract
or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s
sub-subrecipients, successors, transferees and assignees:
The sub-subrecipient, successor, transferee and assignee shall comply with Title VI of
the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented
by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein
incorporated by reference and made a part of this contract (or agreement). Title VI also extends
protection to persons with “Limited English proficiency” in any program or activity receiving
federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the
Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this contract (or agreement).
(xx)Consultant understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department of the
Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose for
which the federal financial assistance is extended or for another purpose involving the provision
of similar services or benefits. If any personal property is provided, this assurance obligates the
Consultant for the period during which it retains ownership or possession of the property.
(xxi)Consultant shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations. Enforcement
may include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. Consultant shall comply with information
requests, on-site compliance reviews, and reporting requirements.
(xxii)Consultant shall maintain a complaint log and inform the Department of
the Treasury of any accusations of discrimination on the grounds of race, color, or national
origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and
implementing regulations and provide, upon request, a list of all such reviews or proceedings
based on the complaint, pending or completed, including outcome. Consultant must also inform
the Department of the Treasury if Consultant has received no complaints under Title VI.
(xxiii)Consultant must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Consultant and the
administrative agency that made the finding. If the Consultant settles a case or matter alleging
such discrimination, Consultant must provide documentation of the settlement. If Consultant has
not been the subject of any court or administrative agency finding of discrimination, please so
state.
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(xxiv)If Consultant makes sub-awards to other agencies or other entities,
Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the
applicable authorities covered in this assurance.
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EXHIBIT “D”
INSURANCE
Subrecipient must maintain throughout the duration of the term of the Agreement, liability
insurance covering Subrecipient and designating City, including its elected or appointed officials,
directors, officers, agents, employees, volunteers, or subrecipients, as additional insured against any
and all claims resulting in injury or damage to persons or property (both real and personal) caused by
any aspect of Subrecipient's work, in amounts no less than the following and with such deductibles as
are ordinary and reasonable in keeping with industry standards. It must be stated in the Additional
Insured Endorsement that Subrecipient's insurance policies are primary with respect to any claim
related to or as the result of Subrecipient's work. Any insurance, pooled coverage, or self-insurance
maintained by City, its elected or appointed officials, directors, officers, agents, employees, volunteers,
or Subrecipients must be non-contributory. The Additional Insured Endorsement does not apply to the
Professional Liability Insurance.
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
Subrecipient will provide thirty (30) days advance notice to City before any material change to or any
cancellation of coverage. Certificates of insurance and additional insured endorsements must be
furnished to City thirty (30) days prior to the effective date of this Agreement. Refusal to submit such
certificates constitutes a material breach of this Agreement entitling City to any and all remedies at law
or in equity, including termination of this Agreement. If proof of insurance required under this Agreement
is not delivered as required or if such insurance is canceled and not adequately replaced, City has the
right but not the duty to obtain replacement insurance and to charge Subrecipient for any premium due
for such coverage. City has the option to deduct any such premium from the sums due to Subrecipient.
Insurance must be placed with insurers that are authorized and admitted to write insurance in California
and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a
rating lower than A-:VII is subject to approval by City's Risk Manager. Subrecipient must immediately
advise City of any litigation that may affect these insurance policies.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
THE CONNIE RICE INSTITUTE FOR URBAN PEACE
This Agreement is made and entered into as of January 15, 2025, by and between the City
of San Bernardino (a charter city and municipal corporation organized and operating under the
laws of the State of California with its principal place of business at Vanir Tower, 290 North D
Street, San Bernardino, California 92401) (“City”) and The Connie Rice Institute for Urban Peace
(a non-profit corporation with its principal place of business at 1910 West Sunset Boulevard, Suite
800, Los Angeles, California 90026) (“Consultant”). City and Consultant are hereinafter
sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A.WHEREAS, City is a public agency of the State of California and is in need of
professional services for the San Bernardino Community Violence Intervention Program’s
violence reduction strategy (“Project”); and
B.WHEREAS, Consultant is duly licensed and has the necessary qualifications to
provide such services; and
C.WHEREAS, the Parties desire by this Agreement to establish the terms for City to
retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope
of Services attached hereto as Exhibit “A”.
3. 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 4b below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “A”.
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of one hundred ten thousand dollars ($110,000). This
amount is to cover all related costs for the duration of the term, and the City will not pay any
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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 the Parties and informal
consultations with the other party indicate that a change is warranted, it shall be processed by the
Consultant forwarding a letter to the City outlining the changes 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.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement, unless
agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue through
June 30, 2025, unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely
manner and shall commence performance upon receipt of written notice from the City to proceed.
Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither City nor Consultant shall be considered in default of this Agreement
for delays in performance caused by circumstances beyond the reasonable control of the non-
performing Party. For purposes of this Agreement, such circumstances include a Force Majeure
Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the
services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section,
“orders of governmental authorities,” includes ordinances, emergency proclamations and orders,
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rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall, within
a reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement. Delays shall not entitle Consultant to any additional
compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
10. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the Federal, state, and local government (including California Division of
Occupational Safety and Health Administration requirements).
b. If required, Consultant shall assist the City as requested in obtaining and
maintaining all permits required of Consultant by Federal, state, and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and / or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions. Consultant’s performance shall conform in all material respects to the
requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times
maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or
employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate from
the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits,
qualifications, insurance, and approvals of whatever nature that are legally required of Consultant
to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason. Any attempt to so assign or so transfer without such
consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
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is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this Agreement,
subject to such directions and amendments from City as herein provided. Any personnel
performing the work governed by this Agreement on behalf of Consultant shall at all times be
under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance under this Agreement
and as required by law. Consultant shall be responsible for all reports and obligations respecting
such personnel, including, but not limited to social security taxes, income tax withholding,
unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Additional Insured. The City of San Bernardino, its officials, officers,
employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its
subconsultants’ policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of
all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least
as broad as 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
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endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or provide
coverage excess of a self-insured retention, subject to written approval by the City, and provided
that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad
as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage
Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers,
employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program
may utilize deductibles, provided that such deductibles shall not apply to the City as an additional
insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of that
code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by him/her
to carry out the work contemplated under this Agreement, all in accordance with the “Workers’
Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and
any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.
Consultant shall require all subconsultants to obtain and maintain, for the period required by this
Agreement, workers’ compensation coverage of the same type and limits as specified in this
section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
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specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall
maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3)
denial or loss of service, and the (4) introduction, implantation or spread of malicious software
code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal injury, and
property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
Cyber Liability $1,000,000 per occurrence and aggregate
(ii) Defense costs shall be payable in addition to the limits.
(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.
h. 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.
i. Policy Provisions Required
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(i) Consultant shall provide the City at least thirty (30) days prior written
notice of cancellation of any policy required by this Agreement, except that the Consultant shall
provide at least ten (10) days prior written notice of cancellation of any such policy due to non-
payment of the premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall
each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability
coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(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.
j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements: Each
such policy shall be from a company or companies with a current A.M. Best's rating of no less
than A:VII and admitted to transact in the business of insurance in the State of California, or
otherwise allowed to place insurance through surplus line brokers under applicable provisions of
the California Insurance Code or any Federal law.
k 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
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assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance
required under this Agreement does not comply with these specifications or is canceled and not
replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any
premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts
sufficient to pay premium from Consultant payments. In the alternative, City may cancel this
Agreement.
(iii) The City may require the Consultant to provide complete copies of all
insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
l. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
17. Indemnification
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
reasonably approved by the City), indemnify, and hold the City (its elected and appointed officials,
officers, employees, agents, and authorized volunteers) free and harmless from any and all claims
(demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments,
awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or
persons including wrongful death (“Claims”)) in any manner arising out of, pertaining to, or incident
to any alleged acts (errors, omissions, or willful misconduct) of Consultant (its officials, officers,
employees, subcontractors, consultants, or agents) in connection with the performance of the
Consultant’s services, the Project, or this Agreement (including without limitation the payment of
all damages, expert witness fees, attorneys’ fees, and other related costs and expenses). This
indemnification clause excludes Claims arising from the sole negligence or willful misconduct of
the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City (the City Council, members of the City Council, its employees, or authorized
volunteers). Consultant’s indemnification obligation shall survive the expiration or earlier
termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance as a “design professional” (as that term is defined under Civil
Code section 2782.8), then and only to the extent required by Civil Code section 2782.8 which is
fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent
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which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant in the performance of the services or this Agreement; and upon
Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability
for such claim (including the cost to defend) shall not exceed the Consultant’s proportionate
percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment
of prevailing wage rates and the performance of other requirements on certain “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public works”
or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully
comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and
hold the City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply
with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors
to comply with all California Labor Code provisions, which include but are not limited to prevailing
wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code
Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor
(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor
Code Section 1777.1).
a. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant’s sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the Immigration
Reform and Control Act of 1986, as may be amended from time to time, and shall require all
subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws
of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or Federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under
this Agreement by giving ten (10) calendar days’ written notice to Consultant. 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
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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.
c. If the contract is terminated prior to its completion for any reason, Consultant
shall refund the monthly prorated cost of the incomplete term.
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 Fernando Rejon 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: Rochelle Clayton, Acting City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
The Connie Rice Institute for Urban
Peace
1910 West Sunset Blvd., Suite 800
Los Angeles, CA 90026
Attn: Fernando Rejon
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights
or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and that it shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, sex, age or other interests protected by
the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A”, represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which
are not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise
any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any
attempted assignment without such consent shall be invalid and void.
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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.
43. Electronic Signature. Each Party acknowledges and agrees that this Agreement
may be executed by electronic or digital signature, which shall be considered as an original
signature for all purposes and shall have the same force and effect as an original signature.
44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to
perform its obligations under this Agreement or comply with the Performance Indicators may result
in disciplinary action as follows:
a. Informal Warning (Written or Verbal). Consultant is given a warning in regards
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to non-performance. If a verbal warning is issued, it will be confirmed with an electronic
correspondence to the Consultant.
b. Formal Written Warning. A formal written warning is issued to Consultant
pursuant to Section 29 of this Agreement. Consultant must respond within five (5) to ten (10) days
of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided
a reasonable time to make corrections to their performance.
c. Formal Penalty Issued. A penalty of fifteen percent (15%) of the Consultant’s
current invoice amount or annual contract amount is deducted for non-performance after previous
warnings have been issued.
d. Termination of Contract. If the performance has not been corrected after all
warnings and previous penalties have been exhausted, City may terminate the contract pursuant
to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
THE CONNIE RICE INSTITUTE FOR URBAN PEACE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
THE CONNIE RICE INSTITUTE FOR
URBAN PEACE
Signature
Fernando Rejon
Name
Executive Director
Title
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EXHIBIT A
About Us: Urban Peace Institute (UPI) creates community safety and dismantles harmful systems to
transform justice and ensure freedom from violence.
Scope of Work: UPI will provide training and technical assistance to support the City of San Bernardino
efforts to reduce and prevent community violence and support the implementation of a comprehensive
community safety strategy.
Technical assistance will include:
1.An assessment with stakeholders to understand the current City of San Bernardino
violence prevention and reduction infrastructure as well as public safety dynamics.
Assessment findings will help tailor and inform further trainings and technical
assistance support.
2.(1) five day in-person, forty-hour, Community Violence Intervention
Certification Training for community intervention workers.
3.(1) one-day in-person, 8-hour, School Based Intervention Training for community
intervention workers.
4.(1) two-day in-person, 16-hour, Introduction to Hospital Based Intervention Training for
community intervention workers.
5.(1) one day in-person, 4-hour, Introduction to Community Violence Intervention Training
for multi-sector partners.
6.Three-month technical assistance support for Community Intervention Program Manager
Organization/Entity: City of San Bernardino
Timeline: Spring 2025
Prepared by: The Connie Rice Institute for Urban Peace Institute
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Community Violence Intervention Training Objectives:
1. Understand the public health approach to violence prevention and reduction.
2. Increase knowledge of role in violence intervention and how to fulfill it in a strategic manner.
3. Understand the importance of multi-sector collaboration and mission alignment in implementation of a
violence reduction strategy.
4. Enhance personal and professional development to maintain effectiveness in all facets of their work.
School Based Intervention Training Objectives:
1. Participants will learn to identify and intervene on gang involved violence in schools.
2. Participants will learn how to be advocates for violence impacted and impacting students.
3. Participants will learn how to establish relationships with schools’ personnel to effectively provide
intervention services on campus.
Hospital Based Violence Intervention Training Objectives:
1. Increase knowledge of hospital-based violence intervention.
2. Understand the importance of the role of hospital-based violence intervention workers, challenges,
HIPPA compliance, collaboration with community intervention workers and mission alignment in
implementation of a violence reduction strategy. 3: Enhance personal and professional
development to maintain effectiveness in all facets of their work.
Multi-Sector Training Objectives:
1. Understand the public health approach to violence prevention and reduction.
2. Understand the role and practice of community violence intervention workers within a
comprehensive violence reduction strategy.
3. Understand the importance of multi-sector communication and collaboration amongst all partners
to leverage resources and increase trust.
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Description of Service
Deliverable
Actions/Activities Cost
With the Program Manager develop desired outcomes,
timeline, and sequence of check-in meetings
Meet internally with team to prepare and plan the project
1.1 Project design and ongoing
support
Ongoing meetings with Program Manager to ensure SOW
and outcomes are being met
$5500
Design assessment materials including focus group and
interview questions
Conduct at least (2) focus groups and (3) interviews with
stakeholders
Review any pre-existing data, research, and/or reports that
could inform the assessment
Analyze interview and focus group data
Develop draft memo with assessment findings
1.2 Conduct an Assessment with
stakeholders, analyze data and
tailor training curriculum.
Mileage
$7200
Preparation phone calls to discuss agenda, logistics, relevant
participation, community dynamics, and administration
Consultation, preparation, and planning meetings with
Instructors
Develop training related materials and evaluation
Conduct a 5 day in-person, eight-hour/day training for
community intervention workers (up to 20 participants)
Follow-up call with partner to debrief training and discuss
future steps and/or recommendations
1.3 Conduct Community
Violence Intervention
Certification Training.
Hotel, mileage and per diem
$40,000
$100,000
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Consultation, preparation, and planning meetings with
Instructors
Develop training related materials and evaluation
Conduct a 1 day in-person, eight-hour/day training for
community intervention workers (up to 20 participants)
Follow-up call with partner to debrief training and discuss
future steps and/or recommendations
1.4 Conduct School-Based
Violence Intervention
Training.
Mileage and per diem
$10,000
Develop training related materials and evaluation
Consultation, preparation, and planning meetings with
Instructors
Conduct a 2 day in-person, eight-hour/day training for
community intervention workers (up to 20 participants)
Follow-up call with partner to debrief training and discuss
future steps and/or recommendations
1.5 Conduct Introduction to
Hospital Based Violence
Intervention Training.
Hotel, mileage and per diem
$27,000
Develop training related materials and evaluation
Consultation, preparation, and planning meetings with
Instructors
Conduct a 1 day in-person, four-hour/day training for
partners and stakeholders (up to 20 participants)
Follow-up call with partner to review training and discuss
future steps and/or recommendations
1.6 Conduct Introduction to
Community Violence
Intervention Training for
multi- sector partners
Mileage and per diem
$6800
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1.7 Provide Ongoing
Technical Assistance
Support.
Conduct up to (5) monthly or bi-monthly check-in
meetings with UPI’s Community Violence Intervention
Specialists to assist with implementation, discuss
community violence dynamics, and help with addressing
challenges
$3500
Description of Fee Note
Project Administration Fee 10% of overall budget cost $10,000
Total project cost:$110,000
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
LOMA LINDA UNIVERSITY INSTITUTE FOR COMMUNITY PARTNERSHIPS
This Agreement is made and entered into as of January 15, 2025, by and between
the City of San Bernardino (a charter city and municipal corporation organized and
operating under the laws of the State of California with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”) and Loma
Linda University Institute for Community Partnerships (a non-profit corporation with its
principal place of business at 11188 Anderson Street, Loma Linda, California 92354)
(“Consultant”). City and Consultant are hereinafter sometimes referred to individually as
“Party” and collectively as the “Parties”.
RECITALS
A.WHEREAS, City is a public agency of the State of California and is in need
of professional services for the San Bernardino Community Violence Intervention
Program’s violence reduction strategy (“Project”); and
B.WHEREAS, Consultant is duly licensed and has the necessary
qualifications to provide such services; and
C.WHEREAS, the Parties desire by this Agreement to establish the terms for
City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct, and are
hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in
the Scope of Services attached hereto as Exhibit “A”.
3. 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 4b below, the City shall pay for such services
in accordance with the Schedule of Charges set forth in Exhibit “A”.
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of one hundred forty-one thousand
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seven hundred eighty six dollars and twenty-five cents ($141,786.25). This amount is to
cover all related costs for the duration of the term, 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 the Parties and
informal consultations with the other party indicate that a change is warranted, it shall be
processed by the Consultant forwarding a letter to the City outlining the changes 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.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement,
unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue
through June 30, 2026, unless the Agreement is previously terminated as provided for
herein (“Term”).
7. Maintenance of Records; Audits
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that
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materially affects the Consultant’s performance and is one or more of the following: (1)
Acts of God or other natural disasters occurring at the project site; (2) terrorism or other
acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals
by governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the Federal, state, and local government (including California Division
of Occupational Safety and Health Administration requirements).
b. If required, Consultant shall assist the City as requested in obtaining
and maintaining all permits required of Consultant by Federal, state, and local regulatory
agencies.
c. If applicable, Consultant is responsible for all costs of clean up and /
or removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. Consultant’s performance shall conform in all material
respects to the requirements of the Scope of Work.
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
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business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any reason. Any attempt to so
assign or so transfer without such consent shall be void and without legal effect and shall
constitute grounds for termination. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Consultant from employing independent associates and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions and amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
a. Additional Insured. The City of San Bernardino, its officials, officers,
employees, agents, and volunteers shall be named as additional insureds on Consultant’s
and its subconsultants’ policies of commercial general liability and automobile liability
insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as 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
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(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(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
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Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Consultant shall require all
subconsultants to obtain and maintain, for the period required by this Agreement, workers’
compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must specifically
include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the
Consultant shall maintain privacy/network security insurance for: (1) privacy breaches,
(2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation
or spread of malicious software code, in a form and with insurance companies acceptable
to the City.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
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(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.
h. 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.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability Additional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary insurance
and that any insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made
policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives
its own right of recovery against City and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
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(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.
j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements: Each such policy shall be from a company or companies with a current
A.M. Best's rating of no less than A:VII and admitted to transact in the business of
insurance in the State of California, or otherwise allowed to place insurance through
surplus line brokers under applicable provisions of the California Insurance Code or any
Federal law.
k Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the City, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary, and any premium paid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
l. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
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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
(“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts
(errors, omissions, or willful misconduct) of Consultant (its officials, officers, employees,
subcontractors, consultants, or agents) in connection with the performance of the
Consultant’s services, the Project, or this Agreement (including without limitation the
payment of all damages, expert witness fees, attorneys’ fees, and other related costs and
expenses). This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted
to insurance proceeds, if any, received by the City (the City Council, members of the City
Council, its employees, or authorized volunteers). Consultant’s indemnification obligation
shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined
under Civil Code section 2782.8), then and only to the extent required by Civil Code
section 2782.8 which is fully incorporated herein, Consultant’s indemnification obligation
shall be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant in the performance of
the services or this Agreement; and upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim (including the cost to
defend) shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain “public works” and “maintenance” projects. If the Services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such
Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and
all subcontractors to comply with all California Labor Code provisions, which include but
are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1).
a. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and
1771.1, the Consultant and all subconsultants performing such Services must be
registered with the Department of Industrial Relations. Consultant shall maintain
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registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement
by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to
comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and
federal law respecting the employment of undocumented aliens, including, but not limited
to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or Federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed and/or being abandoned. City shall pay
Consultant the reasonable value of services rendered for any portion of the work
completed prior to termination. If said termination occurs prior to completion of any task
for the Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
amount mutually agreed to by City and Consultant of the portion of such task completed
but not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. 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.
c. If the contract is terminated prior to its completion for any reason,
Consultant shall refund the monthly prorated cost of the incomplete term.
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.
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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 Dr. Juan Carlos Belliard as Project
Manager. The Project Manager shall not be removed from the Project or reassigned
without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rochelle Clayton, Acting City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Loma Linda University Institute for
Community Partnerships
11188 Anderson Street
Loma Linda, CA 92354
Attn: Dr. Juan Carlos Belliard
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.
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31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A”, represents the
entire understanding of City and Consultant as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereunder. Each
Party acknowledges that no representations, inducements, promises, or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
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.
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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.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant
to perform its obligations under this Agreement or comply with the Performance Indicators
may result in disciplinary action as follows:
a. Informal Warning (Written or Verbal). Consultant is given a warning
in regards to non-performance. If a verbal warning is issued, it will be confirmed with an
electronic correspondence to the Consultant.
b. Formal Written Warning. A formal written warning is issued to
Consultant pursuant to Section 29 of this Agreement. Consultant must respond within five
(5) to ten (10) days of receipt of the formal warning. Upon response from the Consultant,
Consultant shall be provided a reasonable time to make corrections to their performance.
c. Formal Penalty Issued. A penalty of fifteen percent (15%) of the
Consultant’s current invoice amount or annual contract amount is deducted for non-
performance after previous warnings have been issued.
d. Termination of Contract. If the performance has not been corrected
after all warnings and previous penalties have been exhausted, City may terminate the
contract pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
LOMA LINDA UNIVERSITY INSTITUTE FOR COMMUNITY PARTNERSHIPS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
LOMA LINDA UNIVERSITY INSTITUTE
FOR COMMUNITY PARTNERSHIPS
Signature
Name
Title
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE OF CHARGES
This scope of work acknowledges the funding received from the City of San Bernardino
(“City”). This document outlines the collaborative framework between Loma Linda
University Institute for Community Partnerships (“ICP”) and the City, emphasizing mutual
commitment to community enrichment and sustainable development. The City recognizes
the mutual collaborative efforts to foster a community-academic partnership. The City and
ICP enter into this agreement with the following understanding:
Key Areas of Collaboration
1.Open Communication and Shared Decision-Making
Both parties commit to maintaining transparent, open channels of
communication. Regular meetings and joint planning sessions will ensure
alignment of goals, resource allocation, and project timelines.
2.Community-Driven Initiatives
Projects will be identified and designed in response to community needs, drawing
from both partners' expertise and local insights. Emphasis will be on inclusivity,
equity, and sustainability.
3.Resource and Data Sharing
The City and ICP will collaborate on data collection, analysis, and sharing of
findings to assess impact, inform strategies, and support continuous
improvement.
4.Capacity Building and Empowerment
The partnership will create opportunities for community education, skills training,
and capacity building; empowering local stakeholders and fostering long-term
resilience.
5.Performance Measurement and Evaluation
Both parties will work together to establish metrics for success and conduct
periodic evaluations, making adjustments as needed to achieve shared
objectives.
Project Title: California Violence Intervention and Prevention Grant Program
Project Background: The City’s Violence Intervention Program (“VIP”) is designed to
reduce community violence Citywide by 5% each year, improve outcomes for young
people at highest risk by reducing recidivism among program participants by 15%, and to
strengthen trust-based working partnerships between the community and police. The
project aims to achieve goals and objectives through a combination of best practices of
hot-spot street outreach; school-based and hospital-based intervention; focused
deterrence; and coordination of trauma informed culturally relevant services, individual
and family case management, crime suppression, and long-term transitional service plans
for individuals. VIP employs the efforts of community leaders, outreach workers, service
providers, and criminal justice agencies to:
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Analyze serious violent incidents and trends to identify individuals at highest risk
of violence.
Respectfully communicate the risks associated with violence and incarceration to
them through alliances of community leaders and integrate these efforts with those
of intervention workers focused on the assessment and implementation of
intervention strategies based on community knowledge and the systematic
analysis of violence.
Combine supportive relationships and intensive case management to build
credible pathways to safety and opportunity for highest risk individuals.
Intentional hotspot street outreach designed to build relationship in the community,
and focused intelligence-driven law enforcement efforts on those individuals who
persist in violence, creating a danger to themselves and other community
members.
Scope of Work Timeline: January 1, 2024 to June 30, 2026
Roles and Responsibilities
1. Evaluator will serve as a consultant for general evaluation needs or questions that
come up.
2. Evaluator will work with Project Manager to focus on next steps and cycle five
evaluation planning. This will include evaluator providing suggestions as related to
tools, assessments, processes, and protocols they have in place. Evaluator will
provide support for program design, that will facilitate program evaluation.
3. Evaluation, which will include reviewing all documents, tools/assessments,
cleaning up data, analysis, and creating an evaluation report (including an
executive summary).
Payment/Budget: Billed quarterly until June 20th 2026
Line item Rate Hours/Number Total Notes
Evaluator $60.64 1,600 $97,024.00 Includes hourly rate + 51.6% benefit
rate
Graduate
Student
$22.00 700 $15,400.00 700 hours estimated
Mileage $0.67 1,500 $1,005.00 $0.67 per mile x 150 miles roundtrip
x 2 trips a quarter over 4 quarters.
Pre-Total $113,429.00
Indirect
cost
$28,357.25 25%
Total $141,786.25
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Resolution No. 2025-021
Resolution 2025-021
January 15, 2025
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RESOLUTION NO. 2025-021
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE AGREEMENT WITH THE BOARD
OF STATE AND COMMUNITY CORRECTIONS (“BSCC”)
FOR THE CALIFORNIA VIOLENCE INTERVENTION AND
PREVENTION PROGRAM CYCLE 4 GRANT, TERMINATE
PROFESSIONAL SERVICES AGREEMENT WITH
VICTORY OUTREACH, AND EXECUTE PROFESSIONAL
SERVICES AGREEMENTS WITH SEVERAL SERVICE
PROVIDERS; AUTHORIZING THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO ISSUE
PURCHASE ORDERS TO ALLOCATE BSCC FUNDING TO
SEVERAL SERVICE PROVIDERS, AND REALLOCATE
OBLIGATED AMERICAN RESCUE PLAN ACT (“ARPA”)
FUNDS FROM VICTORY OUTREACH TO SEVERAL
SERVICE PROVIDER; AND THE CITY MANAGER TO
EXECUTE ARPA SUBAWARDS TO SEVERAL SERVICE
PROVIDERS
WHEREAS, the City of San Bernardino (“City”) Violence Intervention Prevention
Program (“VIP”) submitted a proposal to the California Board of State and Community
Corrections (“BSCC”) for the California Violence Intervention and Prevention Program Cycle 4
grant (“Grant”) on February 8, 2022; and
WHEREAS, BSCC approved the City’s Grant submission for three million eight hundred
thousand dollars (“$3.8M”) on July 8, 2022; and
WHEREAS, the Mayor and City Council (“Council”) adopted Resolution No. 22-203 of
September 21, 2022, authorizing the City Manager to receive and administer the Grant program
for $3.8M; and
WHEREAS, challenges emerged during the first year of the three (3) year contract leading
to a significant underspending, requiring a significant reduction of the original Grant award to
comply with program demands and timeline; and
WHEREAS, the Grant funds will be used for community-based organizations to
implement data-driven, evidence-based violence reduction strategies and focus on the highest risk
individuals.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are
incorporated herein by this reference.
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Resolution No. 2025-021
Resolution 2025-021
January 15, 2025
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SECTION 2. Authorization. The Council hereby authorizes the following:
a. The City Manager, or designee, to execute an amendment to the
agreement and budget with BSCC for the Grant, reducing the original award amount from $3.8M
to $1,896,729.09 and extend the contract date to June 30, 2026.
b. The City Manager, or designee, to terminate the Professional Services
Agreement (“PSA”) with Victory Outreach San Bernardino (“Victory Outreach”).
c. The City Manager, or designee, to execute an amendment to the PSA with
Operation New Hope increasing the compensation amount and terms to be compliant with
American Rescue Plan Act (“ARPA”) funds.
d. The City Manager, or designee, to execute a subrecipient agreement with
Young Visionaries Youth Leadership Academy (“Young Visionaries”), and PSAs with The
Connie Rice Institute for Urban Peace (“Connie Rice”), and Loma Linda University Institute for
Community Partnerships (“Loma Linda”) for community violence intervention services.
e. The Interim Finance and Management Services Director to issue
Purchase Orders to Young Visionaries in a not to exceed (“NTE”) amount of $249,000 (“$249K”),
Operation New Hope in a NTE amount of $458,000 (“$458K”), Connie Rice in a NTE amount of
NTE $110,000 (“$110K”); and to Loma Linda in a NTE amount of $142,000 (“$142K”) from
BSCC funding for community violence intervention services.
f. The Interim Finance and Management Services Director to reallocate
$104,969.41 in ARPA funding from Victory Outreach to Young Visionaries (in the amount of
$50,578.88) and Operation New Hope (in the amount of $54,390.53).
SECTION 3.California Environmental Quality Act (“CEQA”). The Mayor and City
Council finds this Resolution is not subject to 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
(Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for
resulting in physical change to the environment, directly or indirectly.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 15th day of January 2025.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2025-021
Resolution 2025-021
January 15, 2025
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-021
Resolution 2025-021
January 15, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2025-021, adopted at a regular meeting held on the 15th day of January 2025 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2025.
Genoveva Rocha, CMC, City Clerk
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