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HomeMy WebLinkAbout02-15-2023 Agenda Packet FINALMayor 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, FEBRUARY 15, 2023 NO CLOSED SESSION 7:00 PM - OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles E. McNeely COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha MAYOR PRO TEM, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. •PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS •Please contact the City Clerk's Office (909) 384­5002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters. •To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. 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 Pro­Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L. Alexander Mayor Helen Tran Interim City Manager Charles E. McNeely City Attorney Sonia Carvalho City Clerk Genoveva Rocha 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS PRESENTATIONS 1.February 2023 Citizen(s) of the Month – Norma Baltich, Robert Porter, Julie Quezada and John Schollenberger – 7th Ward Constituents APPOINTMENTS 2.Public Safety and Human Relations Commission Appointment (Ward 4) CONSENT CALENDAR 3.Amendment No. 1 to the Professional Services Agreement with Environmental Klean-up Services, Inc. for the Abatement of Nuisance Properties located at 247-267 East Ennis Street and 147 South E Street (Wards 1 and 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Professional Services Agreement with Environmental Klean­up Services, Inc. for the abatement of nuisance properties located at 247­267 East Ennis Street and 147 South E Street. p. 10 p. 15 p. 24 Mayor and City Council of the City of San Bernardino Page 3 DISCUSSION 9.Ranked Choice Voting Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the report and presentation or provide direction to staff regarding the next steps. 4.Legislative Affairs Update (All Wards) p. 52 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Receive and file a report on the City of San Bernardino Legislative and Regulatory Platform; and 2.Receive and file an update on the projects to be included in the City of San Bernardino FY 2023/2024 state and federal budget requests; and 3.Receive and file a report on the City’s state and federal legislative advocacy efforts in 2022; and 4.Ratify the FY 2023/2024 Assembly District Budget Request; and 5.Receive and file a draft itinerary for the 2023 National League of Cities Congressional City Conference. 5.Approval of Commercial and Payroll Disbursements (All Wards) p. 97 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2023. 6.Approval of Amended Form of Funding and Acquisition Agreement Pertaining to Community Facilities District No. 2020­1 (Rancho Palma) of the City of San Bernardino (Ward 5) p. 165 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023­021 of the Mayor and City Council of the City of San Bernardino, California, Approving an Amended Form of Funding and Acquisition Agreement Pertaining to Community Facilities District No. 2020­1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California. 7.Amendment to Increase Purchase Order with Adamson Police Products (All Wards) p. 203 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to increase the existing purchase order with Adamson Police Products to an amount not to exceed $110,000 for the 2022/23 fiscal year to allow for the purchase of ballistic vests, safety equipment and supplies. 8.Task Order Issued to Transtech Engineers for Augmented Engineering Services Pursuant to Professional Service Agreement for On­Call Engineering Services (All Wards) p. 208 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Task Order Transtech001 to Transtech Engineers to provide augmented Capital Improvement Program Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On­Call Engineering Services and authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $135,850. p. 347 Mayor and City Council of the City of San Bernardino Page 4 10.Consider the appropriate staffing levels for both the Office of the Mayor and the City Council Office (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Approved the proposed staffing for both the Office of the Mayor and the City Council Office, andAdopt Resolution No. 2023­031 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $143,387 PUBLIC HEARING 11.Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Recommendation: It is recommended that the Honorable Mayor and City Council members execute the following actions: 1.Conduct a Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2.Close the Public Hearing after all public comments have been heard; and3.Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4.Adopt Resolution No. 2023­030, a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement to adjust the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act. 12.Resolution Approving Street Vacation of a Portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and Reservation of Utilities Therein (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­003 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 13.Presentation of Sustainable Renewable Green Energy Initiative – The AWE System – Mayor Tran 14.To consider formalizing an annual partnership with San Bernardino Valley College and CBOs who host the annual Juneteenth event with financial support up to $50,000 (Ward 3) – Council Member Reynoso 15.State of Emergency: Duties, Powers and Responsibilities of the Mayor's Office and Council (All Wards) – Council Member Alexander p. 366 p. 373 p. 559 p. 574 p. 575 p. 576 Mayor and City Council of the City of San Bernardino Page 5 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 March 01, 2023 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the February 15, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, February 10, 2023. 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 6 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 or not 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 7 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 8 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 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. They will not be read aloud unless you require an ADA accommodation. 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. 2) 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: https://tinyurl.com/mccpubliccomments 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode:2023 The public may begin joining the meeting on Zoom or by calling­in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page... 8) Join the Meeting by clicking on the Zoom link below: Mayor and City Council of the City of San Bernardino Page 9 https://sbcity­org.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677 845 9453 Passcode:2023 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677-845-9453 Passcode:2023 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. 1 1 6 0 PRESENTATIONS City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Damon L. Alexander, Council Member, 7th Ward Department:Council Office Subject:February 2023 Citizen(s) of the Month – Norma Baltich, Robert Porter, Julie Quezada and John Schollenberger – 7th Ward Constituents   Packet Pg. 10 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING NORMANORMA BALTICHBALTICH FEBRUARYFEBRUARY 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 15th day of February 2023   Packet Pg. 11 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING ROBERTROBERT PORTERPORTER FEBRUARYFEBRUARY 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 15th day of February 2023   Packet Pg. 12 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING JULIEJULIE QUEZADAQUEZADA FEBRUARYFEBRUARY 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 15th day of February 2023   Packet Pg. 13 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING JOHNJOHN SCHOLLENBERGERSCHOLLENBERGER FEBRUARYFEBRUARY 20232023 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 15th day of February 2023   Packet Pg. 14 1 1 0 6 APPOINTMENTS City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Fred Shorett, Council Member, 4th Ward Department:Council Office Subject:Public Safety and Human Relations Commission Appointment (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gonzalo B. “Junior” Carrillo to the Public Safety and Human Relations Commission representing Ward 4. Mr. Carrillo will replace Ricardo Tomboc with the term ending December 2026. Council Staff has verified that the appointee is a registered voter within the City. Background The Public Safety and Human Relations Commission was established by Resolution No. 2018-46 on February 21, 2018 and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering). The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Goal Number 2 Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact   Packet Pg. 15 1 1 0 6 No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gonzalo B. “Junior” Carrillo to the Public Safety and Human Relations Commission representing Ward 4. Mr. Carrillo will replace Ricardo Tomboc with the term ending December 2026. Council Staff has verified that the appointee is a registered voter within the City. Attachments Attachment 1 – Commission application – Mr. Gonzalo B. Carrillo Attachment 2 – Resolution No. 2018-46 Ward: Fourth Ward Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-46 establishing the Public Safety and Human Relations Commission was adopted.   Packet Pg. 16   Packet Pg. 18   Packet Pg. 19   Packet Pg. 20   Packet Pg. 21   Packet Pg. 22   Packet Pg. 23 1 1 1 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Amendment No. 1 to the Professional Services Agreement with Environmental Klean-up Services, Inc. for the Abatement of Nuisance Properties located at 247-267 East Ennis Street and 147 South E Street (Wards 1 and 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Professional Services Agreement with Environmental Klean-up Services, Inc. for the abatement of nuisance properties located at 247-267 East Ennis Street and 147 South E Street. Background On November 2, 2022, the Mayor and City Council approved and awarded a Professional Services Agreement (PSA) to Environmental Klean-up Services, Inc. for the abatement of nuisance properties located at 247-267 East Ennis Street and 147 South E Street. Discussion Due to undeterred public access and seasonal weather to structurally damaged buildings and lots, the properties located at 247-267 East Ennis Street and 147 South E Street, have adversely impacted the adjacent properties and it is the City’s responsibility to clean up any off-site debris originating from the primary location that was not included in the original scope of work of the original agreement. For the property located at 247-267 East Ennis St., structural debris, along with illegal dumping has spread across multiple parcels originating from this location. The high visibility of this location has invited vagrancy and vandalism.   Packet Pg. 24 1 1 1 2 In the case of 147 South E Street, though the demolition, abatement and cleanup services have been completed, hazardous materials such as asbestos, lead, and lead- based materials were detected in multiple locations on-site. Additionally, these hazardous materials were also located outside the property and need to be remediated. Amendment No. 1 to the PSA will allow Environmental Klean-up to close out and complete both tasks per the original agreement and complete the projects. It is the City’s objective to pursue reimbursement from the property owner(s) for all costs of testing and remediation of hazardous materials, abatement, demolition, cleanup, and responsible disposal, through the necessary steps. 2021-2025 Strategic Targets and Goals The commercial building demolition, abatement, cleaning, and securing services align with Key Target No. 3: Improved Quality of Life with emphasis on Goal 3d: Improve the City’s appearance, cleanliness, and attractiveness. Demolition, abatement, and cleanup services are utilized through city programs to clean abandoned properties, reduce crime, and ensure that neighborhoods and business areas are safe and attractive. Fiscal Impact Funding for these agreements was included in the FY 2022/23 Adopted Budget and no additional appropriation is required at this time. Costs associated with boarded up and/or abated property is billed to the property owner. If the timely payment is not received, a lien is recorded against the respective property. Over time, it is expected that the City will fully recover the property abatement costs. The overall demolition and abatement cleanup costs of each location are as follows: Original agreement amount for 147 S. E Street & 247 – 267 E. Ennis St: $142,570 Amendment No. 1 Not to exceed amount: $ 25,025 Total $167,595 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 of the Professional Services Agreement with Environmental Klean-up Services, Inc. for the abatement of nuisance properties located at 247-267 East Ennis Street and 147 South E Street. Attachments Attachment 1 Amendment No. 1 to the Professional Services Agreement with Environmental Klean-up Services, Inc. Attachment 2 Signed PSA with Environmental Klean-up Services, Inc.   Packet Pg. 25 1 1 1 2 Ward: First Ward; Third Ward Synopsis of Previous Council Actions: November 2, 2022 The Mayor and City Council approved and awarded a Professional Services Agreement (PSA) to Environmental Klean-up Services, Inc. for commercial building demolition, abatement, and cleanup services.   Packet Pg. 26 -1- AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL KLEAN-UP SERVICES, INC. d/b/a GANNCO DEMOLITION This Amendment No. 1 to the Professional Services Agreement is made and entered into as of February ___, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Environmental Klean-up Services, Inc., a California Corporation d/b/a GANNCO Demolition (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, dated November 2, 2022, for the purpose of providing On-Call Asbestos remediation, demolition, renovation, and cleanup services (the “Master Agreement”). B. WHEREAS, the Parties now desire to amend the Master Agreement in order to include additional funds for the continued performance of the services in accordance with the compensation provisions 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. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Twenty-Five Thousand Twenty Five Dollars ($25,025), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of One Hundred Sixty Seven Thousand Five Hundred Ninety Five Dollars ($167,595). Work shall be performed at the rates set forth in the Master Agreement. 3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, 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. 4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.   Packet Pg. 27 -2- 5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 28 -3- SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL KLEAN-UP SERVICES, INC. d/b/a GANNCO DEMOLITION 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 APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT ENVIRONMENTAL KLEAN-UP SERVICES, INC. D/B/A GANNCO DEMOLITION Beverley Gann, President   Packet Pg. 29 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ENVIRONMENTAL KLEAN-UP SERVICES, INC. d/b/a GANNCO Demolition This Agreement is made and entered into as of November 2, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 ("City"), and Environmental Klean-up Services, Inc., a California corporation d/b/a GANNCO Demolition with its principal place of business at 231 E. Alessandro Blvd., Suite A465, Riverside, CA 92508 (hereinafter referred to as "Consultant"). City and Consultant are hereinafter sometimes referred to individually as "Party" and collectively as the "Parties." RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: On-call Asbestos remediation, demolition, renovation, and cleanup of damaged site(s) including the structure and lot area. Property is to be left clean of existing debris, per final inspection per owner's agent and/or building and safety (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1 . Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2.Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4.Compensation. a.Subject to paragraph 4{b) below, the City shall pay for such services 1 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 30 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 31 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 32 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 33 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 34 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 35 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 36 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 37 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 38 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 39 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 40 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 41 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 42 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 43 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C President, CEO Beverley Gann   Packet Pg. 44 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 45 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 46 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 47 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 48 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 49 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 50 DocuSign Envelope ID: 59F222FE-FDC9-4FA2-B8C7-C1F423D5728C   Packet Pg. 51 1 0 7 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Cory Hodges, Senior Management Analyst Department:City Manager's Office Subject:Legislative Affairs Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file a report on the City of San Bernardino Legislative and Regulatory Platform; and 2. Receive and file an update on the projects to be included in the City of San Bernardino FY 2023/2024 state and federal budget requests; and 3. Receive and file a report on the City’s state and federal legislative advocacy efforts in 2022; and 4. Ratify the FY 2023/2024 Assembly District Budget Request; and 5. Receive and file a draft itinerary for the 2023 National League of Cities Congressional City Conference. Background On April 18, 2018, the Mayor and City Council adopted Resolution No. 2018-117 establishing the Legislative Program Policy and Procedures. The platform and procedures are used to guide city officials and staff in responding to legislative proposals at the state and federal levels throughout the year. Maintaining a legislative platform allows for timely responses to legislative issues important to the City, including position letters on behalf of the City to the Legislature and/or Congress that are consistent with the established platform. Additionally, the platform summarizes the Mayor and City Council’s positions on priority issues and provides the foundation for   Packet Pg. 52 1 0 7 8 developing an annually legislative advocacy strategy. The Legislative and Regulatory Platform was amended twice (2) in 2021 (Higher Education and Sales Tax) and was left unchanged during calendar year 2022. Discussion The Legislative and Regulatory Platform is meant to reflect the City’s position with respect to federal and state legislative issues based upon the Mayor and City Council’s 2021-2025 Key Strategic Targets and Goals that were adopted on November 17, 2021: 1.Improved Operational and Financial Capacity; 2. Focused, Aligned Leadership and Unified Community; 3. Improved Quality of Life; and 4. Economic Growth and Development. Preliminary Revisions to the Legislative and Regulatory Platform: Although the Mayor and City Council have not recently conducted a formal legislative affairs workshop or adopted an amendment to the legislative platform since late 2021, it is important that staff identify and communicate potential amendments that align with the 2021-2025 strategic goals and objectives. After a legislative affairs workshop takes place staff will incorporate feedback from the Mayor and City Council into the legislative and regulatory platform prior to formal adoption. In the interim, staff intends to utilize the attached document to advocate for the City and continue to secure funding for City projects and programs. The following preliminary staff driven revisions build upon the existing Legislative and Regulatory Platform, and incorporate the following language to the appropriate sections: Affordable Housing The City will support policies and funding for infill housing projects. The City will also support the expansion of funding for fair and equitable affordable housing, as well as regulations that promote fair and equitable housing for the most vulnerable, low- income households, including the elimination of barriers in the planning processes and regulatory frameworks that negatively impact the availability and development of affordable housing projects. The City will support Homeownership Initiatives that provide financial assistance and programs to help homebuyers overcome barriers to homeownership, including grants and loans to help with down payments, credit repair programs, and funds to develop additional workforce housing that can be sold to low- to moderate-income residents. Transit Oriented Development (TOD): The City of San Bernardino will support legislation, policies, and funding that links the development of housing with improved public transit systems, local infrastructure, and associated public services. The City will also support legislation, policies, and funding for street improvements designed to enhance foot, bicycle, and public transportation utilization in urban environments. Legislation, policies, and funding must avoid a one- size- fits-all approach and recognize the differences in regional and local community   Packet Pg. 53 1 0 7 8 characteristics and demographics. Economic Development The City will support measures that restore or enhance tax increment financing to provide resources for local jurisdictions. The City will also support changes to legislation related to Community Revitalization & Investment Authority (CRIA) and Enhanced Infrastructure Financing Districts (EIFDs), which make it easier and more effective to establish and administer these tools The City will support grant funding opportunities, legislations, and regulatory policies that support projects outlined in the City of San Bernardino Investment Playbook. Additionally, the City will support efforts by the San Bernardino Airport Authority to pursue legislation, state budget funding, or regulatory changes enhance the quality of life and economic development opportunities for residents of the City San Bernardino. Highways The City will support legislation and policies that increase funding for highway expansion projects with regional or subregional benefits needed to adequately support the growing Inland Southern California Region. Public Facilities The City will oppose any efforts to eliminate or cap the tax-exempt status of municipal bonds (including Private Activity Bonds), or any other action that reduces the utility of using important financing mechanisms to fund public improvement projects. Broadband The City is supportive of any efforts to expand high speed, high-capacity broadband funding. The City supports federal and state legislation preserving the City’s interest in telecommunication, broadband, and infrastructure operations and opposes efforts to restrict cities’ authority to zone and plan for the deployment of telecommunications infrastructure. Green Infrastructure The City will support policies and funding to prepare for the impacts of climate change, including sustainable planning and development policies, programs, and funding that reduce greenhouse gas emissions, vehicle miles traveled, and pollution. The City also supports funding and legislation that facilitates an equitable transition to zero-carbon forms of energy use, transportation, and green infrastructure. Public Safety and Emergency Response The City will seek funding for emergency management and disaster planning training as well as funding to establish and operate a fully capable Emergency Operations Center   Packet Pg. 54 1 0 7 8 Higher Education Resources The City will support state and federal funding and initiatives that expand access to higher education through the development of satellite campuses in urban areas, such as in downtown corridors or other locations with multimodal transit access. Additionally, the City will support efforts by local institutions of higher education in pursuing legislation, state budget funding, or regulatory changes that improve the quality of life for students in San Bernardino, or expand access to services, programs, housing, or workforce development opportunities. FY 2022/2023 State Budget Requests Recap: In 2022, the City circulated amongst its California senatorial and assembly representative's, a staff driven funding requests on four (4) separate projects for potential inclusion in the FY 2022/2023 State of California Budget: 1. Delmann Heights Park Facility Improvements Project 2. Seccombe Lake Park Renovation 3. City of San Bernardino Animal Shelter Expansion 4. City Hall Renovation Project Although the City’s funding requests were not ultimately included in the adopted state budget package, the submissions and advocacy efforts provided our state and federal delegations an opportunity to better understand the needs of the City and its residents. Moving forward, Mayor and City Council priorities that are developed during the annual legislative affairs workshop will be incorporated into annual state budget request documents. FY 2022/2023 Federal Budget Requests Recap: In April of 2022, the City submitted a staff driven funding request to the FY2022/2023 Community Project Funding (CPF) program through the office of Representative Pete Aguilar. The federal grant program is designed to allow jurisdictions an opportunity to submit community project funding requests directly to their congressional representatives. The City of San Bernardino’s geographic boundaries fall within California‘s 23rd and 33rd Congressional Districts, represented by Jay Obernolte and Pete Aguilar, respectively. The City’s request was focused on a project entitled the “Restoration of San Bernardino’s Historic Roosevelt Bowl” in the amount of $1.4 million dollars. Ultimately the City’s submission was successful, and funds are programmed to renovate and reopen the outdoor public performance venue, and fill a great need for area performance artists, musicians, and students, as well as non-profit, cultural and civic groups. Elements of the project include the installation of fencing, renovation to the building including the roof, external concession stand/bathroom renovations, American with Disabilities Act compliance upgrades, concrete and electrical work, restoration of walkway access trail, upgrades to lighting and sound systems, renovation of the dressing rooms, and restoration of landscaping and irrigation. When operational, the   Packet Pg. 55 1 0 7 8 Roosevelt Bowl will serve as an economic catalyst for growth and economic activity in the area. Staff are awaiting guidance on whether the federal grant program will continue in FY2023/2024. If the program is funded, staff will evaluate the guidelines and collaborate with the Mayor and City Council during the annual legislative affairs workshop to develop a request that aligns with Mayor and City Council priorities. FY 2023/2024 State & Federal Budget Requests: In fiscal year 2023/2024 the City does not anticipate the state will have the levels of discretionary funding it’s had previous years, resulting in limited funding for district specific requests. At the federal level, the community project funding program that facilitated the restoration of the Roosevelt Bowl is at risk of being defunded. Considering these assumptions, staff intends to advance targeted state and federal budget requests focused on securing additional funds for the implementation of the City’s Homelessness Strategic Initiative, a top priority of administrations at the state and federal level. Additional projects that may be included in the proposal in order to engage representatives at the state and federal level are the San Bernardino Animal Shelter due to the services the shelter provides to cities across the region, the City Hall renovation project, and the Historic California Theatre renovation project. Moving forward, Mayor and City Council priorities that are developed during the annual legislative affairs workshop will be incorporated into annual state and federal budget request proposals. Legislative Advocacy Services Update: In 2022, the City engaged in several efforts to advance it’s legislative and regulatory platform and strategic goals. The City’s legislative advocacy consultant, staff, and elected officials, participated in meetings, engaged state and federal agencies, and submitted position letters to ensure our perspective was considered on important legislative and regulatory matters. State Legislative Advocacy: From 2020 to 2022, the City’s legislative advocacy consultant has been Hurst, Brooks, and Espinosa (HBE). The agreement with the HBE was set expire in November of 2022, which necessitated the need for the City to go back out to bid for these important services. On August 22, 2022, staff initiated a Request for Proposals (RFP) for state legislative advocacy services. The bid was published on the City’s procurement website, Planetbids, and closed in late September of 2022 with only two prospective bidders submitting proposals. In October, staff evaluated the proposals based on several factors such as firm experience, capacity, cost, etc., and determined that Hurst Brooks Espinosa (HBE) was the most appropriate firm to provide the City services under this call. At the November 16, 2022, Mayor and City Council meeting, staff recommended approval of a one-year agreement with HBE for state legislative advocacy services with an option to extend administratively for up to two additional years. The Mayor and City Council voted to continue the item to a later date and requested HBE provide a 2022 legislative   Packet Pg. 56 1 0 7 8 advocacy annual report (Attachment 3). Unfortunately, in early December 2022, HBE informed the Purchasing Department that they would be withdrawing from consideration of being awarded the agreement. Given this set of circumstances the City does not currently have a legislative advocacy firm under agreement. In response, staff quickly worked with the Purchasing Department to re-release a state legislative advocacy services RFP which is set to close mid-February. As outlined in the 2022 legislative advocacy annual report, there are several important services provided to the City by a legislative advocacy firm. Staff will continue working on fulfilling this vital service. Federal Legislative Advocacy: The City of San Bernardino does not currently retain the services of a federal legislative advocacy firm but has previously retained such services when funding was available in the city budget. From 2008-2012, the City retained Innovative Federal Strategies, a Washington, D.C based federal legislative advocacy firm. Largely as a result of cost cutting measures during the City‘s bankruptcy years, federal legislative advocacy services were not retained from 2013 - 2022. In 2019 however, staff brought forward a recommendation to retain Townsend Public Affairs as the City’s federal legislative advocate, but that recommendation was not ultimately adopted. In early February of 2023, the City once again released an RFP specific to federal legislative advocacy services, and that bid is set to close in early March 2023. FY 2023/2024 Assembly District Budget Request Ratification: On January 18, 2023, the Office of Assembly Majority Leader Eloise Gomez Reyes, contacted the City and offered an opportunity to submit one (1) project funding request pertaining to the FY 2023/2024 State Budget. Although there are no guarantees that a submission will be honored during the upcoming fiscal year, it is important for jurisdictions to submit a project that speaks to the concerns of community members and the priorities of the elected body. Staff reviewed the 2021-2025 strategic goals, and recent priorities set by the Mayor and City Council, and developed a district budget request that builds upon the funding commitments the Mayor and City Council made towards the City of San Bernardino H.O.P.E. (Homeless Outreach Prevention and Education) Campus. Specifically, staff submitted a request in the amount of $4.5 million dollars for annual H.O.P.E Campus Navigation Center operating costs. Due to the timing of the request deadline (February 3, 2023), and the staff work involved in identifying an appropriate project, conducting a cost analysis, and developing a proposal, there was not enough time to place the conceptual framework of a district budget request on the February 1, 2023, agenda. Staff recommend ratifying the Assembly District budget request that was submitted on February 3, 2023, to the Office of Assembly Majority Leader Eloise Gomez Reyes. Moving forward, staff anticipate establishing a formal process during the annual legislative affair workshop to capture Mayor and City Council priorities and incorporate them into annual assembly district budget requests. Majority Leader Reyes has been a strong advocate for the City of San Bernardino since   Packet Pg. 57 1 0 7 8 2016 when she first began representing the district. Due to the 2020 census, and the efforts of the state’s independent redistricting commission in December of 2021, assembly district boundaries have been redrawn statewide. Majority Leader Reyes will now represent Assembly District 50, which does not encompass the City of San Bernardino. Instead, the City will fall under Assembly District 45 represented by Assemblymember James Ramos, who has been a strong advocate and partner in improving the San Bernardino community. 2023 National League of Cities Conference: On March 24 – March 28, 2023, members of the Mayor and Council along with a limited amount of City staff will attend the National League of Cities (NLC) conference being held in Washington, D.C. The 2023 NLC Congressional City Conference will serve as a valuable experience for the delegation, where they can interact with federal policymakers and learn more about federal funding opportunities. Additionally, staff are organizing meetings with Congressional Representatives and Senators that represent San Bernardino, agencies that oversee programs important to City priorities, and partners on important projects such as the Investment Playbook. Finally, staff have reached out to schedule a meeting with representatives of the White House Initiative on Advancing Educational Equity, Excellence and Economic Opportunity for Hispanics, who the City partnered with at the November 16, 2022, San Bernardino White House Economic Summit held at CSUSB and keynoted by Secretary of Education Miguel Cardona. At the previous NLC conference, President Biden gave a keynote speech discussing the important role local governments play in implementing the American Rescue Plan Act, and Secretary Buttigieg held a discussion about the local funding possibilities included in the Bipartisan Infrastructure Law (BIL). The City of San Bernardino was awarded $77 million in ARPA funds and is actively researching and applying for grants that are funded through the BIL, demonstrating the importance these federal funding opportunities play in enhancing City services and operations. By attending the 2023 NLC conference and interacting directly with federal policymakers, City officials will gain valuable insight into the latest funding opportunities and learn about emerging practices that strengthen local economic growth. 2023 City of San Bernardino Legislative Affairs Workshop: At the February 1, 2023, Mayor and City Council meeting, Interim City Manager Charles McNeely indicated to the Council that a more formal legislative affairs process would benefit both city staff, and the Council’s policy making process. Specifically, the Interim City Manager committed to holding a workshop to accomplish the following goals: 1. Establish an annual legislative process through which staff and the Mayor and City Council can collaborate on legislative actions for the upcoming legislative cycle. 2. Establish a process for the Mayor and City Council to offer amendments to the legislative platform. 3. Establish a process for the Mayor and City Council to propose projects for   Packet Pg. 58 1 0 7 8 consideration in annual budget request documents. 2021-2025 Strategic Targets and Goals The recommended actions align with the City’s 2021-2025 Key Targets including No. 1: Improved Operational and Financial Capacity, No. 2: Focused, Aligned Leadership and Unified Community, No. 3: Improved Quality of Life and No. 4: Economic Growth and Development. Fiscal Impact There is no fiscal impact associated with the recommended actions. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file a report on the City of San Bernardino Legislative and Regulatory Platform; and 2. Receive and file an update on the projects to be included in the City of San Bernardino FY 2023/2024 state and federal budget requests; and 3. Receive and file a report on the City’s state and federal legislative advocacy efforts in 2022; and 4. Ratify the FY 2023/2024 Assembly District Budget Request; and 5. Receive and file a draft itinerary for the 2023 National League of Cities Congressional City Conference. Attachments Attachment 1 2023 Legislative and Regulatory Platform (Draft) Attachment 2 FY 2023/2024 State Budget Request (Draft) Attachment 3 FY2021/2022 Legislative Advocacy Annual Report Attachment 4 FY 2023/2024 Assembly District Budget Request Attachment 5 2023 National League of Cities Draft Itinerary Attachment 6 Resolution No. 2018-117 Ward: All Wards Synopsis of Previous Council Actions:   Packet Pg. 59 1 0 7 8 November 17, 2021 Mayor and City Council adopted the 2021-2025 Key Strategic Targets and Goals September 15, 2021 Mayor and City Council adopted an amendment to the 2021 Legislative and Regulatory Platform April 7, 2021 Mayor and City Council adopted an amendment to the 2021 Legislative and Regulatory Platform November 18, 2020 Mayor and City Council adopted the 2021 Legislative and Regulatory Platform for the City of San Bernardino   Packet Pg. 60 CITY OF SAN BERNARDINO 2023 Legislative Agenda (Draft) The City of San Bernardino’s Legislative and Regulatory Platform guides City officials and staff in considering and rapidly responding to legislative and regulatory proposals introduced at the State and Federal levels based upon the City’s priority goals and objectives.   Packet Pg. 61 City of San Bernardino Page 1 City of San Bernardino LEADERSHIP /GOVERNANCE The City of San Bernardino is a Charter City operating under a council-manager form of government with an at-large, elected Mayor and seven Council Members elected by constituents in a specific ward. Each elected official serves a four-year term. The Mayor and Council appoint the City Attorney, City Clerk, and the City Manager. Serving as the City’s Chief Executive Officer, the City Manager has oversight responsibility for the departments of Community and Economic Development, Finance, Human Resources, Information Technology, Parks, Recreation and Community Services, Police, and Public Works. The City’s FY 2023/24 operating budget is $187.5 million, including 756 full-time employees. The City also operates a Library and Water Department which, by charter, are governed by separate oversight boards. Fire and rescue services are provided through the County of San Bernardino Fire District. Helen Tran Mayor Theodore Sanchez Council Member Ward 1 Sandra Ibarra Council Member Ward 2 Juan Figueroa Council Member Ward 3 Fred Shorett Council Member Ward 4 Water Board Sonia Carvalho City Attorney Charles McNeely City Manager Community and Economic Development Finance Administration/ General Government Human Resources Animal Services Information Technology Parks, Recreation and Community Services Police Public Works Genoveva Rocha City Clerk Library Board Ben Reynoso Council Member Ward 5 Kimberly Calvin Council Member Ward 6 Damon Alexander Council Member Ward 7   Packet Pg. 62 City of San Bernardino Page 2 C OMMUNITY PROFILE Located in the Inland Empire, which encompasses the Riverside-San Bernardino metropolitan area of Southern California, the City of San Bernardino is a community rich in history and cultural diversity. Today, the City of San Bernardino, which was founded in 1810, serv es as the county seat and is the largest city in the County of San Bernardino with a population of over 222,000, a total of 59,770 households, covering more than 62 square miles. Nearly 59 percent of households in San Bernardino (35,264 total) qualify as low-to-moderate-income, earning up to 80 percent of the Department of Housing and Urban Development (HUD) Area Median Family Income. San Bernardino is located approximately 60 miles east of Los Angeles, 120 miles nort heast of metropolitan San Diego, and 55 miles northwest of Palm Springs. For more than 100 years, the City of San Bernardino has been a major transportation link between the east and west coasts. With rail, freeway, two nearby International Airports, and the Port of Los Angeles within an hour’s drive, San Bernardino is the link to national markets, Mexico, and the Pacific Rim. In 2015, a Transit Center was opened, further connecting the City to more than 10 cities in a two-county area and provides access to transcontinental bus connections. The Metrolink commuter rail service, available at the Santa Fe train station, provides long distance transportation to commuters from the San Bernardino area to major centers of employment, such as downtown Los Angeles and Orange County. Further enhancing commuter connectivity, a new light rail program was recently completed extending service through San Bernardino to Redlands, California. The two San Bernardino stops are strategically located in the civic center and hospitality corridors. The two hospitals within the City limits, Community Hospital of San Bernardino and St. Bernardine’s Medical Center, are both state-of-the-art facilities. City residents also have access to the nearby Arrowhead Regional Medical Center and the world-renowned Loma Linda University Medical Center. With 38 parks, including 31 playgrounds and eight community centers, residents can enjoy playgrounds, swimming, youth sports, adult sports, senior activities, and special interest classes. The City’s menu of programs and services includes a public library system comprised of one main and three library branches that provide life-long learning to the world of ideas, information, and creative experience for all citizens of San Bernardino. Several highly regarded educational institutions are located within or in the nearby area. California State University, San Bernardino is located in the northwestern part of the City, and San Bernardino Valley College is located in the southwestern part of the City. The City is also home to the San Manuel Gateway College & Loma Linda University Health, an innovative new higher education resource that integrates training programs in health careers with clinical experience. Other attractions in San Bernardino include the McDonald’s Museum, which is located on the original site of the world’s first McDonald’s, California Theatre, and the San Bernardino Mountains. In addition, the City is home to the Los Angeles Angels farm club, the Inland Empire 66ers minor league baseball team.   Packet Pg. 63 City of San Bernardino Page 3 LEGISLATIVE AGENDA (DRAFT) IMPROVED OPERATIONAL & FINANCIAL CAPACITY The City is committed to developing a sustainable financial strategy that creates stability and allows the City to reinvest in operations and infrastructure. In these efforts, the City will support legislation that secures local government funding sources such as pro perty taxes, sales tax, transient occupancy taxes, and grants. The City will oppose legislation that creates unfunded mandates and legislation that eliminates or diverts local revenues. FOCUSED, ALIGNED LEADERSHIP AND UNIFIED COMMUNITY The City supports programs that promote community engagement and strengthen the City’s neighborhoods. The City will support measures that provide for workforce development, education and vocational training programs that meet the needs of the business community, improve job opportunities for residents, and enhance regional education and job training programs. IMPROVED QUALITY OF LIFE The City is committed to developing programs that enhance emergency response, reduce crime, and ensure neighborhoods and business areas are safe. As such, the City will support legislation and seek funding that strengthens law enforcement’s efforts to prevent and reduce crime and will help to contribute to emergency response and preparedness. The City supports regional initiatives to reduce and prevent homelessness as well as regional efforts to obtain State and Federal funding for mutually beneficial projects, facilities, and shared resources. The City will oppose reductions in Federal and State funding for public safety programs as well as legislation and regulations that limit or preempt local control. ECONOMIC GROWTH AND DEVELOPMENT The City is dedicated to building a vibrant and sustainable local economy that allows for business development and job creation. To achieve these goals and objectives, the City will support legislative actions and funding that encourage economic development and provide the tools and resources needed for business growth and investment. The City will oppose measures that restrict the City’s ability to provide for local economic development or create disadvantages for businesses at the local and state levels. The City’s infrastructure has a direct impact on the quality of life in the City for both residents and the business community. As such, the City is committed to maintaining, improving and developing the City’s infrastructure including housing, parks, roads, bridges, sidewalks, bicycle lanes, storm drains, streetlights, traffic signals, water and wastewater systems, as well as public transportation systems. The City will support legislation that provides funding and support to meet the infrastructure needs of the community, including transit-oriented housing. The City will oppose legislation that removes or reduces funding that would impact infrastructure projects or public transportation.   Packet Pg. 64 City of San Bernardino Page 4 HOUSING AND ECONOMIC DEVELOPMENT Affordable Housing: The City of San Bernardino has several attributes that make it an attractive location for affordable housing development, including easy access to multimodal public transportation and surplus land that can be used for development. The City is committed to promoting infill development and increasing its affordable housing inventory. On June 1, 2022, the City Council approved an Exclusive Negotiating Agreement (ENA) to develop affordable housing on four acres of land in the downtown area, potentially allowing up to 120 affordable housing units to be built. Furthermore, the City Council declared 42 City-owned properties as Surplus Land on November 16, 2022, where it will publish a notice of availability for the purpose of developing low-income and moderate-income housing. Increased homeownership can transform the lives of many City residents by promoting stability and helping households build wealth over time . This is especially important as many City residents face a higher-than-average housing burden. Action: The City will support policies and funding for infill housing projects. The City will also support the expansion of funding for fair and equitable affordable housing, as well as regulations that promote fair and equitable housing for the most vulnerable, low-income households, including the elimination of barriers in the planning processes and regulatory frameworks that negatively impact the availability and development of affordable housing projects. Action: The City will support Homeownership Initiatives that provide financial assistance and programs to help homebuyers overcome barriers to homeownership, including grants and loans to help with down payments, credit repair programs, and funds to develop additional workforce housing that can be sold to low-to-moderate-income residents. Regional Housing Needs Assessment (RHNA): The City of San Bernardino is home to a number of highly regarded educational institutions including California State University, San Bernardino with over 19,000 students and San Bernardino Valley College with over 17,000 students that must be included in the City’s affordable housing plan. At present, State law does not allow the housing needed to support the City’s student population to be counted towards the City’s affordable housing requirements. Given the unique needs of the City’s student population, consideration should be given to the inclusion of “student housing” whether it be dormitories, single room occupancy (SROs), or similar housing types in the City’s RHNA allocation. Because this circumstance applies to only a handful of jurisdictions, the Southern California Association of Government (SCAG) recommends that housing needs generated by public or private universities and colleges be addressed in the jurisdiction’s housing element if it is applicable. However, it is not clear if HCD will accept this category of housing as it evaluates a local jurisdiction’s draft Housing Element and if such housing will be acceptable and counts towards the jurisdictions RHNA allocation.   Packet Pg. 65 City of San Bernardino Page 5 Action: The City will advocate for policies and regulations that allow “student housing” whether it be dormitories, single room occupancy (SROs), or similar housing types to be a qualified component of RHNA compliance requirements and to allow the production of student housing over the previous five (5) years to be applied towards this cycle’s allocation. Transit Oriented Development (TOD): The City of San Bernardino is home to the San Bernardino Transit Center (SBTC), connecting the City to more than 10 cities in a two-county area and providing access to transcontinental bus connections. This includes the bus rapid transit (BRT) service referred to as sbX. The SBTC site includes two acres of land and up to 150,000 square feet of potential transit-oriented development in the form of mixed-use with higher density urban housing as a component. Action: The City of San Bernardino will support legislation, policies, and funding that links the development of housing with improved public transit systems, local infrastructure, and associated public services. The City will also support legislation, policies, and funding for street improvements designed to enhance foot, bicycle, and public transportation utilization in urban environments. Legislation, policies, and funding must avoid a one-size- fits-all approach and recognize the differences in regional and local community characteristics and demographics. Economic Development: The dissolution of redevelopment agencies in 2012 statewide has left local governments, including the City of San Bernardino, without the funding needed to invest in economic development efforts. Moreover, local funding for the creation of affordable housing was also eliminated through this action. City projects include former Redevelopment Agency projects such as the Carousel Mall (formerly the Central City Mall) occupying 44 acres of the City’s downtown, which will require demolition of approximately four commercial blocks. The Mall included three major anchors and 52 in-line stores with at grade and structured parking. Action: The City will support legislation and policies that support economic development investment in projects such as the Carousel Mall project, including demolition, environmental testing, clean-up, and infrastructure upgrades. Action: The City will support measures that restore or enhance tax increment financing to provide resources for local jurisdictions. The City will also support changes to legislation related to Community Revitalization & Investment Authority (CRIA) and Enhanced Infrastructure Financing Districts (EIFDs), which make it easier and more effective to establish and administer these tools. Action: The City will support grant funding opportunities, legislation, and regulatory policies that support projects outlined in the City of San Bernardino Investment Play book:   Packet Pg. 66 City of San Bernardino Page 6 https://www.sbinvestmentplaybook.com Action: The City will support efforts by the San Bernardino Airport Authority to pursue legislation, state budget funding, or regulatory changes enhance the quality of life and economic development opportunities for residents of the City San Bernardino. Homelessness Transitional and Permanent Supportive Housing: According to the last point-in-time count conducted by the County of San Bernardino, the City of San Bernardino is home to over 25% of the unsheltered homeless individuals in the County. Unsheltered in dividuals navigate a myriad of health, socio-economic, and environmental challenges that have a significant impact on their well-being and the communities in which they reside. Addressing these complex issues requires a collaborative approach between government, non-profits, and the private sector. The City is committed to assisting in the development of an effective regional approach to addressing homelessness, including partnering with local housing providers to invest in and develop transitional and permanent supportive housing. Efforts include strengthening existing programs and services; continued engagement and participation in the County’s Interagency Council on Homelessness; and providing for supportive services to ensure these members of our community can become permanently housed. Action: The City supports regional initiatives to reduce and prevent homelessness, as well as regional efforts to secure State and Federal funding for mutually beneficial projects, facilities, and shared resources. The City will support legislation and initiatives that provide funding for permanent supportive housing for homeless indiv iduals along with the wrap-around services needed to assist these individuals to become permanently housed. Additionally, the City will support programs that assist with monitoring and evaluating the progress of individuals in these programs to ensure they are receiving the treatment and assistance they need. Transportation and City Infrastructure Highways: The Interstate 215 (I-215) is a 54.5-mile-long north-south Interstate Highway in California. The southern terminus of I-215 is at the junction of Interstate 15 (I-15) in the City of Murrieta in southern Riverside County. It then runs north through Perris before joining State Route 60 (SR 60) in Moreno Valley. The I-215 splits from SR 60 at the State Route 91 in Riverside, where it then travels to San Bernardino before terminating at I -15 near the small community of Devore. From 2011-2012, six miles of the I-215 were widened from two lanes to three lanes in each direction from Murrieta Hot Springs Road in Murrieta to Scott Road in Menifee. Today, the segment between the I-15/I-215 “Devore junction” and San Bernardino is the only corridor of the I-215 that has two lanes in each direction. The absence of a third   Packet Pg. 67 City of San Bernardino Page 7 lane in both directions creates significant congestion on this stretch of the I -215, which is an issue since it is one of the major gateways in California for the logistics industry. Action: The City will support legislation and policies that increase funding for highway expansion projects with regional or subregional benefits needed to adequately support the growingInland Empire metropolitan area of Southern California. Streets and Roads: The City of San Bernardino has 621 miles of streets and roads, which requires substantial resources to be devoted towards repairs and repaving. Independent pavement management engineers rated more than 80% of the roads in San Bernardino as either poor or very poor. The cost associated with rehabilitating all of the City’s streets up to established standards are estimated at more than $210 million , not accounting for costs related to expansion of roadways or improvements in pedestrian paths. The City receives an average of $3.7 million annually in funding allocated through the State’s road maintenance and rehabilitation program (SB 1), which is combined with an additional $1.6 million annually in local transportation funds. While these funds are fully programmed on an annual basis for street rehabilitation projects, they are not sufficient to address the City’s existing roadway improvement needs. Action: The City will support legislation and policies that increase funding for streets and roadway projects needed to adequately support current and future growth, particularly in disadvantaged communities. Storm water Infrastructure: The City is responsible for the maintenance and operation of storm water infrastructure in compliance with the requirements established under the 2010 Municipal Separate Storm Water Sewer System (MS4) permit. This order regulates waste discharge requirements for the discharge of urban storm water from areas of San Be rnardino County within the Santa Ana Region to U.S. waterways. The requirements established under the current storm water system regulations have placed a significant financial burden on cities without any offsetting revenue. In order to comply with current mandates, the City’s storm water infrastructure must be retrofitted with trash capture devices in areas of high density. The repair, replacement, and expansion of storm drain infrastructure throughout the City are needed to support current and future development. Storm water infrastructure improvements are supported solely by development impact fees or general fund appropriations. Action: The City will support policies and programs that provide funding for the planning, construction, operation and maintenance of storm water and flood control projects. Public Facilities: The City has a backlog of over $250 million dollars in facility maintenance and repairs needed to bring our public facilities up to current standards. This includes the City Hall campus buildings, parking structures, libraries, community centers, and the animal shelter.   Packet Pg. 68 City of San Bernardino Page 8 The City Hall facility, located in a high seismic activity zone, is not designed to meet modern seismic building standards. The building has several deficiencies that need to be addressed, including seismic retrofitting and systems replacements, with estimated costs in excess of $40 million. While the City has been able to program Community Development Block Grant (CDBG) funding to address the most urgent facility improvement needs in many of the City’s CDBG eligible libraries and community centers, funding for general government facilities is not readily available. Action: The City will support legislation and programs that provides funding for general facility rehabilitation and improvements, in addition to supporting community libraries, community centers, and animal shelter services. Action: The City will oppose any efforts to eliminate or cap the tax-exempt status of municipal bonds (including Private Activity Bonds), or any other action that reduces the utility of using important financing mechanisms to fund public improvement projects. Parks and Open Spaces: The City has 38 community parks, including 31 playgrounds and eight community centers spread over more than 62 square miles. Many of the City’s older parks and facilities are in need of renovation, including the addition of active park services, such as soccer fields, to meet community demand. Action: The City will support legislation and policies that provide funding for local governments to support parks and recreation programs that enhance the quality of life for City residents. The City will support programs that provide funding for the rehabilitation, development and capital improvements of local parks and community facilities. The City will support efforts to ensure that recreational utility, amenities, condition, and the availability of improved outdoor space are considered as key factors in assessing the need for funding. The City will also support policies and programs that provide the funding needed to renovate public recreation facilities to conform to Federal Americans with Disabilities Act (ADA) regulations. Broadband: Broadband access is viewed by cities nationwide as an important factor in lowering business costs, improving productivity, attracting businesses, retaining highly skilled residents, and creating sustainable jobs in economies fueled by entrepreneurship, i nnovation, and creativity. Given the increasing importance of accessing the internet for everyday life, the City wishes to enhance its information and technology services to better meet the needs of residents and businesses. Action: The City is supportive of any efforts to expand high speed, high-capacity broadband funding. The City supports federal and state legislation preserving the City’s interest in telecommunication, broadband, and infrastructure operations and opposes efforts to restrict cities’ authority to zone and plan for the deployment of telecommunications infrastructure.   Packet Pg. 69 City of San Bernardino Page 9 Green Infrastructure: California is increasingly suffering from climate-related burdens due to healthy and vulnerable populations lacking the resources to adequately prepare for, respond to, or recover from climate impacts. Low-income communities with high minority populations, such as the City of San Bernardino, lack the resources and investments needed to build community climate resiliency. The City is highly susceptible to the threat of wildfires, where the northern sections of the City are located in Tier 2 and Tier 3 of the California Public Utility Commission’s High Fire Threat Districts, and the City also suffers from low air quality due to ozone pollution. Based on the latest CalEnviroScreen data, the City’s average ozone pollution exposure is higher than 99.8% of other California census tracts, contributing to higher levels of asthma and lung disease. Action: The City will support policies and funding to prepare for the impacts of climate change, including sustainable planning and development policies, programs, and funding that reduce greenhouse gas emissions, vehicle miles traveled, and pollution. The City also supports funding and legislation that facilitates an equitable transition to zero-carbon forms of energy use, transportation, and green infrastructure. Quality of Life Library Services: The City operates a central library and three branch libraries that provides the community with free access to information and creative experiences. The City’s library network offers access to 62 free internet public computers, free Wi-Fi, and various electronic resources. Approximately 95 percent of local library funding comes from lo cal governments and the remaining 5 percent comes from state and federal sources. State and federal funding is needed to support services such as e-resources, material delivery, and internet connectivity. Action: The City will support legislation and increases in funding for library services and facilities. The City will oppose legislation and decreases in funding that reduce library services. Public Safety and Emergency Response: The City is committed to developing programs that enhance emergency response, reduce crime, and ensure neighborhoods and business areas are safe. Action: The City will support legislation and seek funding that strengthens law enforcement’s efforts to prevent and reduce crime and will help contribute to emergency response and preparedness. The City will oppose reductions in Federal and State funding for public safety programs, as well as legislation and regulations that limit or preempt local control. Action: Additionally, the City will seek funding for emergency management and disaster planning training, as well as funding to establish and operate a fully capable Emergency Operations Center.   Packet Pg. 70 City of San Bernardino Page 10 Commercial Cannabis: The City supports the operation of permitted commercial businesses. In order to ensure that legal cannabis businesses are able to operate and remain competitive in the marketplace, the City seeks the State’s assistance in its enforcement efforts against illegal/unlicensed cannabis operations. The City supports State restrictions on the marketing of cannabis products to children and young adults. Action: The City will support legislation and regulations that promote legal operators and assist with enforcement efforts against illegal cannabis operations. The City will also support legislation and regulations that ensure that cannabis or cannabis products are not marketed in a manner that encourages underage consumption. Access to Higher Education Higher Education Resources: The City supports efforts to ensure access to quality higher education to elevate the quality of life for residents throughout the Inland Empire generally and in the City of San Bernardino specifically. Ensuring higher education access also assists the City’s economic development efforts by encouraging private investment in the high-quality jobs, housing, and services that our community desires and deserves. This effort requires an equitable allocation of state resources into thehigher education institutions located within the City and adjacent communities, as well as legislative and budget commitments that ensure adequate student housing, access to transportation, and other basic needs. With just two public four-year degree granting institutions, the 4.6 million residents of the Inland Empire have limited options for attending public four-year degree granting institutions. While the two universities, the University of California, Riverside (UCR) and California State University, San Bernardino (CSUSB) provide outstanding educational resources, both are impacted, compelling local residents to either commute outside the metropolitan area to attend a public university (e.g., CSU Fullerton, Cal Poly Pomona) or choose a more expensive private university option. Furthermore, nearby schools in the CSU system already grapple with overcrowding themselves and therefore may not be feasible alternatives. All of these issues represent obstacles to higher education for an already underserved population. Employers throughout the Inland Empire consistently express concern about the pool of qualified applicants for job openings, including those holding degrees from four-year universities, making educational attainment an area of concern as the region's economy matures and diversifies. The skills gap is particularly pronounced for employers needing people with skills gained from education in science, technology, engineering, and mathematics (commonly referred to as STEM) fields. Evidence of the important role higher education plays in the economy is the retention rate of college graduates (i.e., graduates who remain in the community as opposed to those who leave the area). For example, a recent study found that Riverside County has one of the   Packet Pg. 71 City of San Bernardino Page 11 highest retention rates in the United States, at approximately 71%, suggesting that there is a great deal of opportunity available for college graduates. Conversely, the percentage of the Inland Empire’s population that holds at least a bachelor’s degree is considerably lower than the statewide average. One available conclusion from this data is that the number of slots available for prospective college students is lower than that which is necessary to provide for the needs of the region's economy. First generation college students are common at the County's various colleges and universities. For instance, CSUSB has a remarkable track record for enrolling first-generation students, who comprise approximately 85% of the student body. Likewise, UCR has been noted for the important role it plays in providing access to first generation enrollees. First - generation students comprise about 65% of new and continuing UCR students, compared to 34% nationally. Action: The City will support state and federal investment into public university campuses that serve the Inland Empire region, including expanded student access to specialized programs, housing, and resources to ensure students’ basic needs are met. Action: The City will support state and federal funding and initiatives that expands access to higher education through the development of satellite campuses in urban areas , such as in downtown corridors or other locations with multimodal transit access. Action: The City will support efforts by local institutions of higher education in pursuing legislation, state budget funding, or regulatory changes that improve the quality of life for students in San Bernardino, or expand access to services, programs, housing, or workforce development opportunities.. Sales and Use Tax Local Tax Revenue: Sales and use tax plays a major role in California’s tax system as a whole, for the state’s cities and counties, and for the City of San Bernardino, representing more than a quarter of the City’s general fund budget. This critical revenue source helps to fund a variety of city-provided services to our constituents, including public safety, streets and roads, libraries, and parks. Further, the City is committed to developing a sustainable financial strategy that creates stability and allows the City to reinvest in operations and infrastructure. Action: In order to ensure budget stability and predictability, and that the City has the necessary resources to mitigate environmental and infrastructure impacts of business activity, the City will oppose legislative efforts to redirect sales and use tax revenues away from communities that host certain types of businesses, including fulfillment and distribution centers. Also, the City will oppose legislation that creates unfunded mandates and legislation that eliminates or diverts local revenues. The City supports existing   Packet Pg. 72 City of San Bernardino Page 12 constitutional protections ensuring that local sales and use tax revenues remain local, and that bar the Legislature from reallocating such revenues.   Packet Pg. 73 2 1 2 7 CITY OF SAN BERNARDINO Budget Requests FY 2023/2024 CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401   Packet Pg. 74 2 1 2 7 City of San Bernardino H.O.P.E. (Homeless Outreach Prevention and Education) Campus   Packet Pg. 75 2 1 2 7 The City of San Bernardino has the highest concentration of homeless individuals within the County. According to the 2022 Point in Time Count, the rate of homelessness has risen 175% since 2017. The City has a strategic initiative in place to address the urgent issue of homelessness and is seeking funding to assist in construction and help sustain operations. On December 7, 2022, City Council approved the campus, and cleared way for the development of a 200-bed, low barrier, non-congregate navigation center that will provide interim housing for men, women & families as well as onsite supportive services which will include the following components: The Navigation Center: The campus will focus on immediate shelter/interim housing with onsite supportive services. Each housing unit will be constructed with high rated materials that are fire resistant and durable. The living space will be designed to instill a sense of safety, security, and dignity. The City acquired a 2.48-acre property formally known as the “School of Hope”, which will house the navigation center. The City recently accepted a bid for an architectural evaluation to determine the structural soundness of existing buildings and to identify the number of prefabricated modular units that can be incorporated to provide interim housing for men, women, and families. Exact cost to complete the navigation center will not be known until the architectural evaluation is complete, but the project is estimated at $23 million.   Packet Pg. 76 2 1 2 7 Transitional Housing: The second phase of the campus will focus on transitional housing providing an extremely important pathway for people to exit the shelter into a stable environment while they wait for permanent housing. The transitional housing development will also be constructed with high-rated prefabricated modular units for quicker construction and cost savings. People can typically reside in transitional housing for two years. The City is confident it can close the funding gap regarding Phase I, the Navigation Center, however there is still $6.54 million dollars gap to complete Phase II, the transitional housing project. San Bernardino H.O.P.E. (Homeless Outreach Prevention and Education) Campus 2 Phase Cost Estimates •Phase 1, Navigation Center $23,000,000 •Phase 2, Transitional Housing Units (36) $6,540,000 Total $29,540,000 City of San Bernardino Funding Commitments: The City has committed a total of $21 million dollars towards the construction and operation of the campus: o $12 million in ARPA funds for construction. o $4.5 million in HOME ARP for construction. o $4.5 million in ARPA funds for operations.   Packet Pg. 77 2 1 2 7 The City is exploring additional funding sources to help offset campus construction cost: o Local partnerships (i.e., County of San Bernardino, local non-profits, Higher Education, Health Organizations) o PLHA o CDBG o HHAP o ESG Additional Note: The City is currently pursuing Encampment Resolution Funds (ERF) and will be a co-applicant with Lutheran Social Services of Southern California and San Bernardino Valley College (SBVC) on Project Homekey Round 3. Encampment Resolution Funds do provide operational funding to some extent but given that our proposed City of San Bernardino Navigation Center will directly and indirectly support unsheltered individuals throughout the region, the need for additional construction and on-going operational funds far exceeds what is available through Project Homekey grant funding. San Bernardino Regional Animal Shelter In 2021, the City of San Bernardino demolished its antiquated animal shelter and temporarily replaced it with modular buildings, with plans to build a permanent shelter and veterinary care facility. The need for a comprehensive shelter to serve not only San Bernardino, but the regions cities is acute. The lack of low- cost veterinary services in the San Bernardino area continues to impair the ability for residents to comply with the requirement to spay/neuter their dogs or to get basic care for their pets. Currently, pet owners must wait months to schedule a   Packet Pg. 78 2 1 2 7 spay/neuter appointment for their pet, leading to accidental pregnancies and unwanted litters of puppies. Neighboring cities currently contract animal shelter services to neighboring counties because there is currently no local alternative for them in the area. Building a centrally located, state-of-the-art facility will expand needed services and capacity for San Bernardino and other nearby cities in the region, increasing the ability for residents to adopt pets, access services, and locate lost pets. New Animal Shelter estimated cost $63M. The project has four primary phases. Additional Funding Commitments: The San Manuel Band of Mission Indians, a longtime supporter of the care and adoption of animals, has committed $500,000 toward the new shelter. San Bernardino Regional Animal Shelter 4 Phase Cost Estimates •Phase 1, Preliminary and final design $4,170,000 •Phase 2, Plan check and final cost estimating $500,000 •Phase 3, Bidding, and award $100,000 •Phase 4, Construction (Detailed Breakdown Below) $58,146,794 Total $62,916,794 San Bernardino Regional Animal Shelter Detailed Construction Estimates 1. Site Improvements $4,000,000 2. Public and Staff areas (Adoption, Intake, staff and support spaces) $7,420,688 3 Cattery $2,020,500 4. Dog Kennels (6 separate buildings) $10,231,200 5. Veterinary Services (Includes forward facing clinic) $3,786,930 6. Barnyard $880,000 7. Exterior Covered Spaces (All buildings/areas) $7,681,000 8. Professional Soft Costs $5,619,170 9. Fixtures, Furniture & Equipment $ 4,754,682 10. Owner Contingency $4,332,438 11. Permitting/Fees $216,122 12. Inflation/Pricing Contingency $3,602,032 13. Phasing/Allowance $3,602,032 TOTAL $58,146,794   Packet Pg. 79 2 1 2 7 San Bernardino City Hall Project San Bernardino City Hall is one of the earliest examples of the glass skin architecture style developed by world famous architect César Pelli. Designed in 1969 and completed in 1973, the building is an important historical representation of the architectural style of the late 1960s and early 1970s. Local residents and visitors regularly use the building as a backdrop for photos. The building is no longer suitable for occupation due to seismic instability and the need for significant system upgrades. As a result, since 2017 city staff have been relocated to multiple leased facilities, resulting in operational inefficiencies and ongoing difficulties for residents and businesses seeking services. The City of San Bernardino is evaluating options for funding the full cost of renovations, which is estimated to be approximately $91 million. The full design for City Hall renovation is estimated to cost $10.8M   Packet Pg. 80 2 1 2 7 Historic California Theatre Renovation The California Theatre opened in 1928 and has hosted the San Bernardino Symphony since 1929. It houses one of the few remaining Wurlitzer pipe organs in the world, which is original to the theatre. The legendary theatre was the location for screening of such famous films as “King Kong,” and “The Wizard of Oz,” and it was the site of Will Rogers’ last performance before his tragic death in 1935. The City of San Bernardino has been working to renovate this historic building with local and other funds. The State of California provided $2.5 million, which enabled the city to plan investments in new HVAC, structural upgrades and building aesthetics. Phase 2 of the renovations includes replacing the electrical system, the sound and lighting systems, repainting the entire interior, replacing carpeting, and making improvement to the alley outside. For San Bernardino, a performing arts facility like the California Theater is essential to keeping residents connected with music, theatrical, dance and cultural performances. Phase 2 of the California Theatre is estimated to cost $4.5M   Packet Pg. 81 December 13, 2022 To: Honorable Mayor and Councilmembers, City of San Bernardino From: Hurst Brooks Espinosa, LLC Re: 2022 Year-End Report The team at Hurst Brooks Espinosa, LLC is proud to share with you a report on our advocacy activities on behalf of the City of San Bernardino for 2022. We greatly appreciate the opportunity to work with you and your team to improve the quality of life for the residents of the City through efficient and effective programs and services. Our goal has been to elevate the engagement of the City in policy and budget matters with your legislative delegation, state agencies and departments, and the Governor’s Office through our advocacy efforts. What follows is a summary of our work on the City’s behalf over the past year. Legislation of Interest At the direction of City staff, HBE drafted letters in support and opposition to legislation, processed bill letters, and testified in relevant legislative policy committees on the measures summarized below: AB 1623 (Ramos): Personal income taxes: exclusion: uniformed services retirement pay: survivor benefit plan payments. City position: SUPPORT Outcome: Held in Assembly Appropriations Committee AB 1623 would have excluded, for taxable years beginning on or after January 1, 2023, and before January 1, 2033, uniformed services retirement pay and annuity payments from a United States Department of Defense Survivor Benefit Plan received by qualified taxpayers during the taxable year from gross income under the Personal Income Tax (PIT) Law. AB 1740 (Muratsuchi): Catalytic converters. City position: SUPPORT Outcome: Signed by the Governor AB 1740 prohibits a core recycler from entering into a transaction to purchase or receive a catalytic converter from any person that is not a commercial enterprise or verifiable owner of the vehicle from which the catalytic converter was removed.   Packet Pg. 82 2 AB 1881 (Santiago): Animal welfare: Dog and Cat Bill of Rights. City position: OPPOSE Outcome: Died on Senate Inactive File AB 1881 would have required each public animal control agency, shelter, or specified rescue group to provide a notice related to essential needs and care for dogs and cats and established penalties for non-compliance. AB 1951 (Grayson): Sales and use tax: exemptions: manufacturing. City position: OPPOSE Outcome: Vetoed by the Governor AB 1951 would have expanded, for a five-year period, the existing partial sales and use tax (SUT) exemption for manufacturing and research and development (MR&D) to a full exemption until January 1, 2028. This change would result in substantial revenue loss to local governments, which impacts essential health, safety, welfare, and transportation services. AB 2237 (Friedman): Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. alternative planning strategy: state transportation funding. City position: OPPOSE Outcome: Held in Senate Transportation Committee AB 2237 would have conditioned state and local transportation funding on a project's consistency with the applicable Sustainable Communities Strategy (SCS) and state climate goals. AB 2407 (O’Donnell): Vehicle tampering: theft of catalytic converters. City position: SUPPORT Outcome: Held in Senate Appropriations Committee AB 2407 would have required a core recycler who accepts a catalytic converter for recycling to report the information in the specified written record to the chief of police or to the sheriff; additionally would have prohibited a core recycler form providing payment for a catalytic converter unless the recycler obtains a thumbprint of the seller and required the recycler to maintain that thumbprint for a period of two years after the date of the sale; and would have required a core recycler to request to receive theft alert notifications regarding the theft of catalytic converters in the core recycler’s geographic region from the theft alert system. SB 1186 (Wiener): Medicinal Cannabis Patients’ Right of Access Act. City position: OPPOSE Outcome: Signed by the Governor SB 1186 prohibits local governments, beginning January 1, 2024, from banning, or effectively banning, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions, enforceable through an action for writ of mandate.   Packet Pg. 83 3 SB 1449 (Caballero): Office of Planning and Research: grant program: annexation of unincorporated areas City position: SUPPORT Outcome: Vetoed by the Governor SB 1449 would have required the Governor’s Office of Planning and Research (OPR) to establish the Unincorporated Area Annexation Incentive Program, upon appropriation of funds by the Legislature, to provide grants to cities to fund projects related to the annexation of unincorporated islands. In addition to active advocacy on the measures described above, HBE monitored and reported on dozens of other bills of interest to the City. 2022-23 State Budget In addition to regular summaries and reporting on various items discussed among the Administration and the Legislature during debates on the 2022-23 state budget, HBE communicated on a variety of budget requests to the City’s legislative delegation, including funding for Seccombe Lake Park improvements and the Lutheran Social Services San Bernardino Community Wellness Campus. HBE assisted in preparing materials for the City to present to its legislative delegation, fielded questions, and advocated for resources for City-sponsored projects with the legislative delegation through the budget season. In addition, we communicated the City’s support for $2.5 million in one-time funding for the City of San Bernardino Police Department to engage in community relationship building, as requested by Assembly Member James Ramos. Engagement with City Delegation Members and Staff HBE regularly engaged in communication with the City of San Bernardino legislative delegation and their respective staffs. In addition to sharing bill position letters and budget requests, we responded to inquiries, met with members and staff regarding the City’s legislative priorities, scheduled and supported council member meetings with legislators, and shared information with legislative staff upon request of City staff. In addition, we responded to legislative staff inquiries by connecting them with the appropriate City staff or securing answers to their questions directly. We also engaged with the Inland Empire Caucus of the Legislature to ensure that they understood the City’s priorities and that the City understood theirs. Finally, we secured legislative support for the Roosevelt Bowl Restoration funding request to Congress. Engagement with State Agencies At the City’s request, HBE connected with the Housing and Community Development Department, along with legislative leadership, to help facilitate communication and problem-solving regarding the Emergency Rental Assistance Program (ERAP). These efforts hopefully secured successful outcomes for individuals in need to receive rental assistance made available by the state and federal governments. Engagement with Advocacy Partners HBE was actively communicating with other legislative advocates representing cities and counties that shared legislative goals with the City. Primarily, we participated in weekly “city caucus” meetings hosted by League of California Cities to discuss legislative matters of mutual interest, share information, and collaborate on advocacy efforts.   Packet Pg. 84 4 In addition, HBE participated in regular meetings with city managers discussing League of California Cities’ efforts to address cities’ sales tax allocation concerns and stayed in close communication with relevant staff at the League of California Cities to monitor activity on this priority issue. Our Services As part of our regular service to HBE clients, we have provided weekly policy updates during the legislative session (and on a less frequent basis when the Legislature is out of session), in addition to our comprehensive and timely summaries of the Governor’s Proposed 2022-23 Budget, May Revision, and the adopted 2022-23 State Budget. We have also shared bill reports of introduced measures of potential interest to the City, as well as reports of bills carried by members of the legislative delegation. This Spring, we were privileged to be invited to visit the City for meetings with department heads and council members. HBE participated in meetings with Investment Playbook consultants and advised as to how to communicate the outcome of this effort to the Newsom Administration and members of the Legislature. Finally, we prepared quarterly lobbying activity reports as required by the Secretary of State and worked to connect city staff with community partners, as requested. In conclusion, we are pleased to have worked in collaboration with and on behalf of the City of San Bernardino team.   Packet Pg. 85 Assembly Budget Request Proposal Form City of San Bernardino H.O.P.E. (Homeless Outreach Prevention and Education) Seeking Operating Cost Assistance for San Bernardino’s Comprehensive Homeless Navigation Center Total Amount Requested: $4.5 million Summary of Request: The City of San Bernardino is the epicenter of San Bernardino County’s homeless emergency, with the highest concentration of homeless individuals within the County. Over 40% of the County’s homeless reside within the city limits. According to the 2022 Point in Time Count, San Bernardino’s number of homeless has grown 175% since 2017. In recent months, the City has taken the following steps to address this urgent situation: 1) In November 2022, the City Council approved a comprehensive Homeless Action Plan, which outlined multiple near and medium-term projects and programs for the City to undertake. 2) In December 2022, the City Council allocated over $24 million in City funds to begin implementation of the Homeless Action Plan. 3) In February 2023, the Mayor and City Council declared a homeless state of emergency in the City of San Bernardino. San Bernardino H.O.P.E. (Homeless Outreach Prevention and Education) Navigation Center One of the first elements of the Action Plan is the creation of a comprehensive Navigation Center. The Center will centralize supportive services for homeless and individuals at risk of becoming homeless in a one stop shop format to ensure that most services are easily accessible in a single, low barrier location. The Center will also include 200 units of critically needed emergency and interim housing for men, women & families. The Navigation Center’s onsite supportive services will include the following:  Intake Services and Assessments  Individualized Case Management   Packet Pg. 86  Housing Navigation  Medical Care  Mental Health Services  Substance Abuse Counseling  Job Training and Placement  Homeward Bound/Family Reunification  Assistance with Vital Documents (i.e., birth certificate, Social Security Card, California ID Card, Driver’s License,)  Mailbox and Storage Access  Pet Housing and Care The City is close to completing the acquisition of a 2.48-acre property on 6th Street formally known as the “School of Hope” that is currently owned by the City’s Water Department. The site will house the Navigation Center as part of Phase I of the project. The City recently awarded a contract for an architectural firm to create a final design of the campus. While the exact cost to complete the navigation center has not been finalized, the project estimate is $23 million. Because much of the facility will incorporate high-rated prefabricated modular units, the anticipated time frame for the project to become operational is expected to be only 12-18 months. While most of the funding for capital costs has been committed by the City, partner agencies, and other external sources, near term operational funding assistance is needed to ensure that the facility is fully operational when the construction is complete. Operational Funding Needs It is estimated that $3 million will be needed annually to operate the navigation center.  The City has committed $4.5 million to fund 50% of operations annually for the first three years ($1.5 million per year).  The resulting operational shortfall ($4.5 million) needs to be filled to ensure the timely launch of the Center during a time of a homeless emergency. The City is exploring additional operational funding opportunities from grants and program partners for future years. However, many alternative funding sources are subject to annual approval and budget cycles and not likely to be in place by the time the Center is set to open. These potential funding sources include: o County of San Bernardino o PLHA o CDBG o HHAP o ESG   Packet Pg. 87 Why Couldn’t this request be funded through Project Room Key Funds? The City of San Bernardino is currently pursuing Encampment Resolution Funds (ERF) from the State and will be a co-applicant with Lutheran Social Services of Southern California and San Bernardino Valley College (SBVC) on Project Homekey Round 3. Encampment Resolution Funds do provide operational funding to some extent, but given that our proposed City of San Bernardino Navigation Center will directly support unsheltered individuals in San Bernardino, and indirectly support unsheltered individuals throughout the region, the need for on-going operational funds far exceeds what is available through Project Homekey grant funding. Who would be the local administrator of this request? The City of San Bernardino Do you have a state department in mind to administer these funds? The Housing and Homelessness Division (HHD) is within the California Department of Social Services (CDSS). Please attach any relevant background information. A program brochure and associated project overview presentation is attached. Contact: Cassandra Searcy Deputy Director Housing & Homelessness City of San Bernardino – Community & Economic Development 201 North E Street San Bernardino, California 92401 909.384.7270 Searcy_Ca@sbcity.org   Packet Pg. 88 NEXT STEPS The City will continuously pursue funding sources The City will construct a State Approved modular facility/campus The City will issue a competitive RFP (Request for Proposal) for lead operators and developer The City will continue to form strategic partnerships FUNDING SOURCES -Home Key -PLHA -CDBG -ESG -ARPA -HOME-ARP -HHAP CAMPUS COMPONENTS Help Obtain Vital Documentation Pet Kennel Income Stability Homeward Bound Job training/placement Mental Health Services Substance Abuse Recovery Storage Lockers Housing Navigation Case Management Mailboxes Sevrices CITY OF SAN BERNARDINO H.O.P.E (Homeless Outreach Prevention & Education) CAMPUS City of San Bernardino Cassandra Searcy 909 384-7270 Searcy_Ca@sbcity.org 201 North E Street San Bernardino, CA 92401   Packet Pg. 89 595 Total Shelter Beds Needed 253 Active Shelter Beds WHAT'S NEEDED? Citywide Database Homeless/Street Outreach Navigation and Recuperative Care Center Project Homekey (Round 3) Investment in affordable housing for (low & very low income) HOMELESS DATA 2018-2022 HOMELESS SOLUTIONS CAMPUS The campus will provide comprehensive services to the Homeless Community and viable services to the local community. 342 Beds needed to reach 595 Shelter Beds -BENCHMARK   Packet Pg. 90 CITY OF SAN BERNARDINO 2023 NATIONAL LEAGUE OF CITIES Location: Marriott Marquis, Washington, D.C. Date: March 24-28 Facilitator: Office of the City Manager Draft Itinerary Friday, March 24 • Travel Day Washington, D.C Saturday, March 25 • NLC Conference Events o Registration o Federal Advocacy Committee Meetings 1-4:30PM o Evening Events, League Receptions, Constituency Group Events 5PM Marriott Marquis Sunday, March 26 • NLC Conference Events o General Session 9-10:30AM o Conference Workshops 11-12:15PM o Conference Working Lunch 12:30- 1:45PM o Conference Workshops 2-3:15PM o General Session 3:30-5PM o Evening Events, League Receptions, Constituency Group Events 5PM Marriott Marquis   Packet Pg. 91 Monday, March 27 • General Session 8:30-10AM • Conference Workshops 10:30-- 11:45AM • Luncheon and General Session 12:15- 1:45 • Federal Office Hours 2:15-5PM • Group Dinner 5-7PM • NLC Closing Event 7:30-10PM Marriott Marquis Tuesday, March 28 • National League of Cities - Capitol Hill Day 2023 – 9AM-5PM Capitol Hill Wednesday, March 29 • Travel Day Washington, D.C   Packet Pg. 92 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s RESOLUTION NO. 2018-117 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE LEGISLATIVE PROGRAM POLICY AND PROCEDURES AND THE 2018 LEGISLATIVE AND REGULATORY PLATFORM FOR THE CITY OF SAN BERNARDINO WHEREAS, on May 18, 2015, the Mayor and City Council adopted Resolution No. 2015-103 directing the implementation of the City's Fiscal Recovery Plan and Plan of Adjustment; and WHEREAS, the foundation for the Fiscal Recovery Plan and Plan of Adjustment were the Operating Practices for Good Government, Priority Goals and Strategic Action Plans, and the Financial Plan, approved by the Mayor and City Council on May 18, 2015; and WHEREAS, on November 8, 2016, voters in San Bernardino approved a new Charter that was filed with the California Secretary of State on January 31, 2017, and established the Council -Manager form of government in the City; and WHEREAS, in August 2017, the Mayor and City Council embarked on an evolutionary, strategic planning process to establish systems and practices that promote good governance and effective service to the community in furtherance of the Charter and Council -Manager form of government; and WHEREAS, the Mayor and City Council committed to engaging in regular meetings to establish effective systems and practices and address policy, planning and program implementation to create a framework for comprehensive leadership in rebuilding the City of San Bernardino and establishing systems and lasting policies that transform the community and guide decision-making; and WHEREAS, on November 3, 2017, and December 13, 2017, the Mayor and City Council met and spent considerable time discussing the purpose of the City (Vision), the job of   Packet Pg. 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the City and the terms under which the City will operate (Job Statement), the business plan Operating Paradigm) of the City, and Goals and Objectives, which will be used to evaluate the City Manager's performance in the upcoming year, will serve as the foundation for the development of the annual budget, and will be communicated throughout the organization; and WHEREAS, on March 5, 2018, the Mayor and City Council adopted Resolution No. 2018-130 establishing the City's Vision for the Future, Job Statement, Operating Paradigm, and 2018-2019 Goals and Objectives; and WHEREAS, the Mayor and City Council desire to establish a legislative platform that will allow the City to respond quickly in support of or opposition to issues that could directly impact the City at the State and Federal level. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The following policy and procedures are adopted by the Mayor and City Council governing the legislative program for the City of San Bernardino: Purpose The City of San Bernardino's Legislative and Regulatory Platform guides City officials and staff in considering and rapidly responding to legislative and regulatory proposals introduced at the State and Federal levels based upon the City's priority goals and objectives. Policy The Legislative and Regulatory Platform consists of general policy statements reflecting positions on matters that impact municipal services and are consistent with the priority goals and objectives of the City. The Platform is adopted annually at the beginning of the legislative year I   Packet Pg. 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 based upon the goals and objectives of the Mayor and City Council, a review of the legislative priorities from the League of California Cities, the National Leagues of Cities and input from the Mayor and City Council, staff and the City's legislative advocates. Procedure The following protocol will be used to respond to legislative proposals and regulatory issues as they arise: 1. Once a determination has been made that a legislative proposal or regulation may impact the City, a letter outlining the City's position (support, neutral or oppose) will be drafted; 2. The City Manager will circulate the draft position letter to the Mayor and City Council for review; 3. If there is any objection received from the Mayor or any member of the City Council, the position letter will be placed on the next City Council agenda for consideration; 4. If there is no objection within the defined period, staff will finalize the position letter and forward it to the bill's author, the League of California Cities, the City's legislative advocate and other stakeholders as deemed appropriate; and 5. A copy of the final letter will be distributed to the Mayor and City Council. SECTION 2. The 2018 Legislative and Regulatory Platform attached hereto and incorporated herein as Exhibit "A", is hereby adopted. W G   Packet Pg. 95 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-117 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE LEGISLATIVE PROGRAM POLICY AND PROCEDURES AND THE 2018 LEGISLATIVE AND REGULATORY PLATFORM FOR THE CITY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 18t1i day of April 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ y BARRIOS VALDIVIA SHORETT NICKEL 'k - RICHARD RICHARD 2( MULVIHILL X Georgeann Ulmia, CMC, C Jerk The foregoing Resolution is hereby approved this 101 day of April 2018. 61ce"ll (C-1)&;j - R. Carey Davis ayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney B y:t 4   Packet Pg. 96 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Approval of Commercial and Payroll Disbursements (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 January 2023. 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 Discussion Gross Payroll Bi-Weekly for January 5, 2023 $2,901,097.62 Bi-Weekly for January 19, 2023 $3,198,023.97 Total Payroll Demands: $6,099,121.59 The following check registers are being presented for approval: D ecember 22, 2022 2022/23 (Regi ster #29)$257,156.33 January 5, 2023 2022/23 (Regi ster #30)$1,690,136.58 January 12, 2023 2022/23 (Regi ster #31)$1,255,539.14 January 19, 2023 2022/23 (Regi ster #32)$670,710.40 Total commercial check demands:$3,873,542.45   Packet Pg. 97 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 January 2023. Attachments Attachment 1 Payroll Summary Report for January 2023 Attachment 2 Commercial checks & Payroll Register #29 Attachment 3 Commercial checks & Payroll Register #30 Attachment 4 Commercial checks & Payroll Register #31 Attachment 5 Commercial checks & Payroll Register #32 Attachment 6 Commercial EFT Registers #1392-1396 Attachment 7 Commercial EFT Registers #1397-1402 Attachment 8 Commercial EFT Registers #1403-1404 Ward: All Wards Synopsis of Previous Council Actions: The following Electroni c Funds Transfer (EFT) regi sters presented for approval: D ecember 8 to D ecember 19, 2022 2022/23 (Regi ster #1392-1396)$1,226,431.40 November 10 to D ecember 15, 2022 2022/23 (Regi ster #1397-1402)$3,898,160.69 D ecember 29, 2022 2022/23 (Regi ster #1403-1404)$544,118.71 Total commercial EFT demands:$5,668,710.80   Packet Pg. 98   Packet Pg. 99   Packet Pg. 100   Packet Pg. 101   Packet Pg. 102   Packet Pg. 103   Packet Pg. 104   Packet Pg. 105   Packet Pg. 106   Packet Pg. 107   Packet Pg. 108   Packet Pg. 109   Packet Pg. 110   Packet Pg. 111   Packet Pg. 112   Packet Pg. 113   Packet Pg. 114   Packet Pg. 115   Packet Pg. 116   Packet Pg. 117   Packet Pg. 118   Packet Pg. 119   Packet Pg. 120   Packet Pg. 121   Packet Pg. 122   Packet Pg. 123   Packet Pg. 124   Packet Pg. 125   Packet Pg. 126   Packet Pg. 127   Packet Pg. 128   Packet Pg. 129   Packet Pg. 130   Packet Pg. 131   Packet Pg. 132   Packet Pg. 133   Packet Pg. 134   Packet Pg. 135   Packet Pg. 136   Packet Pg. 137   Packet Pg. 138   Packet Pg. 139   Packet Pg. 140   Packet Pg. 141   Packet Pg. 142   Packet Pg. 143   Packet Pg. 144   Packet Pg. 145   Packet Pg. 146   Packet Pg. 147   Packet Pg. 148   Packet Pg. 149   Packet Pg. 150   Packet Pg. 151   Packet Pg. 152   Packet Pg. 153   Packet Pg. 154   Packet Pg. 155   Packet Pg. 156   Packet Pg. 157   Packet Pg. 158   Packet Pg. 159   Packet Pg. 160   Packet Pg. 161   Packet Pg. 162   Packet Pg. 163   Packet Pg. 164 1 1 2 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Approval of Amended Form of Funding and Acquisition Agreement Pertaining to Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-029 of the Mayor and City Council of the City of San Bernardino, California, Approving an Amended Form of Funding and Acquisition Agreement Pertaining to Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California. Background The City Council (the “City Council”) of the City of San Bernardino (the “City”) held and conducted proceedings relating to the levy of special taxes and the issuance of bonds in a community facilities district to finance the acquisition of certain public improvements, as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5. Part 1, Division 2, Title 5 of the Government Code of the State of California. Such community facilities district is designated as “Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, State of California” (the “District”). TH Rancho Palma, LLC, a Delaware limited liability company (the “Owner”) has purchased certain real property located on approximately 28.34 gross acres of land including Tract No. 20006 (the “Property”) located in the City, commonly known as “Rancho Palma.” The District was formed for the purpose of financing the acquisition of certain street improvements (the “Acquisition Facilities”) and the design, planning, engineering, installation, and construction of certain public facilities and improvements, to be owned, operated or maintained by the City (the “Public Facilities”) to satisfy the obligation of the property and Owner for the payment of certain fees to the City.   Packet Pg. 165 1 1 2 7 The Owner and the City previously entered into a Funding and Acquisition Agreement (the “Funding Agreement”) dated as of August 1, 2020, for the purpose of including the Property in the District and establishing a plan for the financing of the acquisition, design, and construction of the Acquisition Facilitates and Public Facilities. The Owner has requested that the Public Facilities authorized to be financed pursuant to the Funding Agreement include park facilities in lieu of payment of Quimby Fees (the “Park Facilities”). Quimby Fees are fees that are paid by developers according to the Quimby Act, which was passed in 1975. The goal of the Act was to require developers to help mitigate the impact of development by ensuring that parkland and open space was available for recreation. The Act requires that developers set aside land, donate conservation easements or pay fees for park improvements. Discussion The Owner has invested $1,132,625 for park facilities in the Rancho Palma development, providing a park between Cable Creek Channel and W. Seco Drive that includes walking paths, a playground, picnic facilities and a bocce ball court among other amenities which meets the requirements of the Quimby Act. The construction plan map is included herein. (Attachment 4) The First Amendment to the Funding and Acquisition Agreement will amend Exhibit A of the Funding Agreement authorizing the financing of the Park Facilities in addition to the Acquisition Facilities and Public Facilities. 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 direct fiscal impact to the City, though it should be noted that the investment in parks facilities in the amount of $1,132,625 meets the requirements of the Quimby Act, and the developer will not be required to pay Quimby Park Fees to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-021 of the Mayor and City Council of the City of San Bernardino, California, Approving an Amended Form of Funding and Acquisition Agreement Pertaining to Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California. Attachments Attachment 1 – Resolution 2023-029   Packet Pg. 166 1 1 2 7 Attachment 2 – Amendment 1 to Rancho Palma 2020-1 Attachment 3 – Original Funding Agreement Rancho Palma 2020-1 Attachment 4 – Rancho Palma Park Construction Plan Map Ward: Fifth Ward Synopsis of Previous Council Actions: July 1, 2020 Mayor and City Council adopted Resolution 2020-149 Declaring the intent to Establish Community Facilities District (CFD) 2020-1 (Rancho Palma); and Adopted Resolution 2020-150 Declaring Necessity to Incur a Bonded Indebtedness of Proposed CFD No. 2020-1 (Rancho Palma) of the City of San Bernardino. August 5, 2020 Mayor and City Council Held a Public Hearing and adopted Resolution 2020-195 Establishing CFD 2020-1 (Rancho Palma); and Adopted Resolution 2020-196 determining the necessity to incur a bonded indebtedness for CFD No. 2020-1 (Rancho Palma), submitting to the qualified electors of the CFD a proposition to authorize the levy of a special tax therein, to authorize such CFD to incur a bonded indebtedness secured by the levy of a special tax to finance certain types of public facilities and to establish an appropriations limit for such and calling a special election for the CFD on a proposition for incurring such bonded indebtedness; and Adopted Resolution No. 2020-197 calling a special election and submitting to the voters of CFD No. 2020-1 (Rancho Palma) of the City of San Bernardino regarding the annual levy of special taxes within the CFD to pay principal of and interest on bonds thereof and to pay the costs of public facilities and establishing an appropriations limit thereof; and Adopted Resolution No. 2020-198 declaring the results of the consolidated special elections within CFD No. 2020-1 (Rancho Palma); and Introduced, read by title only, and waived further reading of Ordinance MC-1540 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of CFD No. 2020-1 (Rancho Palma), authorizing the levy of special taxes in such CFD.   Packet Pg. 167 Resolution No. 2023-029 Resolution No. 2023-029 February 15, 2023 Page 1 of 3 2 0 9 4 RESOLUTION NO. 2023-029 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN AMENDED FORM OF FUNDING AND ACQUISITION AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA WHEREAS, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has held and conducted proceedings relating to the levy of special taxes and the issuance of bonds in a community facilities district to finance the acquisition of certain public improvements, as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5. Part 1, Division 2, Title 5 of the Government Code of the State of California. Such community facilities district is designated as “Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, State of California” (the “District”); and WHEREAS, TH Rancho Palma, LLC, a Delaware limited liability company (the “Owner”) has purchased certain real property located on approximately 28.34 gross acres of land including Tract No. 20006 (the “Property”) located in the City, commonly known as “Rancho Palma.” WHEREAS, the District was formed for the purpose of financing the acquisition of certain street improvements (the “Acquisition Facilities”) and the design, planning, engineering, installation, and construction of certain public facilities and improvements, to be owned, operated or maintained by the City (the “Public Facilities”) to satisfy the obligation of the property and Owner for the payment of certain fees to the City; and WHEREAS, Owner and the City previously entered into a Funding and Acquisition Agreement (the “Funding Agreement”) dated as of August 1, 2020, for the purpose of including the Property in the District and establishing a plan for the financing of the acquisition, design and construction of the Acquisition Facilitates and Public Facilities; and WHEREAS, Owner has requested that the Public Facilities authorized to be financed pursuant to the Funding Agreement include park facilities in lieu of payment of Quimby Fees (the “Park Facilities”); and WHEREAS, the City wishes to amend the Funding Agreement to authorize the financing of the Park Facilities pursuant to the First Amendment to Funding and Acquisition Agreement in the form attached as Exhibit “A” hereto.   Packet Pg. 168 Resolution No. 2023-029 Resolution No. 2023-029 February 15, 2023 Page 2 of 3 2 0 9 4 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Amended Funding Agreement. The amended form of the Funding Agreement, attached as Exhibit “A” hereto, is approved substantially in the form submitted. The City Manager is hereby authorized to execute the final form of the First Amendment to Funding and Acquisition Agreement on behalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreement deemed to be in the best interests of the City. Approval of such changes shall be evidenced by the execution of such agreement. SECTION 3. 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 February, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney   Packet Pg. 169 Resolution No. 2023-021 Resolution No. 2023-021 February 15, 2023 Page 3 of 3 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. 2023-029, adopted at a regular meeting held on the 15th day of February 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 __, 2023. __________________________________ Genoveva Rocha, CMC, City Clerk   Packet Pg. 170 55600.00915\40315473.2 FIRST AMENDMENT TO FUNDING AND ACQUISITION AGREEMENT Relating to CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) Between THE CITY OF SAN BERNARDINO between TH RANCHO PALMA, LLC a Delaware limited liability company Dated as of __________, 2023   Packet Pg. 171 55600.00915\40315473.2 1 FIRST AMENDMENT TO FUNDING AND ACQUISITION AGREEMENT COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO THIS FIRST AMENDMENT is entered into as of the ___ day of _____, 2023 by and between the CITY OF SAN BERNARDINO (“City”) for and on behalf of the COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO, County of San Bernardino, State of California, a legally constituted governmental entity (the “District”), and TH RANCHO PALMA, LLC, a Delaware limited liability company (the “Owner”). RECITALS A. The City Council of the City of San Bernardino (hereinafter the “City Council”) has established the District pursuant to 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”). B. Owner has purchased that certain real property located on approximately 28.34 gross acres of land including Tract No. 20006 (the “Property”) located in the City, commonly known as “Rancho Palma.” C. The District was formed for the purpose of financing the acquisition of certain street improvements (the “Acquisition Facilities”), and the design, planning, engineering, installation, and construction of certain public facilities and improvements, to be owned, operated   Packet Pg. 172 55600.00915\40315473.2 2 or maintained by the City (the “Public Facilities”) to satisfy the obligation of the Property and the Owner for the payment of certain fees to the City. D. Owner and the City previously entered into a Funding and Acquisition Agreement (the “Funding Agreement”) dated as of August 1, 2020, for the purpose of including the Property in the District and establishing a plan for the financing of the acquisition, design and construction of the Acquisition Facilitates and Public Facilities. E. Owner has requested that the Public Facilities authorized to be financed pursuant to the Funding Agreement include park facilities in lieu of payment of Quimby Fees. F. The City and Owner have agreed that Exhibit A of the Funding Agreement shall be updated to include an updated description of the Public Facilities and Acquisition Facilitates. AGREEMENTS NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties agree as follows: Section 1. Exhibit A. Owner and City agree that Exhibit A of the Funding Agreement shall be amended as more fully described in Exhibit A-1, attached hereto and incorporated herein by reference. Section 2. Funding Agreement. The remaining provisions of the Funding Agreement shall remain in full force and effect.   Packet Pg. 173 55600.00915\40315473.2 3 Section 3. Severability. If any part of this First Amendment is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this First Amendment shall be given effect to the fullest extent reasonably possible. Section 4. Counterparts. This First Amendment shall be executed in counterparts, all of which shall be deemed an original. (Signature page follows)   Packet Pg. 174 55600.00915\40315473.2 S-1 IN WITNESS WHEREOF, the parties have caused this First Amendment to be signed as of the date first above written. Dated:TH RANCHO PALMA, LLC, a Delaware limited liability company By: ________________________________ Name: ______________________________ Title: _______________________________ Dated:CITY OF SAN BERNARDINO By: Name: Charles McNeely City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: Bond Counsel -Signature Page- First Amendment to Funding and Acquisition Agreement   Packet Pg. 175 55600.00915\40315473.2 A-1 EXHIBIT A-1 DESCRIPTION OF PUBLIC FACILITIES The immediately following table lists the Acquisition Facilities to be constructed by Owner and the Public Facilities to be owned, operated and maintained by the City, including the current cost estimates related thereto, which are subject to change. A. Acquisition Facilities Estimated Street Improvements $750,000 B. Public Facilities Circulation Improvements $317,492 Storm Drainage Improvements 467,194 Sewer Improvements 615,972 Water Improvements 849,665 Park Improvements 1,132,625 GRAND TOTAL ELIGIBLE ACQUISITION FACILITIES AND PUBLIC FACILITIES $4,132,948   Packet Pg. 176   Packet Pg. 177   Packet Pg. 178   Packet Pg. 179   Packet Pg. 180   Packet Pg. 181   Packet Pg. 182   Packet Pg. 183   Packet Pg. 184   Packet Pg. 185   Packet Pg. 186   Packet Pg. 187   Packet Pg. 188   Packet Pg. 189   Packet Pg. 190 55600.00907\32892082.5 S-1 IN WITNESS WHEREOF, the parties have caused this agreement to be signed as of the date first above written. Dated: TH RANCHO PALMA, LLC, a Delaware limited liability company By: ________________________________ Richard P. Douglass Authorized Agent Dated: CITY OF SAN BERNARDINO By: ________________________________ Robert D. Field City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: Bond Counsel -Signature Page- Funding and Acquisition Agreement DocuSign Envelope ID: 7E34BE43-9A73-4D68-A968-1376E4A887D0 1/25/2021   Packet Pg. 191   Packet Pg. 192   Packet Pg. 193   Packet Pg. 194   Packet Pg. 195   Packet Pg. 196   Packet Pg. 197   Packet Pg. 198   Packet Pg. 199   Packet Pg. 200 SYMBOL DESCRIPTION QTY DETAIL PEDESTRIAN CONCRETE PAVING WITH TROWELED SCORE 8,106 SF A/8 JOINTS SPACED AS SHOWN ON PLAN. SEALED ISOLATION JOINT TO BE 20`-0" O.C. MAX. SPACING. SEE DETAIL FOR THICKNESS. COLOR: NATURAL FINISH: BROOM TROWELED CONTROL JOINT B/8 TROWELED SCORE JOINT B/8 PARKING LOT STRIPE A.C. PAVING WITH CONCRETE MOWCURB IN RV PARKING AREA - 21,099 SF D/8 INSTALL OVER COMPACTED NATIVE SOIL MOTORIZED SLIDING GATE AT RV PARKING - REFER TO WALL AND FENCE PLANS PICNIC TABLE (46") DIAMETER STEEL TABLE WITH FIVE 1 CONTOUR SWIVEL SEATS, PORTABLE / SURFACE MOUNT MODEL: LATITUDE - L1447S (35" H X 94" DIA.) COLOR: DARK BROWN LUCAYA 8` DIA. UMBRELLA, PUSH/PIN, STD COLOR - 93" HIGH MODEL: 7LPU FABRIC COLOR: BEIGE FRAME COLOR: DARK BROWN MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) PICNIC TABLE - ADA (46") DIAMETER STEEL ADA TABLE WITH 1 THREE CONTOUR SEATS, SURFACE MOUNT MODEL: LATITUDE ADA - L1451 (35" H X 70" W X 93" L) COLOR: DARK BROWN LUCAYA 8` DIA. UMBRELLA, PUSH/PIN, STD COLOR - 93" HIGH MODEL: 7LPU FABRIC COLOR: BEIGE FRAME COLOR: DARK BROWN MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) TRASH RECEPTACLE 55-GALLON STEEL SLAT RECEPTACLE 6 WITH SIDE DOOR, BONNET ASH TOP, PLASTIC LINER AND RUBBER FEET MODEL: LATITUDE - L2055A (46" H X 28" DIA.) COLOR: TEXTURED BRONZE MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) BOCCE BALL COURT F/8 BENCH (6`-0") CONTOUR BENCH WITH STEEL SLAT SEAT AND 6 I/9 CAST IRON PORTABLE/ SURFACE MOUNT LEGS MODEL: LATITUDE - L1441A (34" H X 25" W X 72" L) COLOR: DARK BROWN MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) P.I.P. LOW WALL 66 LF J/9 COLOR: NATURAL OVERHEAD STRUCTURE WITH COLUMNS - REFER TO WALL AND FENCE PLANS CONCRETE MOW CURB 59 LF C/8 COLOR: NATURAL FINISH: BROOM MAILBOX CLUSTER UNITS - STANDARD 4C PEDESTAL MOUNT E/8 (4C16D-29-P) AVAILABLE THROUGH FLORENCE MAILBOXES. SET ON TOP OF CONCRETE PAVING WITH THICKEN EDGE MODEL: 4C16D-29-P COLOR: BRONZE WEB: WWW.FLORENCEMAILBOXES.COM/ WATER AND AIR COMPRESSOR TPI COIN AIR DOUBLE HOSE REEL AIR & WATER MACHINE - BASE MOUNTED REEL SKU: TPIMDL1200AWRB MFR: TPI WEB: HTTPS://WWW.JMESALES.COM/ PHONE: 800-333-3331 PLAYGROUND SURFACING 2,217 SF G/9 PLAYBOUND POURED-IN-PLACE RUBBER SURFACING BY SURFACE AMERICA (SURFACEAMERICA.COM) RUBBER SURFACING SHALL SHEET FLOW AT 1% TOWARDS DRAIN INLETS - SEE GRADING PLAN. INSTALL PER MANUFACTURER RECOMMENDATION. NOTE: TYPICAL THICKNESS RANGE IS 1-1/4″ TO 5-1/2″ COLOR: HUNTER GREEN (33%), PEARL (33%), BROWN (33%) MFR: SURFACE AMERICA (800-999-0555) AVAIL: COAST RECREATION CONTACT: GREGG ROGERS (949-633-1180) WALK-ON WOOD FIBER MULCH FOR PLAYGROUNDS. INSTALL 4,211 SF H/9 AT MIN. 12" DEPTH (14" DEEP INITIALLY) TYPE: FIBER PLAY PRODUCT MFR: FOREST WOOD FIBER PHONE: 951-471-4040 WEB: WWW.FWFPFAMILYTREE.COM C-01 C-02 C-03 C-04 C-05 C-06 C-07 C-08 C-09 C-10 C-11 C-12 C-13 C-14 C-15 C-18 C-19 C-20 CONSTRUCTION LEGEND FOR PARK & RV (20-SCALE) 8 SYMBOL DESCRIPTION CURB AND GUTTER - REFER TO STREET IMPROVEMENT PLANS PUBLIC SIDEWALK - REFER TO STREET IMPROVEMENT PLANS ACCESSIBLE RAMP, DETECTABLE WARNING SURFACE AND DETECTABLE WARNING STRIP - REFER TO STREET IMPROVEMENT PLANS A.C. ROAD - REFER TO STREET IMPROVEMENT PLANS RIGHT-OF-WAY - REFER TO PRECISE GRADING PLANS STORM DRAIN, CATCH BASIN OR DRAIN INLET - REFER TO SEWER / WATER PLANS STREET LIGHT FIXTURE - REFER TO STREET IMPROVEMENT PLANS STREET SIGNAGE - REFER TO STREET IMPROVEMENT PLANS CENTERLINE - REFER TO STREET IMPROVEMENT PLANS R-01 R-02 R-03 R-05 R-07 R-08 R-10 R-12 R-13 REFERENCE NOTES19 1010 11 12 AC PORCH AC GFF= FF= P= GFF= 1762.1 1762.77 1762.27 1762.10 6GFF=GFF=1765.771765.6066 6ACPORCHGFF=FF=P=GFF=1765.91766.571765.071765.90ACPORCHACGFF=FF=P=GFF=1766.01766.671766.171766.0066666AC PORCH GFF= FF= P= GFF= 1759.4 1760.07 1759.57 1759.40 666AC PORCH GFF= FF= P= GFF= 1755.8 1756.47 1755.97 1755.80 AC AC GFF= GFF= 1753.07 1752.90 OOOSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS OOOW. SECO DRI9E R8'-0" R-01 R36'-0"R80'-0" R8'-0" R-10 R-13 R-07R-02R-05 61'-1"18'-5"PL59'-2"53'-2" 80'-2"R3'-0"R3'-0"5'-0 "59'-9"5'-0"89'-10"60'-7" WALL, FENCE, PILASTER AND GATE - REFER TO WALL AND FENCE PLANS 10'-0"10'-2"R3'-0"R3'-0"8'-10"2'-5"C-01 C-01 C-14 FOC FOCFOC C-22 C-09C-09 C-11 C-22 C-09 C-03 C-02 C-02 C-03 C-24 CABLE CREE . C H A N N E L N. 9INICOLADRI9EPLAY TOWER BASIC (0"X0"X11`-6")M/10 MODEL: PCM111402-0902 COLOR THEME: GREEN BROWN POSTS: STEEL WITH PLASTIC CAP MFR: KOMPAN CONTACT: JEFF GRAEF, PLA (714-293-5065) NOTE: CRITICAL FALL HEIGHT - 7`-4” PIP RUBBER SURFACE THICKNESS 3” SWING, 8 FT, 1 SHELL SEAT (10`-6"X6`-0"X8`-4")M/10 MODEL: KSW92007-0910 COLOR: BLACK AND GREY MFR: KOMPAN CONTACT: JEFF GRAEF, PLA (714-293-5065) NOTE: CRITICAL FALL HEIGHT - 7`-9” PIP RUBBER SURFACE THICKNESS 3” ROPE SCREW (20`-6"X3`-2"X9`-6")M/10 MODEL: COR150721-1101 ROPE COLOR: GREEN MFR: KOMPAN CONTACT: JEFF GRAEF, PLA (714-293-5065) NOTE: CRITICAL FALL HEIGHT - 8`-8” PIP RUBBER SURFACE THICKNESS 4” HORSE SEASAW (7`-7"X10`-2"X2`-8") MODEL: M18212-01P COLOR: TAN AND BROWN MFR: KOMPAN CONTACT: JEFF GRAEF, PLA (714-293-5065) NOTE: CRITICAL FALL HEIGHT - 3`-3” PIP RUBBER SURFACE THICKNESS 1-1/4” C-21A C-21B C-21C C-21D 1 1 1 1 A1/9 A-2/9 A-3/9 A-4/9 SYMBOL DESCRIPTION QTY DETAIL CONSTRUCTION LEGEND FOR PARK & RV (20-SCALE) PICNIC TABLE 8 FT RECTANGULAR STEEL TABLE PORTABLE 2 FRAME / SURFACE MOUNT MODEL: D2014 (29"H X 64"W X 96"L) COLOR: DARK BROWN MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) LIGHT BOLLARD - REFER TO ELECTRICAL PLANS PET WASTE BAG DISPENSER.3 INSTALL PER MANUFACTURER SPECIFICATION. FINAL LOCATION TO BE APPROVED BY CITY. MFR: DOG I POT MODEL: 1003-L C-22 C-23 C-24 SYMBOL DESCRIPTION QTY DETAIL CONSTRUCTION LEGEND FOR PARK & RV (20-SCALE) NOTE: FOR CONSTRUCTION DETAILS, SEE SHEET 08 -11 DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING FOR CIT< 8SE ONL< FILE NO. CITY OF SAN BERNARDINO B<RE9ISIONS0AR. RECO00ENDED B< REGISTERED CI9IL ENGINEER NO. APPRO9ED 2007 APPR.DATE CHEC.ED B< DRAWN B< SENIOR CI9IL ENGINEER BBBBBSHEETS SHEET BBB OF W.O. NO. BENCH 0AR. 1800 4224133 TWO WOR.ING DA<S BEFORE <O8 DIG CDOO TOLL FREE 8QGHUJURXQG SHUYLFH AOHUW O<ROF CLLAEB E G8 ID FOR RANCHO PALMA - TRACT 20006 On-Site Landscape Improvement 34 XXXX LANDSCAPE ARCHITECT INFORMATIONLANDSCAPE ARCHITECT SEALRECO00ENDED 2006 -I0 GONDOS PAR.S RECREATION 3185 C1 Airway Avenue Costa Mesa, CA 92626 P: 714-545-2898 F: 714-545-2878 bgb-inc.com 2214 SLJQDWXUH DDWHARTH8R D G8< II I REGISTERED L A NDSCAPE A R CHI TECTSTATE OF CA L I F O R NIAE;P. 53 1 2 0 2 2 FHE 01 2023  329SPPRINT DATESCALE: 1"= 20'NCONSTRUCTION PLAN - PARK ' A' 50ATCHLINE  SEE SHEET 6   Packet Pg. 201 SYMBOL DESCRIPTION QTY DETAIL PEDESTRIAN CONCRETE PAVING WITH TROWELED SCORE 8,106 SF A/8 JOINTS SPACED AS SHOWN ON PLAN. SEALED ISOLATION JOINT TO BE 20`-0" O.C. MAX. SPACING. SEE DETAIL FOR THICKNESS. COLOR: NATURAL FINISH: BROOM TROWELED CONTROL JOINT B/8 TROWELED SCORE JOINT B/8 PARKING LOT STRIPE A.C. PAVING WITH CONCRETE MOWCURB IN RV PARKING AREA - 21,099 SF D/8 INSTALL OVER COMPACTED NATIVE SOIL MOTORIZED SLIDING GATE AT RV PARKING - REFER TO WALL AND FENCE PLANS PICNIC TABLE (46") DIAMETER STEEL TABLE WITH FIVE 1 CONTOUR SWIVEL SEATS, PORTABLE / SURFACE MOUNT MODEL: LATITUDE - L1447S (35" H X 94" DIA.) COLOR: DARK BROWN LUCAYA 8` DIA. UMBRELLA, PUSH/PIN, STD COLOR - 93" HIGH MODEL: 7LPU FABRIC COLOR: BEIGE FRAME COLOR: DARK BROWN MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) C-01 C-02 C-03 C-04 C-05 C-06 C-07 CONSTRUCTION LEGEND FOR PARK & RV (20-SCALE) SYMBOL DESCRIPTION CURB AND GUTTER - REFER TO STREET IMPROVEMENT PLANS PUBLIC SIDEWALK - REFER TO STREET IMPROVEMENT PLANS ACCESSIBLE RAMP, DETECTABLE WARNING SURFACE AND DETECTABLE WARNING STRIP - REFER TO STREET IMPROVEMENT PLANS A.C. ROAD - REFER TO STREET IMPROVEMENT PLANS RIGHT-OF-WAY - REFER TO PRECISE GRADING PLANS STORM DRAIN, CATCH BASIN OR DRAIN INLET - REFER TO SEWER / WATER PLANS STREET LIGHT FIXTURE - REFER TO STREET IMPROVEMENT PLANS STREET SIGNAGE - REFER TO STREET IMPROVEMENT PLANS CENTERLINE - REFER TO STREET IMPROVEMENT PLANS R-01 R-02 R-03 R-05 R-07 R-08 R-10 R-12 R-13 REFERENCE NOTES111314 15 16 17 18 19666AC PORCH GFF= FF= P= GFF= 1751.2 1751.87 1751.37 1751.20 AC PORCH AC GFF= FF= P= GFF= 1748.5 1749.17 1748.67 1748.506 6666AC PORCH GFF= FF= P= GFF= 1749.9 1750.57 1750.07 1749.90 PORCH GFF= FF= P= GFF= 1752.9 1753.57 1753.07 1752.90 66 6 PORCH616070 SECTIONAL GARAGE DOORACP=FF=GFF=GFF=1745.71746.371745.871745.70BW BW UUUUUUUUUUUUUUUUUUUUUSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W. SECO DRI9E W. S E C O D R I 9 E R28'-0"R24'-0"R3'-0"R3'- 0 "R3'-0"R24'-0"R28'-0"R-03 R-08R-01 5'-0"4'-2"4'-3"8'-8"18'-8"8'-6"28'-6"5'-0"3'-11"19'-6"7'-5"7'-8"18'-6"4'-1"R11'-0"5'-0"33'-1"R58'-3"R-10 R-12 24'-0"12'-0"5'-0"48'-7"17'-10"ST PT.14+00R32'-0"R27'- 0"R32'-0"39'-4" 39'-4" 64'- 0 " 2'-8" 5'-0"8'-0"11'-2"4'15'-4"5'-0" 5'-0" 10'- 6 " 16'- 8 " 3'-0" 16'- 8 "18'-10"ST PT.17+0063'- 6 "11'-2"7'-8"8'-0"2'-8" 5'-0" 31'- 2 " 27'- 0 " 26'-10"5'-0"5'-0" 12'- 6 " 20'- 0 "PLWALL, FENCE, PILASTER AND GATE - REFER TO WALL AND FENCE PLANS 38'-0"28'-0"2'-6" 15'- 9 " C-10 C-11 C-12 C-13 C-01 R3'- 0 "R3'-0"R3'-0" 5'-0"5'- 0 "4'-6"5'-0" C-15R48'-0"R17'-0 "R59'-0"R35'-0"R32' -0 "4'C-21A C-19C-20 C-20 C-01 C-01 C-01 R4 ' - 0 " R11'-0"R20'-0 " 3'-0" FOC FOC FOC FOC C-08C-07 C-09 C-02 C-03 C-11 C-24 C-24 C-21B C-21C C-21D R3'-0"30'-1"CAB L E C R E E . C H A N N E L N. CA9A LANEPICNIC TABLE - ADA (46") DIAMETER STEEL ADA TABLE WITH THREE CONTOUR SEATS, SURFACE MOUNT MODEL: LATITUDE ADA - L1451 (35" H X 70" W X 93" L) COLOR: DARK BROWN LUCAYA 8` DIA. UMBRELLA, PUSH/PIN, STD COLOR - 93" HIGH MODEL: 7LPU FABRIC COLOR: BEIGE FRAME COLOR: DARK BROWN MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) TRASH RECEPTACLE 55-GALLON STEEL SLAT RECEPTACLE WITH SIDE DOOR, BONNET ASH TOP, PLASTIC LINER AND RUBBER FEET MODEL: LATITUDE - L2055A (46" H X 28" DIA.) COLOR: TEXTURED BRONZE MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) BOCCE BALL COURT BENCH (6`-0") CONTOUR BENCH WITH STEEL SLAT SEAT AND CAST IRON PORTABLE/ SURFACE MOUNT LEGS MODEL: LATITUDE - L1441A (34" H X 25" W X 72" L) COLOR: DARK BROWN MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) C-08 C-09 C-10 C-11 WALK-ON WOOD FIBER MULCH FOR PLAYGROUNDS. INSTALL AT MIN. 12" DEPTH (14" DEEP INITIALLY) TYPE: FIBER PLAY PRODUCT MFR: FOREST WOOD FIBER PHONE: 951-471-4040 WEB: WWW.FWFPFAMILYTREE.COM PLAY TOWER BASIC (0"X0"X11`-6") MODEL: PCM111402-0902 COLOR THEME: GREEN BROWN POSTS: STEEL WITH PLASTIC CAP MFR: KOMPAN CONTACT: JEFF GRAEF, PLA (714-293-5065) NOTE: CRITICAL FALL HEIGHT - 7`-4” PIP RUBBER SURFACE THICKNESS 3” SWING, 8 FT, 1 SHELL SEAT (10`-6"X6`-0"X8`-4") MODEL: KSW92007-0910 COLOR: BLACK AND GREY MFR: KOMPAN CONTACT: JEFF GRAEF, PLA (714-293-5065) NOTE: CRITICAL FALL HEIGHT - 7`-9” PIP RUBBER SURFACE THICKNESS 3” ROPE SCREW (20`-6"X3`-2"X9`-6") MODEL: COR150721-1101 ROPE COLOR: GREEN MFR: KOMPAN CONTACT: JEFF GRAEF, PLA (714-293-5065) NOTE: CRITICAL FALL HEIGHT - 8`-8” PIP RUBBER SURFACE THICKNESS 4” C-20 C-21A C-21B C-21C CONTACT: COREY PHILLIPS (949-285-0433) P.I.P. LOW WALL COLOR: NATURAL OVERHEAD STRUCTURE WITH COLUMNS - REFER TO WALL AND FENCE PLANS CONCRETE MOW CURB COLOR: NATURAL FINISH: BROOM MAILBOX CLUSTER UNITS - STANDARD 4C PEDESTAL MOUNT (4C16D-29-P) AVAILABLE THROUGH FLORENCE MAILBOXES. SET ON TOP OF CONCRETE PAVING WITH THICKEN EDGE MODEL: 4C16D-29-P COLOR: BRONZE WEB: WWW.FLORENCEMAILBOXES.COM/ WATER AND AIR COMPRESSOR TPI COIN AIR DOUBLE HOSE REEL AIR & WATER MACHINE - BASE MOUNTED REEL SKU: TPIMDL1200AWRB MFR: TPI WEB: HTTPS://WWW.JMESALES.COM/ PHONE: 800-333-3331 PLAYGROUND SURFACING PLAYBOUND POURED-IN-PLACE RUBBER SURFACING BY SURFACE AMERICA (SURFACEAMERICA.COM) RUBBER SURFACING SHALL SHEET FLOW AT 1% TOWARDS DRAIN INLETS - SEE GRADING PLAN. INSTALL PER MANUFACTURER RECOMMENDATION. NOTE: TYPICAL THICKNESS RANGE IS 1-1/4″ TO 5-1/2″ COLOR: HUNTER GREEN (33%), PEARL (33%), BROWN (33%) MFR: SURFACE AMERICA (800-999-0555) AVAIL: COAST RECREATION CONTACT: GREGG ROGERS (949-633-1180) C-12 C-13 C-14 C-15 C-18 C-19 HORSE SEASAW (7`-7"X10`-2"X2`-8") MODEL: M18212-01P COLOR: TAN AND BROWN MFR: KOMPAN CONTACT: JEFF GRAEF, PLA (714-293-5065) NOTE: CRITICAL FALL HEIGHT - 3`-3” PIP RUBBER SURFACE THICKNESS 1-1/4” PICNIC TABLE 8 FT RECTANGULAR STEEL TABLE PORTABLE FRAME / SURFACE MOUNT MODEL: D2014 (29"H X 64"W X 96"L) COLOR: DARK BROWN MFR: ANOVA FURNISHINGS WEB: WWW.ANOVAFURNISHINGS.COM CONTACT: COREY PHILLIPS (949-285-0433) LIGHT BOLLARD - REFER TO ELECTRICAL PLANS PET WASTE BAG DISPENSER. INSTALL PER MANUFACTURER SPECIFICATION. FINAL LOCATION TO BE APPROVED BY CITY. MFR: DOG I POT MODEL: 1003-L C-21D C-22 C-23 C-24 NOTE: FOR CONSTRUCTION DETAILS, SEE SHEET 08 -11 DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING FOR CIT< 8SE ONL< FILE NO. CITY OF SAN BERNARDINO B<RE9ISIONS0AR. RECO00ENDED B< REGISTERED CI9IL ENGINEER NO. APPRO9ED 2007 APPR.DATE CHEC.ED B< DRAWN B< SENIOR CI9IL ENGINEER BBBBBSHEETS SHEET BBB OF W.O. NO. BENCH 0AR. 1800 4224133 TWO WOR.ING DA<S BEFORE <O8 DIG CDOO TOLL FREE 8QGHUJURXQG SHUYLFH AOHUW O<ROF CLLAEB E G8 ID FOR RANCHO PALMA - TRACT 20006 On-Site Landscape Improvement 34 XXXX LANDSCAPE ARCHITECT INFORMATIONLANDSCAPE ARCHITECT SEALRECO00ENDED 2006 -I0 GONDOS PAR.S RECREATION 3185 C1 Airway Avenue Costa Mesa, CA 92626 P: 714-545-2898 F: 714-545-2878 bgb-inc.com 2214 SLJQDWXUH DDWHARTH8R D G8< II I REGISTERED L A NDSCAPE A R CHI TECTSTATE OF CA L I F O R NIAE;P. 53 1 2 0 2 2 FHE 01 2023  329SPPRINT DATESCALE: 1"= 20'NCONSTRUCTION PLAN - PARK 'A' 60ATCHLINE  SEE SHEET 70ATCHLINE  SEE SHEET 5   Packet Pg. 202 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Darren Goodman, Chief of Police Department:Police Subject:Amendment to Increase Purchase Order with Adamson Police Products (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to increase the existing purchase order with Adamson Police Products to an amount not to exceed $110,000 for the 2022/23 fiscal year to allow for the purchase of ballistic vests, safety equipment and supplies. Background On January 20th, 2021 the Mayor and City Council adopted Resolution No. 2021-11, which authorized the Director of Finance to issue a Purchase Order in the amount of $75,000, with three single year renewal options, to Adamson Police Products for the purchase of safety equipment. Prior to issuing the purchase order, the City published Request for Quote 21-09, and Adamson Police Products provided the lowest overall bid on the products listed, to include ballistic vests. Adamson Police Products is a proven vendor that consistently provides quality equipment at competitive prices. During a recent vest fitting it was discovered that 87 officers are in need of a new ballistic vest. Ballistic vests have a limited useful service life and must be replaced every five years. Discussion The Police Department issues ballistic vests to every new police officer and some civilian employees that work in the field. Ballistic vests are an essential piece of safety equipment, with an expiration date set by the manufacturer. The department budgets for the purchase of approximately 50 vests every year, however, that projection was surpassed during this round of purchasing due to the number of newly hired officers. Adamson’s initial bid per vest was $1,060 but based on the volume of this order, the   Packet Pg. 203 vendor was able to lower the price to $897 per vest. The previously authorized purchase order amount of $75,000 accounted for an estimated balance of $25,000 to remain spendable with Adamson after vest purchases. This purchase order increase request would allow for the purchase of the 87 vests, and still leave a balance on the purchase order for essential equipment purchases from Adamson as they become necessary during the remainder of the fiscal year. Staff is recommending that the Adamson Police Products purchase order for the current fiscal year (FY2022/23) be increased to $110,000. This purchase order increase will not cause an increase to the Police Department’s FY 2022/23 budget. 2021-2025 Strategic Targets and Goals The request to authorize the City Manager to increase the current purchase order with Adamson Police Products aligns with Key Target No. 1: Improved Operational & Financial Capacity: Implement, maintain, and update a fiscal accountability plan. Fiscal Impact There is sufficient funding included in the FY22/23 Adopted Budget in the Police General Fund, and Asset Forfeiture funds. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to increase the existing purchase order with Adamson Police Products to an amount not to exceed $110,000 for the 2022/23 fiscal year to allow for the purchase of ballistic vests, safety equipment and supplies. Attachments Attachment 1 – Resolution 2021-11 Ward: All Wards Synopsis of Previous Council Actions: January 20, 2021 Mayor and City Council approved Resolution 2021-11 authorizing a Purchase Order to Adamson Police Products in the amount of $75,000.   Packet Pg. 204   Packet Pg. 205   Packet Pg. 206   Packet Pg. 207 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Task Order Issued to Transtech Engineers for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Task Order Transtech001 to Transtech Engineers to provide augmented Capital Improvement Program Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services and authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $135,850. Background On November 16, 2022, the City Council approved a standard Professional Service Agreement with 24 Engineering firms to provide the following services: Street Construction Projects that will require DOT Traffic Control Designs Storm Drain Projects Wastewater Projects Structural Design and Construction Projects Environmental Consulting Geotechnical Engineering Investigation Surveying Services Landscaping Design Construction Inspection and Construction Management Architecture Civil Engineering Mechanical Engineering   Packet Pg. 208 Electrical Engineering Plumbing Engineering Project Management/Staff Augmentation The selection of the firms was based on each consultant meeting the pre-qualified requirements, licensing, and certifications without being debarred, suspended, or ineligible from bidding or accepting work from any State of California or Federal contracts. Discussion The City of San Bernardino has approximately $100 million in capital improvements programmed over the next five years. The CIP includes rehabilitation of arterial highways, collectors, and residential streets; intersection widening improvements; miscellaneous concrete replacements and Americans with Disabilities Act (ADA) improvements; installation of BMPs and NPDES improvements; installation of traffic signals; construction of park improvements; installation of landscaping and irrigation improvements; bridge maintenance and repairs; and rehabilitation of City-owned facilities. With a high volume of CIP projects, the need to develop an efficient and robust CIP is critical to the delivery and success of the program. Many cities within San Bernardino County use a combination of in-house staff and consultants for program delivery. Due to recent changes to the Engineering Division and the challenges in staff recruitment, the Public Works Department seeks to model this approach to improve the City’s current CIP program. While critical positions, such as the Principal Engineer and the City Engineer, are filled, staff seeks to issue a task order (Attachment 1-Exhibit B) pursuant to the approved PSA to provide professional engineering and program management services related to implementing the City’s CIP. This will allow the department to continue strengthening the CIP program while recruiting and onboarding key staff members. On January 10, 2023, staff requested proposals to provide CIP Programmatic Services. Two (2) responses to the RFP were received on January 25, 2023. Firm Name Location Proposed Amount TKE Engineering Inc.Riverside, CA $117,800 Transtech Engineers Chino, CA*$135,850 Note- Transtech Engineers has a local office in San Bernardino. Each firm proposed a different approach to provide the CIP Programmatic Services based on a requested 40 hours per week as indicated in the RFP. A selection committee consisting of Public Works management level staff reviewed the two proposals and conducted firm interviews. Transtech Engineers received superior ratings in the following categories: necessary related experience, adequacy of staff,   Packet Pg. 209 depth of understanding of the City’s CIP needs and approach to augment staff. As indicated in their proposal and further elaborated in their presentation, Transtech Engineers has extensive experience throughout Los Angeles and San Bernardino County and provided an extensive and thorough transition plan to which staff found to be effective. Lastly, it‘s important to note that the approved PSA at the time of preparing the staff report was in the signature routing process. Transtech will not be issued a Notice to Proceed (NTP) until the PSA is fully executed. 2021-2025 Strategic Targets and Goals This task order is consistent with Key Target No. 1f: Improved Operational and Financial Capacity - Create an asset management plan. Approval of this comprehensive and formal approach will support the City with the long-term management of capital assets and provide strategic practices to effectively deliver community benefits and economic growth. Fiscal Impact As indicated in the November 16, 2022, staff report, any project with a total budget estimated to exceed $50,000 will be presented to the City Council for approval prior to authorizing a notice to proceed on the Task Order. The recommended task order total is within the City’s approved budget. The budget for the proposed work was previously established through the Adopted FY22-23 Budget in account number 001-400-0001*5502 and an approved budget amendment on December 7, 2022, to account number 001-400-0001*5505. The following table provides a breakdown by account. Account Number Proposed Amount 001-400-0001*5502 $10,850 001-400-0001*5505 $125,000 Total $135,850 As indicated above, with the recent changes in the Engineering Division along with the staffing challenges, staff intends to work with Transtech to ensure the timely delivery of our Capital Improvement Program. Engineering Management intends to assign in-house program management staff or solicit proposals from our On-Call contractors to CIP projects when the project schedule allows for it. However, some projects are stagnant and have funding deadlines associated with them. As a result, staff intends to utilize Transtech when appropriate to ensure those projects are not compromised. The respective project account number will pay for all project management assigned to Transtech or an On-Call contractor.   Packet Pg. 210 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Task Order Transtech001 to Transtech Engineers to provide augmented Capital Improvement Program Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services and authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $135,850. Attachments Attachment 1 Task Order Transtech001 Attachment 2 Transtech Engineer Professional Service Agreement Attachment 3 Transtech Engineers Proposal Attachment 4 TKE Engineering Proposal Ward: All Wards Synopsis of Previous Council Actions: November 16, 2022 Mayor and City Council approve On-Call Engineering Service Professional Service Agreements.   Packet Pg. 211 EXHIBIT B TASK ORDER Task Order No.: [Firm Name]001 Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT Consultant: [Insert Firm Name] The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: 1.Scope of Service 2.[Insert Firm Name] Proposal Dollar Amount of Task Order: Not to exceed [Insert Amount] Completion Date: 06/30/23 The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO [INSERT NAME OF CONSULTANT] Dated: Dated: By: By:   Packet Pg. 212 1 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRANSTECH ENGINEERS, INC. This Agreement is made and entered into as of February 16, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Transtech Engineers, Inc., a CORPORATION with its principal place of business at 13367 Benson Ave., Chino, CA. 91710 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Civil Engineering Design, Consulting and Project Management Services for: 1. Civil Engineering Design 2. Traffic 3. Survey 4. Inspection and Management of Construction 5. Civil Engineering for Transportation 6. Project Management/Staff Augmentation (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. 3. Professional Practices. All professional services to be provided by   Packet Pg. 213 2 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. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $50,000 per assigned task order. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5.Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside- San Bernardino – Ontario, CA areas for the twelve (12) month period July through July immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. 6. Term. The term of this Agreement shall be from February 16, 2023, to November 17, 2027, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by   Packet Pg. 214 3 the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA   Packet Pg. 215 4 requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and 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   Packet Pg. 216 5 insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (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   Packet Pg. 217 6 using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all 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   Packet Pg. 218 7 appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. 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   Packet Pg. 219 8 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. (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.   Packet Pg. 220 9 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: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 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. 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   Packet Pg. 221 10 harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of   Packet Pg. 222 11 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. 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   Packet Pg. 223 12 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 Ahmad Ansair ,Ali Cayir and/or Terry Renner as Project Manager(s). 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: Daniel Hernandez Agency Director of Public Works, Operations, and Maintenance With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Transtech Engineers, Inc. 413 MacKay Drive San Bernardino, CA. 92408 Attn: Allen Cayir President   Packet Pg. 224 13 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall 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.   Packet Pg. 225 14 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. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE]   Packet Pg. 226 15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRANSTECH ENGINEERS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney TRANSTECH ENGINEERS, INC. Signature Allen Cayir Name President Title   Packet Pg. 227 16 EXHIBIT A Scope of Services / Schedule of Charges This agreement assists the city with creating a long-term list of “Pre-Qualified Civil Engineering Firms, Engineering Design Professionals and Related Consultants”. The consultant shall provide the following services: •Civil Engineering Design - Designs for street construction (widening/reduction), pavement projects (rehabilitation, reconstruction, median additions, ADA compliant sidewalks and walkways, and ADA compliant access ramp projects. - Designs of infrastructure such as: wastewater pump/lift station, wastewater force main pipeline, gravity pipelines, rehabilitation of existing gravity and force main pipes. Preparation of wastewater hydraulic analysis and modeling - Designs storm drain infrastructure such as: storm drain pipeline and ancillary structures, detention retention basin, and rehabilitation of existing storm drain pipes. Preparation of hydrology and hydraulic studies, Master Drainage studies, Water-Quality Master Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP).Design and implementation of quiet zone infrastructures and devices at railroad crossings such as a 4 Quadrant Crossing Gate. •Traffic Control - Traffic Engineering Consultants available to provide engineering design services for new or modified traffic signals, traffic control, signage and striping, lighting, signal interconnect (hardwire or fiber optic cable), preparation of Signal Timing Plans and Traffic Impact Studies, and any other traffic engineering related designs. •Survey - Collect existing ground elevation and topographic features. - Provide targets for aerial survey. - Provide construction staking for Public Works Capital Improvement Projects. - Tie out existing monuments and re-establish monuments pre and post-construction. - Prepare legal description and accompany plat for easements, Right-of-Way acquisition, and Right-of-Way dedication.   Packet Pg. 228 17 •Inspection and Management of Construction - Provide Construction Inspection and Management services for the construction of Capital Improvement Projects such as: pavement construction projects, street widening, concrete sidewalk repair, street median additions, ADA sidewalk and ramp construction, sewer and storm drainpipe installation and rehabilitation, sewer and storm drain pump station rehabilitation and construction, and parking structure rehabilitation and new construction •Civil Engineering for Transportation - Provide services for transportation projects. Can conceive, design, build, supervise, operate, construct and maintain infrastructure projects and systems in the public and private sector, including roads, buildings, airports, tunnels, dams, bridges and systems for water supply and sewage treatment. •Project Management/Staff Augmentation o Provide services of leading a work team to achieve all project goals within specified constraints. o Planning, organizing, managing the completion of a project, while ensuring that it delivers the expected results on time, on budget and within a specific scope of services. o Provide staffing services for filling short-term project positions for Public Works on-call civil engineering design services.   Packet Pg. 229 18 Schedule of Charges   Packet Pg. 230 19 The rates can be increased each year July 1st using the percentage change in the Consumer Price Index – All urban consumers, All Items (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA. Please see section 5a, section 2 of this agreement for price adjustments. An amendment must be executed for all price adjustments due to budget adjustments and city council approval.   Packet Pg. 231 20 EXHIBIT B TASK ORDER Task Order No. _______ Agreement: [INSERT TITLE OF AGREEMENT] Consultant: TRANSTECH ENGINEERS, INC. The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date:_____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO TRANSTECH ENGINEERS, INC. Dated: Dated: By: By: Allen Cayir, President   Packet Pg. 232 Proposal Capital Improvement Program (CIP) Programmatic Services Submitted To City of SAN BERNARDINO Office: 201 North E Street, 2nd floor Mail: 290 North D Street San Bernardino, CA 92401 Attn.: Daniel Hernandez Agency Director of Public Works, Operations, and Maintenance Submittal Requirement: Via email to: Hernandez_Da@sbcity.org Via email cc to: Pan_Su@sbcity.org Submitted By TRANSTECH Engineers, Inc. Contact Person for this Proposal: Ahmad Ansari, PE, Principal E: ahmad.ansari@transtech.org E: rfp@transtech.org C: 949-702-5612   Packet Pg. 233 About Transtech Video Highlight: CLICK HERE www.transtech.org 855.595.2495 (toll-free) January 25, 2023 City of SAN BERNARDINO 201 North E Street, 2nd floor San Bernardino, CA 92401 Submittal Requirement: Via email to: Hernandez_Da@sbcity.org Via email cc to: Pan_Su@sbcity.org Attn.: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Proposal, Capital Improvement Program (CIP) Programmatic Services Dear Mr. Hernandez: Transtech is pleased to submit this Proposal for the subject services. This Cover Letter provides an executive summary of our qualifications relevant to the services requested. ABOUT TRANSTECH: Established in 1989, Transtech (a California Corporation) has been in business for 33 years and provides municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel. MULTI-DISCIPLINARY MUNICIPAL ENGINEERING CONSULTING FIRM: Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include: • Building & Safety Services, Building Official Building Inspection, Plan Check • Civil Engineering, • Staff Augmentation • CIP Program Management • Construction Management and Inspection • Federally Funded Project Management • Grant Writing • CDBG Project Management • City Engineer, City Traffic Engineer, Development Review, Public Works Engineering, Plan Check, Inspection • Labor Compliance • Planning Support • Traffic and Transportation Planning and Eng • Water Resources Engineering • Surveying, Mapping, ALTA, Right-of-way Eng • Emergency, Support Services EXTENSIVE EXPERIENCE IN MANAGING A VARIETY/TYPES OF PROJECTS: Transtech has extensive experience in managing a variety/types of projects, such as: • Street Rehabilitation and Reconstruction • Traffic Signal and Street Lighting • ADA Improvements • Water, Drainage, Sewer Improvements • Bridges • Parks and Playgrounds • Parking Structures • Community Centers • Libraries • City Halls • Fire Stations • Renovation of Historic Buildings EXTENSIVE EXPERIENCE IN FEDERALLY FUNDED PROJECTS AND LAPM: Transtech has extensive experience in the management and administration of federally funded projects in compliance with LAPM. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023). Also, as contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits on various federally funded projects. EXPERIENCE IN DB (DESIGN-BUILD) PROJECT DELIVERY: Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code. Most recently (in 2022) we completed C-Block Parking Structure in the City of Ontario. The project included construction of 5 level, 400 space parking structure under DB (Design-Build) Delivery. This project received 2022 Projects of the Year APWA Award. Currently, we are managing Haz-Mat Abatement and Demolition Phase of another DB Delivery Project (Grand Park). The total cost of Grand Park Project is $90M.   Packet Pg. 234 January 25, 2023 City of SAN BERNARDINO Attn.: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Page 2 Proposal, Capital Improvement Program (CIP) Programmatic Services www.transtech.org 855.595.2495 (toll-free) STAFF MEMBERS WHO HAVE WORKED FOR CALTRANS: Also, our team includes staff members who have worked for CALTRANS previously, including as Deputy District Director, and as Sr. Transportation Engineer responsible for oversight of Federally Funded Projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino. • Mohammad Pasebani, PE (LAPM Compliance QC/QA Oversight): Over 35 years of experience working for Caltrans. His career path included a number of positions in Caltrans, with last position being Senior Transportation Engineer, responsible for oversight of Federally Funded projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident Engineer Academies and Seminars/Workshops designed for Local agencies. • Ali Zaghari, PE (Caltrans Coordination Oversight): Over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans). His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director. UNIQUE QUALIFICATIONS: One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities. We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. LARGE POOL OF WELL EXPERIENCED IN-HOUSE STAFF READILY AVAILABLE: We have a qualified team with large pool of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As demonstrated in our proposal, our team has a high level of experience and capability to provide the services with proactive leadership and good planning and management practices. We believe our team is well qualified to perform the services requested:  Successfully providing similar services to many agencies for over 33 years.  Proven track record in on time and within budget project delivery.  Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services.  Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums.  Committed to producing a high-quality work product and deliver a high level of customer care.  We understand the importance of an effective public relations and information program, and have managed large projects, which involved multiple agencies and jurisdictions.  Understanding of public agencies procedures, and policies, and extensive experience in preparing staff reports, and presentations to City Council, Boards and public.  Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction.  Commitment of principal level management and involvement throughout the contract duration. We present to the City a team with proven experience and success, self- motivated, and can manage and deliver projects in an efficient and effective manner with high quality service. Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact the undersigned. Sincerely, Ahmad Ansari, PE, Principal E: Ahmad.ansari@transtech.org; E: rfp@transtech.org; C: 949-702-5612   Packet Pg. 235 Table of Contents Proposal Capital Improvement Program (CIP) Programmatic Services Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections listed in the RFP under “Proposal Format”, as listed below: Proposal Section Page 1. Perception Approach 1.1 – 1.9 1. Project understanding and perception 1.1 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy 1.5 2. Methodology 2.1 – 2.17 1. Clearly state the methodology to be used in completing the Scope of Services 2.1 2. Provide QA/QC plan to ensure quality control for the duration of the project 2.16 3. Key Personnel 3.1 – 3.17 This section of the proposal shall be formatted as follows: 1. Experience of key personnel 3.1 2. Responsibilities to be assigned 3.3 3. Amount of each individual’s time to be allocated 3.4 4. Subconsultant(s) to be used (if any) 3.5 5. Resumes of key personnel 3.5 6. Project organization chart 3.17 4. Relevant Experience 4.1 – 4.18 This section of the proposal shall include at least three (3) projects completed by the proposed project team within the past five years. 5. Quality of Proposal 5.1 – 5.3 1. Proposal contains all minimum required items and is in proper format 5.1 2. All forms, including addenda (if any) have been completed and signed 5.3 6. Budget / Fee 6.1 – 6.2 Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs.   Packet Pg. 236 Proposal Section 1 Perception Approach Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 237 1. Perception Approach 1.1 Proposal Capital Improvement Program (CIP) Programmatic Services 1. Perception Approach 1. Project understanding and perception 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy 1. Project understanding and perception The City has requested proposals from on-call consultants for Professional Engineering and Program Management Services related to implementing the City’s Capital Improvement Program (CIP). The City has approximately $100 million in capital improvements programmed over the next five years. The CIP includes a variety of projects, such as: • rehabilitation of arterial highways, collectors, and residential streets • intersection widening improvements • miscellaneous concrete replacements and Americans with Disabilities Act (ADA) improvements • installation of BMPs and NPDES improvements • installation of traffic signals • construction of park improvements • installation of landscaping and irrigation improvements • bridge maintenance and repairs • rehabilitation of City-owned facilities Transtech Comment: Transtech has extensive experience in managing a variety/types of projects, such as: • Street Rehabilitation and Reconstruction • Traffic Signal and Street Lighting • ADA Improvements • Water, Drainage, Sewer Improvements • Bridges • Parks and Playgrounds • Parking Structures • Community Centers • Libraries • City Halls • Fire Stations • Renovation of Historic Buildings The selected consultant will provide Professional Engineering and Program Management Services as described in Chapter 16, “Administer Construction Contracts,” of the State of California Department of Transportation’s (Caltrans) Local Assistance Procedure Manual (LAPM). Transtech Comment: • We have extensive experience in the management and administration of federally funded projects in compliance with LAPM. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023). The Local Assistance Procedures Manual (LAPM) is intended to assist California Local Public Agencies (LPAs) scope, organize, design, construct, and maintain local public transportation facilities utilizing Federal Highway Administration (FHWA) federal-aid or state funding. The LAPM describes the required processes, procedures, documents, authorizations, approvals, and certifications to receive federal-aid and/or state funds for many types of local transportation projects. The LAPM is intended to be used in conjunction with the Local Assistance Program Guidelines (LAPG). The LAPG describes each of the federal-aid and state-funded Local Assistance programs and the requirements for   Packet Pg. 238 1. Perception Approach 1.2 Proposal Capital Improvement Program (CIP) Programmatic Services obtaining project funding for these individual programs Projects utilizing only state funds require less oversight and review than those with federal-aid funds. Not all of the processes described in the chapters of this manual apply to these projects. LAPM Chapters 1, 2, 3, 4, 5, 10, and 17 apply in whole, or in part, to these projects. The LAPG further defines these programs. In addition to Chapter 16 of LAPM, several other chapters will be applicable to the tasks that will be performed by the selected Program Management Consultant on Federally and State Funded projects. Following is a summary of LAPM Chapters, which maybe applicable to various project phases where guidelines and requirements included in LAPM Chapters will have to be followed: o Chapter 2: Roles and Responsibilities defines the roles and responsibilities for the various entities involved in developing a local assistance project. o Chapter 3: Project Authorization describes the process to obtain project authorization and fund obligation required for each phase of a federal-aid project. o Chapter 4: Agreements describes the agreements needed between the LPA and the State and between the State and FHWA to obtain reimbursement of funds. o Chapter 5: Invoicing describes the general accounting procedures necessary to receive reimbursement for work done in any phase of the project. o Chapters 6-8: Environmental Procedures, Field Review, and Public Hearings discuss the project initiation and environmental procedures needed to bring a project to the stage at which the LPA decision-makers commit the project to final design and implementation. o Chapter 9: Civil Rights and Disadvantaged Business Enterprises describes the requirements for establishing and reporting DBE program and project goals. This process may be necessary during the initial project stage, or may not be required until a later phase. o Chapter 10: Consultant Selection describes the requirements for selecting and hiring consultants to perform project activities. o Chapters 11 & 12: Design Guidance and Plans, Specifications, & Estimate describe the design standards to be used and the Plans, Specifications and Estimate (PS&E) development necessary to bring the project to the advertising and construction stage. o Chapters 13 & 14: Right of Way and Utility Relocations describe the procedures used to acquire right of way or relocate utilities. o Chapters 15-17: Advertise and Award Project, Administer Construction Contracts, and Project Completion describe the procedures from advertising through construction administration, project completion, and completion of the final reports. o Chapter 18: Maintenance describes the ongoing maintenance responsibilities and activities needed to assure that the project remains a functional public asset, and the related inspection and reporting requirements. o Chapter 19: Reserved for future use. o Chapter 20: Audits and Corrective Actions describes the expectations, roles, and responsibilities for audits conducted by the Caltrans Internal Audits Office (CIAO) or the Independent Office of Audits and Investigations (IOAI). • As contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits on various federally funded projects. • Our team includes staff members who have worked for CALTRANS previously, including as Sr. Transportation Engineer responsible for oversight of Federally Funded Projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino and as Deputy District Director. o Mohammad Pasebani, PE (LAPM Compliance QC/QA Oversight): Over 35 years of experience working for Caltrans. His career path included a number of positions in Caltrans, with last position being Senior Transportation Engineer, responsible for oversight of Federally Funded projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident Engineer Academies and Seminars/Workshops designed for Local agencies. o Ali Zaghari, PE (Caltrans Coordination Oversight): Over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans). His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director.   Packet Pg. 239 1. Perception Approach 1.3 Proposal Capital Improvement Program (CIP) Programmatic Services More specifically, the services shall include, but are not limited to: Environmental, Preliminary Engineering and Right-of-Way Engineering 1. Identify and develop scope of work for capital improvement projects. 2. Prepare Request for Proposals (RFP) for environmental, preliminary engineering and right-of-way engineering services, as necessary. 3. Coordinate review and evaluation of proposals received for environmental, preliminary engineering and right-of-way engineering services. Submit recommendations to award to most qualified consultants. 4. Administer consultant contracts related to environmental, preliminary engineering and right-of-way engineering phases of capital improvement projects. 5. Define a complete and detailed project description and delineate project study area that will meet needs of technical analyses and environmental documentation, as may be required. 6. Coordinate preparation of legal descriptions and plat maps of right-of-way acquisitions, as may be required. 7. Coordinate preparation and completion of Request for Authorization (RFA) package on federally funded projects for submittal to Caltrans. Preliminary and Final Design 1. Prepare RFP for professional engineering and design services. 2. Coordinate review and evaluation of proposals received for design services. Submit recommendations to award to most qualified consultants. 3. Administer consultant design contracts on capital improvement projects. 4. Coordinate review of pavement evaluation reports, geotechnical investigations, soils reports, traffic studies, etc. related to design of capital improvement projects. 5. Coordinate review and plan check of plans and specifications at the 60%, 90% and 100% completion levels. 6. Prepare project budget and schedules and monitor through completion. Pre-Construction Phase: 1. Perform value engineering and constructability review of project plans and specifications. 2. Review engineer’s estimates and approved budgets for projects. 3. Prepare and maintain a master project schedule based on anticipated completion of design and construction phases of projects, integrating all reviews and approvals as may be required by City and other regulatory agencies. 4. Coordinate preparation and completion of Request for Authorization (RFA) for Construction package on federally funded projects for submittal to Caltrans. 5. Package bid documents for advertising. 6. Coordinate with project design consultant in responding to relevant questions during bid phase. Issue addenda as necessary to address these questions or clarifications. 7. Review and evaluate bids received and submit recommendation to award to lowest responsible bidder. Construction Phase 1. Arrange and conduct Pre-Construction meetings, inviting general contractors and project stakeholders. Prepare minutes of Pre-Construction meetings for distribution to all attendees. 2. Provide and maintain sufficient field personnel to administer and manage construction contracts. 3. Review construction schedules, including activity sequences and duration, schedules of submittals and delivery schedules of long lead materials and equipment. Review contractor’s updates and revisions as may be required to reflect actual progress of work. 4. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, requests for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees.   Packet Pg. 240 1. Perception Approach 1.4 Proposal Capital Improvement Program (CIP) Programmatic Services 5. Process contractor’s submittals for project design consultant’s review and approval. 6. Process and track RFIs, submittals, shop drawings, proposed change orders and revisions. 7. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City. 8. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M). 9. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals. 10. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing, etc.) that may be hired or selected for the projects. 11. Coordinate with project design consultant in response to contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications. 12. Establish and implement job safety procedures in compliance with CAL-OSHA requirements. Monitor contractor’s compliance with established safety program, respond to deficiencies and hazards, and investigate and report on accidents. 13. Track quantities of work completed for progress payments. Develop and implement procedures for review and processing of progress payment applications. Assist City with review and certification for payment. 14. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements. 15. Perform quality assurance reviews on a regular basis and recommend changes, as necessary. 16. Comply with federal and state grant funding requirements. Assist City in preparing and processing reimbursements. 17. Maintain a complete project filing system. Filing system shall be in accordance with Section 16.8 (Chapter 16) of the Caltrans LAPM. Post-Construction Phase 1. Evaluate completion of work and recommend to City when work is ready for final inspection. 2. Conduct final inspection/walk through with City staff, maintenance/service personnel and project design consultants. 3. Issue preliminary and final punch lists, including schedules for punch list completion. Monitor and follow through until completion of all punch list items. 4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties and other documents as stipulated in contract documents. 5. Review and process contractor’s requests for final payment and release of retention. 6. Coordinate preparation and submittal of as-built drawings. 7. Deliver project files to City. Transtech Comment: • One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. Several of our senior staff members have previously worked for Public Agencies in various capacities, such as Public Works Director, City Engineer, City Traffic Engineer, CIP Manager, Building Official, Planner, and various other capacities. • We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.   Packet Pg. 241 1. Perception Approach 1.5 Proposal Capital Improvement Program (CIP) Programmatic Services 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy PROJECT DELIVERY, PLANNING AND EXECUTION APPROACH: Project delivery, on time and on budget, may involve the process steps listed below: • Active involvement early in the project and a thorough understanding of the agencies goals and objectives. • Management of scope and quality (i.e., is the available budget and the desired scope consistent and feasible?). • Identify deliverables, phasing, and overall project schedule. (This specifically includes project closeout procedures. Never wait until the last minute to define expectations for project completion.) • Creation of a basic work breakdown structure. (This is also the time to consider potential alternatives.) • Identification of the critical activities and the required path from beginning to successful completion. • Assembly of necessary and effective team members. • Identify the owner of the project and the project point of contact. • Identification of critical stakeholders and definition of their respective roles. • Establish the total project budget and the total project schedule. • Identification of milestone events required to evaluate and/or verify project performance. • Identify, assesses likelihood, mitigate, and assign potential risks. • Define quality control procedures, including code required special inspection and testing. • Define quality assurance procedures, including review and acceptance of special inspection reports and testing results. • Monitor costs against the established budget and guard against unfunded scope creep. • Monitor actual progress against the established project schedule. To be cost effective, the management of projects should be tailored to the actual project. Steps and processes that are required for some projects are not necessarily required to all projects. For the same reason, staffing should be tailored to meet the needs of the specific project, and available staffing should be shared among multiple projects where increased efficiency can be achieved. STRUCTURED APPROACH: We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with an efficient and quality product. We have established guidelines and policies on quality control, project management, and procedures. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements. The following paragraphs describe our general approach to deliver projects in an efficient and cost-effective manner: • Project Management: Our approach is to provide proactive management and attempt to identify potential issues and problems in advance and take corrective actions before they become problems. This requires extensive hands-on knowledge, experience and management skills of the people involved in managing the project. Our team members have extensive experience and proven track record in managing large and complex projects and bringing them to a completion on time and within budget. • Approach to Cost Control and Change Orders: We evaluate project costs and develop feasible mitigation measures to minimize additional costs. We work as a team to solve problems or make modifications in the field to address unforeseen conditions or owner generated changes in a cost-effective manner. • Approach to Scheduling and Timely Completion of Project and Schedule Recovery: The baseline schedule should properly identify the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans. • Management of Documents: We use an electronic file management system. All construction forms, daily dairies, weekly statement of working days, etc. are stored in our electronic file system, and are per Caltrans documentation system. We provide these documents at the end of the project to the client in organized files as well as pdf files.   Packet Pg. 242 1. Perception Approach 1.6 Proposal Capital Improvement Program (CIP) Programmatic Services • Safety and Security: We hold meetings with the contractor to review and discuss safety and security requirements, OSHA conformance, emergency security and safety procedures, and enforce security and safety responsibilities. • Funding Closeout: We prepare necessary closeout documentation required by the funding agencies, submit final reimbursement documentation, follow-up on the reimbursements, and final funds balance report. • Project Closeout: We recognize that closeout is an important part of the construction process. It signifies that the new facility structure is ready to use. We methodically handle all closeout tasks to ensure a smooth transition from construction to occupancy. • Methodology for Communication to Inform City on Work Progress: Key project team members will attend periodic project progress meetings with City staff throughout the project duration. • Electronic common project information and file sharing platform: We create and provide access to project participates a common project information and file sharing platform. DUE DILIGENCE ACTIVITIES AND MEASURES: Following are description of the due diligence activities and measures that maybe considered to avoid/minimize the occurrence/impacts of unforeseen conditions: • In our view, due diligence is related to, but distinctly different from quality control and/or quality assurance. Due diligence, in this context, is the care and effort during all project phases, from project planning, design thru construction. • Effective project controls part of the diligence activities, and lead to developing efficient measures and resolutions, and play an important role to keep complex projects on track. They help teams and stakeholders identify emerging risks early, before they become expensive, time-consuming problems. With advance warning, these issues can be mitigated or avoided altogether. Project controls also give the project team the data they need to set realistic expectations, and plan and manage the project with efficiently. • Also, when an unforeseen condition occurs, it is important to quickly assess the potential impact of such condition on the schedule and project’s critical path, and deal with the issue accordingly. For example, an unforeseen condition that may lead to potential delay and delay claims (in addition to direct construction work cost related to the condition), would have high priority, and may require to proceed with the work under specific monitoring of this specific work separately, while the facts and responsibilities are sorted out, and an appropriate change order is finalized. • Identifying potential construction risks prior to the start of construction can lead to success. During preconstruction, review of construction and contract documents in an effort to identify risks or concerns prior to the start of construction, will minimize the potential of unforeseen conditions.. APPROACH/STRATEGY FOR MANAGING, NEGOTIATING, AND INCORPORATING CHANGES IN PROJECT SCOPE A number of different factors can influence the development of Change Orders on projects, which can result from either foreseen or unforeseen conditions and may include: • Design Modifications • Errors and Omissions • Changed Conditions • Additional/Reduced Work Scope • Owner-Directed Schedule Acceleration or Slowdown • Work Sequencing • Adjustments to Unit Pricing • Force Majeure Delays • Added Cost Incentives • Delayed, Denied, or Restricted Access to a Project Site • Inappropriate Rejection of the Contractor’s Work • Delays to Owner-Supplied Services and Materials Our approach and strategy is structured based on minimizing cost and schedule impacts, while evaluating change orders in a timely, fair and equitable manner.   Packet Pg. 243 1. Perception Approach 1.7 Proposal Capital Improvement Program (CIP) Programmatic Services Initial evaluation of a change order request may include various elements: • Is it already covered in the contract? • Is it necessary to complete the work? • Impact on the planned work? • Will it affect or change the contractor’s planned method of performing the work? • Will it cause a work-character change? • Impact on the contract time? • Methods of payment? • Are there sufficient contingency funds? If not, can additional funds be obtained soon enough to prevent delays? • Impacts on any regulatory conditions, permits, utilities, etc.. Initial documentation may include: • A memorandum explaining and justifying (or rejecting) the change order For many change orders, the following documents may be prepared: • Architect/Engineer of Record stamped, signed and dated revised plan sheets and Specifications, when applicable. • Cost estimate calculations supporting any agreed prices • A time impact analysis justifying any time extensions Change Order Backlog may be maintained in 2 main categories: • Undisputed. Includes potential Change Orders that are not in contention and their processing is delayed because of inadequate administrative support, procedures, or funding. • Disputed. There are two reasons for a potential Change Order to be disputed. o In the first case, the owner and the contractor are unable to come to an agreement that the scope of work that is identified in the potential Change Order actually represents a change to the contract scope. o In the second case, the owner and the contractor both agree that the work scope is a change to the contract scope of work, but are unable to agree on the value or cost of the potential Change Order and/or its time impact. For potential Change Orders that are disputed, the approval and compensation may be delayed. The issues, if they are ignored or unresolved, can later become claims. Our approach to change order negotiations and resolution includes: • Establishing the method by which the Change Order will be priced, which usually dictates the level of negotiation that may be required to resolve the additional costs and time. • Depending on the amount, complexity, potential impacts, preparation of an independent cost estimate and a time impact analysis. Depending on our involvement in various project phases, we suggest consideration of following items to minimize change order potentials and impacts on the project when a change order is implemented: • Design Phase: o Constructability reviews and value engineering program to assess the feasibility of the project’s design and defined work scope. o Change order procedures. o Change management process. o Avoid delaying the approval of changes that will ultimately be approved. This tactic results in the changes being pushed to later in the project where they become more costly to implement. It is a misconception to believe that the issues related to Change Orders resolve themselves. o Authorization for a change should be mandatory before implementation, regardless of the type of agreement or contract. Authorization should be timely and decisive.   Packet Pg. 244 1. Perception Approach 1.8 Proposal Capital Improvement Program (CIP) Programmatic Services • Contract Award Phase: o Evaluation of contractor’s bid proposal to ensure that the documents are complete and that the cost and schedule reasonably represent the scope objectives and timelines required for the project. • Construction phase: o Budget and schedule baseline control. o Processing, approving, and executing Change Orders in a timely manner to avoid disputes and claims that may affect the progress and completion of the project. Change Order Documentation: • Change orders should be prepared in a clear, concise, and explicit manner. A change orders should be easily understood by third parties reviewing it what work was performed without further explanation. Communicate with Parties Involved: • Discus the reason for the requested change and how it will be managed. Disputes over change orders can be magnified is not properly managed. • Define the new scope of work and discuss how it will impact the current construction schedule and performance. • Keep everyone updated on the change order process. • Minimize the potential of disputes and claims by documenting change order process in detail. When applicable, show change order on as-built drawings: • The contractor is typically required to mark up the contract drawings with the as-built details. This should also include the revisions that were addressed and approved in the Change Order documents. • Have the Architect/Engineer of Record review the level of detail and progress of the contractor’s as- built drawings periodically so that any deficiencies can be addressed in a timely manner. Approach to efficient change order resolution: • For the negotiations to be successful, it is important that the owner and the contractor be objective in their analysis of the cost and time to complete the work scope that is defined by the potential Change Order. Frequently, the process suffers because of differing personalities and from heightened emotions. To be productive, the focus of the negotiations should remain on the factual circumstances that are related to the Change Order. • During negotiations, disagreements are often experienced, which can impede the progress for finalizing the Change Order. It is important to actively resolve any disputes as they develop so that an accord between parties can be reached in a timely manner. This attention by the parties will help to minimize the filing of claims on a project. • It is advantageous to both the owner and the contractor that potential Change Orders on a project are processed in a fair, equitable, and timely manner. The failure to do so most often results in an increased probability of extended disputes and claims between the owner and the contractor. Project Partnering: Based on project’s size and complexity, Project Partnering may also be considered: • Partnering is a relationship between the owner and the contractor, formed in order to effectively complete the contract to the benefit of both parties. Through trust, cooperation and teamwork, the goal is to resolve conflicts at the lowest possible level. • Generally, the costs related to Project Partnering are shared between the owner and the contractor. If formal Project Partnering is desired, it should be specified in the contract specifications. Informal partnering may also be beneficial and does not require contract provisions to be implemented. PROJECT CONTROL SYSTEMS: Project controls are essential to keep complex construction projects on budget and on time. They help teams   Packet Pg. 245 1. Perception Approach 1.9 Proposal Capital Improvement Program (CIP) Programmatic Services and stakeholders identify emerging risks early, before they become expensive, time-consuming problems. With advance warning, these issues can be mitigated or avoided altogether. Project controls also give leadership the data they need to set realistic expectations, manage subcontractors, and plan with confidence. During the course of a project, program and project managers use controls to monitor time and cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate onsite execution with the milestones established during the design, procurement, entitlement, and pre- construction stages. The benefits of project controls are many. When they are put in place and used appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer claims and costly litigation. Our staff has experience will all of the major document control software systems including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major control software programs work basically the same way, and adapting from one software offering to another has a fairly small learning curve. Because the specific software is generally a choice made by the prime contractor, our staff is ready to partner with any user of any program. That said, not all projects require the ‘fire power’ associated with an expensive, sophisticated control system. Sometimes an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs. VALUE ADDED SERVICE: Because we are a multi-disciplinary service firm and also provide plan check and inspection among many services to many local agencies, we can also supplement/support Agency plan check and inspection staff, if needed, for code required plan check and inspection efforts. CUSTOMER CARE AND RESPONSIVE SERVICE APPROACH:  Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction.  All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.  Transtech also provides a 24-hour emergency contact number to its clients.  Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, including responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Responsiveness is an integral part of Transtech’s “Customer Care” service approach.  Our Contract Principal will meet with the Client’s Project Manager frequently for service evaluation and address any areas for improvements.  Responsiveness is an integral part of Transtech’s “customer friendly” service approach. While our service is always on an “as needed” basis, our responsiveness is on “full-time” basis.  Transtech understands the importance of being able to expedite certain projects, when requested, by the City. Transtech has sufficient staff and resources to expedite projects.  We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements.  Transtech is an ISO 9001 certified firm in Quality Management Systems, this certification is based on a number of quality management principles including a strong customer service focus.   Packet Pg. 246 Proposal Section 2 Methodology Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 247 2.. Methodology 2.1 Proposal Capital Improvement Program (CIP) Programmatic Services 2. Methodology 1. Clearly state the methodology to be used in completing the Scope of Services 2. Provide QA/QC plan to ensure quality control for the duration of the project 1. Clearly state the methodology to be used in completing the Scope of Services CONTRACT ADMINISTRATION APPROACH (CALTRANS LAPM): Current Version of LAPM is published with updates in January 2023. For construction contract administration, we follow guidelines described in Caltrans Local Assistance Procedures Manual (LAPM). Maintaining complete and accurate files is a very important aspect of managing federally funded projects. Generally, whenever the local agency is unable to produce requested data or information, it is assumed by reviewing personnel that the required actions were either never performed or not properly recorded. Organized project files can minimize these negative assumptions. Organization and content of the project file is one indicator of effective and efficient management of the project by the resident engineer. LAPM has been prepared to aid California local agencies scope, organize, design, construct and maintain their public transportation facilities when they seek Federal Highway Administration (FHWA) funded federal- aid or state funding. This manual describes the processes, procedures, documents, authorizations, approvals and certifications, which are required in order to receive federal-aid and/or state funds for many types of local transportation projects. The Local Assistance Procedures Manual (LAPM) is intended to assist California Local Public Agencies (LPAs) scope, organize, design, construct, and maintain local public transportation facilities utilizing Federal Highway Administration (FHWA) federal-aid or state funding. The LAPM describes the required processes, procedures, documents, authorizations, approvals, and certifications to receive federal-aid and/or state funds for many types of local transportation projects. The LAPM is intended to be used in conjunction with the Local Assistance Program Guidelines (LAPG). The LAPG describes each of the federal-aid and state-funded Local Assistance programs and the requirements   Packet Pg. 248 2.. Methodology 2.2 Proposal Capital Improvement Program (CIP) Programmatic Services for obtaining project funding for these individual programs Projects utilizing only state funds require less oversight and review than those with federal-aid funds. Not all of the processes described in the chapters of this manual apply to these projects. LAPM Chapters 1, 2, 3, 4, 5, 10, and 17 apply in whole, or in part, to these projects. The LAPG further defines these programs. In addition to Chapter 16 of LAPM, several other chapters will be applicable to the tasks that will be performed by the selected Program Management Consultant on Federally and State Funded projects. Following is a summary of LAPM Chapters, which maybe applicable to various project phases where guidelines and requirements included in LAPM Chapters will have to be followed: o Chapter 2: Roles and Responsibilities defines the roles and responsibilities for the various entities involved in developing a local assistance project. o Chapter 3: Project Authorization describes the process to obtain project authorization and fund obligation required for each phase of a federal-aid project. o Chapter 4: Agreements describes the agreements needed between the LPA and the State and between the State and FHWA to obtain reimbursement of funds. o Chapter 5: Invoicing describes the general accounting procedures necessary to receive reimbursement for work done in any phase of the project. o Chapters 6-8: Environmental Procedures, Field Review, and Public Hearings discuss the project initiation and environmental procedures needed to bring a project to the stage at which the LPA decision-makers commit the project to final design and implementation. o Chapter 9: Civil Rights and Disadvantaged Business Enterprises describes the requirements for establishing and reporting DBE program and project goals. This process may be necessary during the initial project stage, or may not be required until a later phase. o Chapter 10: Consultant Selection describes the requirements for selecting and hiring consultants to perform project activities. o Chapters 11 & 12: Design Guidance and Plans, Specifications, & Estimate describe the design standards to be used and the Plans, Specifications and Estimate (PS&E) development necessary to bring the project to the advertising and construction stage. o Chapters 13 & 14: Right of Way and Utility Relocations describe the procedures used to acquire right of way or relocate utilities. o Chapters 15-17: Advertise and Award Project, Administer Construction Contracts, and Project Completion describe the procedures from advertising through construction administration, project completion, and completion of the final reports. o Chapter 18: Maintenance describes the ongoing maintenance responsibilities and activities needed to assure that the project remains a functional public asset, and the related inspection and reporting requirements. o Chapter 19: Reserved for future use. o Chapter 20: Audits and Corrective Actions describes the expectations, roles, and responsibilities for audits conducted by the Caltrans Internal Audits Office (CIAO) or the Independent Office of Audits and Investigations (IOAI). ARPA FUNDS: The U.S. Department of Treasury used the standard Community Development Block Grant (CDBG) formula for determining the allocation of funds to metropolitan cities. The U.S. Treasury issued an Interim Final Rule with guidance on the funding allocation methodology, distribution process, and reporting requirements. Transtech is also providing assistance to its contract Cities for the administration of these funds. CIP MANAGEMENT: Transtech manages Capital Project Program and maintains CIP Matrix and Schedule for various contract Cities. The CIP Matrix includes a detailed tracking info for each CIP, as well as a high-level project schedule status in bar chart format for various project phases. The CIP Matrix is updated frequently, and project status is presented to City Management at management meetings, as well as to City Council when directed by the City Management.   Packet Pg. 249 2.. Methodology 2.3 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 250 2.. Methodology 2.4 Proposal Capital Improvement Program (CIP) Programmatic Services PROJECT CONTROL SYSTEMS: Project controls are essential to keep complex construction projects on budget and on time. They help teams and stakeholders identify emerging risks early, before they become expensive, time-consuming problems. With advance warning, these issues can be mitigated or avoided altogether. Project controls also give leadership the data they need to set realistic expectations, manage subcontractors, and plan with confidence. During the course of a project, program and project managers use controls to monitor time and cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate onsite execution with the milestones established during the design, procurement, entitlement, and pre- construction stages. The benefits of project controls are many. When they are put in place and used appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer claims and costly litigation. Our staff has experience with various document control software systems including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major control software programs work basically the same way, and adapting from one software offering to another has a fairly small learning curve. Because the specific software is generally a choice made by the prime contractor, our staff is ready to partner with any user of any program. That said, not all projects require the ‘fire power’ associated with an expensive, sophisticated control system. Sometimes an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs. Transtech has a proven track record for completing projects on time. As part of our role as Project Managers is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm it is in compliance with the original schedule and that related coordination with external/3rd parties/regulatory agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the original schedule, we take appropriate actions to avoid potential delays. Our approach to Scheduling and Timely Completion of Project and Schedule Recovery includes having the contractor prepare a baseline schedule, which identifies the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans. ISSUES TRACKING SYSTEM: An issue tracking system provides an easy way to document issues, assign responsible party, and view the status of how the issue resolution is progressing. Complete documentation of issues is critical to mitigate risks on current projects and prevent similar issues on future projects. When issue tracking is integrated with the project management system, all documentation, and communications related to the project become centralized to provide complete transparency into project status. Key components of effective issue tracking are: • Date the issue was identified. This is important to document when the issue was first identified and how long an issue is open. Issues that have long resolution times could be further investigated by performing a root cause analysis. • Description. A thorough description of the issue along with potential impacts to a project should be noted. Including pictures or video along with pertinent annotations is vital to provide a visual reference to the issue documentation. • Issue Priority. When multiple issues need attention setting a priority of Low, Normal, or High will accurately present the hierarchy of which issues are most critical to impacting project success or need immediate resolution due to safety issues. • Responsible Party. By assigning the person(s) responsible for resolving the issue (e.g., in the issue tracking system) provides accountability. The transparency of an issue tracking system allows for the responsible parties to be held accountable for completing tasks and keeping the project moving forward.   Packet Pg. 251 2.. Methodology 2.5 Proposal Capital Improvement Program (CIP) Programmatic Services • Due Date. The issue tracking system should provide the ability to set reminders for those tasks to ensure that due dates do not get missed which could jeopardize project closure dates. Setting reminders of due dates ensure that no tasks slip through the cracks! • Status. The visibility of issue status is essential for all project stakeholders to know if any progress is being made. If there are bottlenecks or further approvals needed, it is important that these items be documented and a plan of action created to resolve the issue. Main benefits of an effective issues tracking system are: • Lesser chance of delays; Enhanced operation visibility; More informed decision-making; Improved accountability; Prevents misunderstanding; Faster formulation of contingency plans; Improved accountability. Following is a snap shot of issues tracking documents on a recent project Transtech s managing. The project status and issues are discussed at weekly meetings with involved parties. Following is a screen shot of weekly meeting for the same project. EXAMPLE OF ISSUES TRACKING DOCUMENT - C BLOCK DESIGN-BUILD PARKING STRUCTURE, CITY OF ONTARIO SAMPLE SCREEN SHOT OF WEEKLY CONSTRUCTION MEETING ON LINE, PROJECT STATUS DISCUSSIONS AND REPORTING: DOCUMENT ON PROCORE   Packet Pg. 252 2.. Methodology 2.6 Proposal Capital Improvement Program (CIP) Programmatic Services These weekly meetings also include review of 3-week look-ahead schedule. Following is a screen shot of weekly meeting for the same project discussing 3-week look-ahead schedule. SAMPLE SCREEN SHOT OF LOOK AHEAD SCHEDULE UPDATE, WEEKLY CONSTRUCTION MEETING ONLINE: SCHEDULE ON PRIMAVERA   Packet Pg. 253 2.. Methodology 2.7 Proposal Capital Improvement Program (CIP) Programmatic Services Project Schedules: Transtech has a proven track record for completing projects on time. As part of our role as Project Managers is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm it is in compliance with the original schedule and that related coordination with external/3rd parties/regulatory agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the original schedule, we take appropriate actions to avoid potential delays. Our approach to Scheduling and Timely Completion of Project and Schedule Recovery includes having the contractor prepare a baseline schedule, which identifies the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans. Below are samples of schedules we work with. SAMPLE PROJECT SCHEDULES, WHICH INCLUDES PROJECT PROGRAMMING/PLANNING, DESIGN, CONSTRUCTION   Packet Pg. 254 2.. Methodology 2.8 Proposal Capital Improvement Program (CIP) Programmatic Services SAMPLE OF CONSTRUCTION SCHEDULE-PRIMAVERA FOR A LARGE CONSTRUCTION PROJECT (WASHINGTON BL $38M) SAMPLE CONSTRUCTION SCHEDULE (SINGLE NTP AND SINGLE MOVE-IN   Packet Pg. 255 2.. Methodology 2.9 Proposal Capital Improvement Program (CIP) Programmatic Services SAMPLE CONSTRUCTION SCHEDULE (MULTI NTP AND MULTI MOVE-IN SAMPLE 3-WEEK LOOK-AHEAD SCHEDULE SAMPLE HOUR BY HOUR SCHEDULE FOR NIGHT-TIME AND WEEKEND WORK   Packet Pg. 256 2.. Methodology 2.10 Proposal Capital Improvement Program (CIP) Programmatic Services Following are sample schedules for DB (Design-Build) Projects: Sample DB Delivery Schedule / Process   Packet Pg. 257 2.. Methodology 2.11 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 258 2.. Methodology 2.12 Proposal Capital Improvement Program (CIP) Programmatic Services Sample DB Delivery Schedule / Design and Construction   Packet Pg. 259 2.. Methodology 2.13 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 260 2.. Methodology 2.14 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 261 2.. Methodology 2.15 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 262 2.. Methodology 2.16 Proposal Capital Improvement Program (CIP) Programmatic Services 2. Provide QA/QC plan to ensure quality control for the duration of the project We believe that quality control is the setting of minimum standards and/or quality requirements for the specific project. Quality assurance is the means by which the quality control measures will be monitored and/or enforced. We also believe that quality control and quality assurance measures need to be developed jointly with the client. To effectively establish quality control measures, we must understand the County’s specific expectations and/or level of desired quality for the specific project. Once the expectations have been defined, and the quality control measures established, the quality assurance measures can be established. A significant part of establishing the quality assurance measures includes the timing of the measure. QC/QA can only be effective when the measures are applied and/or evaluated in a timely manner. Depending on a project’s size, complexity and the owner’s requirements, Quality Management may include various elements: 1. Program Elements o Policy and Procedures o Goals and Objectives o General Quality Management o Roles and Responsibilities o Approvals and Reviews o Document Control o Process Improvement o Project-Specific Quality Management Plan 2. Preconstruction (some activities may not apply) o Review of Plans and Specifications o Quality standards  Review Requirements  Clarify Any Ambiguity  Samples or Mockups o Constructability Reviews o Documenting Existing Conditions o Material Management o Subcontractor factors o Testing 3. Construction Operations o Zero Defect Program o Quality Assurance Administration o Roles and Responsibilities o Inspection and Testing Plan o Quality Assurance(QA) Process 4. Closeout o Closeout Procedures  As Builts  Punch List Work Management o Systems Turnover Process  Startup  Testing of Systems  Training of Personnel   Packet Pg. 263 2.. Methodology 2.17 Proposal Capital Improvement Program (CIP) Programmatic Services  Documentation  O&M Manuals o Final Acceptance o Postconstruction, Warranties, Warranty Management During construction, an effective Quality Assurance Program will ensure the materials and workmanship incorporated into project conform to the requirements of the contract plans and specifications including approved changes. The main elements of a Quality Assurance Program are: • Acceptance program • Independent assurance program.   Packet Pg. 264 Proposal Section 3 Key Personnel Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 265 3. Key Personnel 3.1 Proposal Capital Improvement Program (CIP) Programmatic Services 3. Key Personnel This section of the proposal shall be formatted as follows: 1. Experience of key personnel 2. Responsibilities to be assigned 3. Amount of each individual’s time to be allocated 4. Subconsultant(s) to be used (if any) 5. Resumes of key personnel 6. Project organization chart 1. Experience of key personnel Professional Licenses by Board for Professional Engineers, Land Surveyors, and Geologists Transtech Staff Members possess Professional Engineer Licenses in various engineering categories (i.e. Civil Traffic, etc.) ICC Certifications: Licenses and Certificates of the Firm and Staff Members in Diversified Fields: Transtech staff members have extensive experience and in-depth knowledge of applicable codes and regulations. Our staff members are certified by the International Code Council (ICC). We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies. Following are various ICC certifications held by various staff members: Building Official Certifications:  Certified Master Code Professional  Building Code Official  Building Official Plan Check Certifications:  Residential Building Plans Examiner  Commercial Building Plans Examiner  California Building Plans Examiner  Certified Sustainability Professional  CalGreen Plans Examiner  Accessibility Plans Examiner  Commercial Energy Conservation Plans Examiner  Residential Plans Examiner  Mechanical Plans Examiner  Plumbing Plans Examiner  Electrical Plans Examiner State of California Safety Assessment Program:  CalOES SAP Evaluator Inspection Certifications:  Combination Inspector  Commercial Building Inspector  Residential Building Inspector  Accessibility Inspector  Commercial Energy Conservation Inspector  Electrical Inspector   Packet Pg. 266 3. Key Personnel 3.2 Proposal Capital Improvement Program (CIP) Programmatic Services  Commercial Electrical Inspector  Residential Electrical Inspector  Residential Energy Conservation Inspector  Residential Building Inspector  Residential Mechanical Inspector  Mechanical Inspector  Commercial Mechanical Inspector  Plumbing Inspector  CalGreen Inspector  Building Inspector CBC  Building Inspector UBC  Plumbing Inspector UPC  California Building Inspector  California Commercial Plumbing Inspector  California Residential Mechanical Inspector  California Residential Mechanical Inspector Additional Inspection Certifications:  IAPMO Plumbing, Mechanical Inspector  Fire Code Inspector  Fire Inspector II  California UST Inspector Permit Technician Certification: Permit Technician CACEO Certified Code Enforcement Officer California State Fire Marshall Certifications: Certified EMT1 (AED Certification), Driver Operator 1A, Driver Operator 1B, Driver Operator, Command 1A, 1B, 2A, Firefighter 1, 2, Hazardous Materials First Responder, Instructor 1A, 1B, Investigation, 1A, Management, 1, Prevention, 1A, 1B, 1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290, S-130, S-190, PC832 with Firearms. Fire control 3, S-230 S-231 S-215, Fire Safety Officer FEMA: IS 100, 200, 241, 242, 275, 700, 288, 800, 08-A, 1900  Also, our plan check engineers, who review maps and engineering plans are licensed as professional engineer by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG).  In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies. Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety: • Chair; ICC Sustainability Membership Council • Chair; ICC LA Basin Chapter Inspection Committee • Commissioner; ICC Codes & Standards Council • Commissioner; CALBO Green Committee • Commissioner; ICC/CALBO CA Exam Committee • Commissioner; CALBO Outreach/Communications Committee • ICC Los Angeles Basin Chapter Board of Directors • ICC Building Officials Membership Governing Council • ICC Code Development Committee Vice Chair • ICC Technology/Web Advisory Group • IAS Accreditation Committee • ICC LA Chapter Accessibility Committee • Commissioner; CALBO State Licensing Boards Committee   Packet Pg. 267 3. Key Personnel 3.3 Proposal Capital Improvement Program (CIP) Programmatic Services 2. Responsibilities to be assigned As shown in Section ”6. Project Organization Chart” responsibilities to be assigned are structured in following main responsibility categories: Main Responsibility Category Name Contract Principal Ahmad Ansari, PE Principal/Supervising Program Manager Okan Demirci. PE, QSD, QSP SR. LEVEL PROGRAM MANAGEMENT AND TECHNICAL SUPPORT STAFF Azita Fakoorbayat, PE Sr. Engineer/Project Manager John Oskoui, PE Sr. Engineer/Project Manager Michael Ackerman, PE, QSD, QSP, QISP Sr. Engineer/Project Manager Ziad Y. Mazboudi, PE, QSD, QSP, CPSWQ Sr. Engineer/Project Manager Carlos A. Pineda, PE, QSD, QSP, LEED Sr. Engineer/Project Manager Mohammad Mostahkami, PE Sr. Engineer/Project Manager David Ragland, PE, PLS, QSD, QSP Sr. Engineer Technical Review Support for Engineering Projects Norman Caesar M. Baculinao, PE, TE Sr. Engineer Technical Review Support for Traffic Signal Systems Projects Bahman Janka, TE Sr. Traffic Engineer Technical Review Support for Traffic and Transportation Eng/Planning Projects Jeffrey Kao, PE, CBO, CASp Sr. Engineer Technical Review Support for ADA Projects/Compliance Dennis Tarango, CBO, CSP ICC Building Official Technical Review Support for Vertical Projects Michael Roberts, CBO, MCP ICC Building Official Technical Review Support for Vertical Projects LOWER TEAR PROGRAM MANAGEMENT AND TECHNICAL SUPPORT STAFF Ivan Daza, EIT Associate Engineer Project Management/RE/Office Engineering Support Brian Cervantes Associate Engineer Project Management/RE/Office Engineering Support Leonardo Martinez Associate Engineer Project Management/RE/Office Engineering Support   Packet Pg. 268 3. Key Personnel 3.4 Proposal Capital Improvement Program (CIP) Programmatic Services Anthony Bendezu Associate Engineer Project Management/RE/Office Engineering Support Furkan. Cetinkale Associate Engineer Project Management/RE/Office Engineering Support Craig M. Wheeler Sr. Construction Manager/Inspector Field Review Support Jeffrey Hirsh Sr. Construction Manager/Inspector Field Review Support Robert Garcia Sr. Inspector Field Review Support James Pagani, DSA Certified Accessibility Specialist, CHST Sr. Inspector Field Review Support QC/QA OVERSIGHT STAFF Ali Cayir, PE Principal Principal, PM/QC/QA Support Mohammad Pasebani, PE Sr. Engineer LAPM Compliance PM/QC/QA Oversight Ali F. Zaghari, PE, PMP Sr. Engineer Caltrans Involved Projects Coordination PM/QC/QA Support/Oversight Craig Melicher, PE Vice President PM/QC/QA Support Please see ”5. Resumes of key personnel” for qualifications of above staff. Transtech has a qualified team with large pool of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As demonstrated in our proposal, our team has a high level of experience and capability to provide the services with proactive leadership and good planning and management practices. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel. 3. Amount of each individual’s time to be allocated The RFP states: Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs. As required in the RFP, we provided an estimated time and budget allocation in Proposal Section 6. Budget / Fee.   Packet Pg. 269 3. Key Personnel 3.5 Proposal Capital Improvement Program (CIP) Programmatic Services 4. Subconsultant(s) to be used (if any) Transtech has in-house staff to provide Program Management Services. In addition, our team includes specialty subconsultants to complement our team and services, and provide technical specialty support if/when needed: • Funding / Labor Compliance Support: AVANT GARDE, Inc. (DBE/WBE Firm); www.agi.com.co:Established 15 years ago, Avant-Garde is a progressive full-service public agency firm. The firm is working with various programs and projects throughout the entirety of Southern California, including counties of Los Angeles, Riverside, Orange, and San Bernardino. Transtech works with Avant-Garde exclusively in many Cities for the administration of Fed Funds and Labor Compliance. Transtech has worked with this subconsultant before. • Geotechnical Reports Review Support: GEO-ADVANTEC, Inc. www.geoadvantec.com : Geo-Advantec offers comprehensive services in various areas from site feasibility evaluation thought project completion for a wide range of projects and services, which include: Geotechnical Eng.; Eng. Geology; Geotechnical Earthquake Eng.; Geotechnical Instrumentation; Pavement Eng.; Forensic Geotechnical Eng.; Grading Monitoring and Field Testing; Soils & Materials Laboratory Testing; Special Inspection Services. Geo-Advantec owns a certified laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in conformity to the requirements of the AASHTO Accreditation Program (AAP), AASHTO R-18, ASTM D3740 and ASTM E329; CCRL (Cement and Concrete Reference Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of Engineers. Transtech has worked with this subconsultant before. • Landscape Architecture Review Support: LOSTWEST LANDSCAPE, Inc. www.lostwest.com : For over 30 years, Lost West has provided landscape architecture and construction services to a multitude of clients, including public agencies, developers, and institutions. Transtech has worked with this subconsultant before. • Environmental Review Support: IMPACT SCIENCES, Inc. (DBE/WBE Firm); www.impactsciences.com Impact Sciences, a California “S” corporation, certified woman-owned business enterprise (WBE), certified Small Business Enterprise (SBE), and certified Disadvantaged Business Enterprise (DBE), has been preparing environmental documentation since 1988. Founded in Thousand Oaks, California, Impact Sciences has offices strategically located throughout California to provide the strongest support for all public- and private-sector clients. Transtech has worked with this subconsultant before. Transtech has worked with this subconsultant before. • Haz-Mat Reports Review Support: PROPERTY HEALTH, Inc.; www.mypropertyhealth.com Property Health, Inc. (formerly CITY Services, Inc.) has long been a leader in its field, recognized throughout California for its excellent client service, reliability, and effectiveness in the following areas: o Toxic Materials Identification Surveys o Asbestos Consulting Services o Lead-based paint (LBP) identification and consulting o Indoor air quality (IAQ) consulting services / Microbial Investigations o Hazardous Material Abatement management o Regulatory Compliance Audits & Abatement Oversight o Phase I & II Environmental Site Assessments & Investigations o Underground Storage Tank identification, remediation, & regulatory compliance Transtech has worked with this subconsultant before. 5. Resumes of key personnel AHMAD ANSARI, PE, Contract Principal Education • BS in Engineering, MBA Registrations/Certifications • Registered Civil Engineer Highlights Mr. Ansari has over 30 years of past experience in City and County Public Works and has worked at several municipalities in Southern California, including: • City of Moreno Valley- Public Works Director/City Engineer • City of Rialto- Public Works Director/City Engineer   Packet Pg. 270 3. Key Personnel 3.6 Proposal Capital Improvement Program (CIP) Programmatic Services • City of Perris- Public Works Director • City of Pomona- Deputy Public Works Director/Assistant City Engineer. He has managed CIP Programs and Public Works Operations, and served as the responsible in charge of numerous multi-disciplinary teams, including: • Capital Improvement Program project management and delivery • Real Property/Right of Way acquisition and management • Traffic and Transportation engineering • Private Development/Entitlement process review and approval • Maintenance and Operations including roads, storm drains, sewers, parks, facilities, traffic signals, signs/striping, fleet • Special Districts, Landscape/Lighting Assessment • Electric Utility OKAN DEMIRCI, PE, QSD, QSP, MBA, Principal/Supervising Program Manager Education • BS in Engineering Registrations/Certifications • Registered Civil Engineer • Caltrans Resident Engineer Academy Highlights Mr. Demirci has approximately 12 years of experience. Mr. Demirci serves as Assistant Public Works Director, City Engineer, CIP Program Manager at Transtech’s Contract Cities and provides technical and management support. Mr. Demirci completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). Mr. Demirci works as CIP Program Manager at various Transtech’s Contract Cities, and manages various capital improvement programs including state and federal funded programs. Mr. Demirci’s experience also includes working as Resident Engineer, Project Manager and Construction Manager on various projects (including federal and state funded projects). He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Examples of his project experience includes: • City of Chino, CIP Program Manager • City of South El Monte, CIP Program Manager • City of Monterey Park, CIP Program Manager • City of Commerce, CIP Program Manager • City of Temple City, CIP Program Manager • City of Cudahy, CIP Program Manager MOHAMMAD PASEBANI, PE, Sr. Engineer, LAPM Compliance PM/QC/QA Oversight Education • MS, in Civil Engineering Registrations/Certifications • Registered Civil Engineer Highlights Mr. Pasebani has over 35 years of experience. Before retiring approximately 3 years ago, his career path included a number of positions in Caltrans, with last position being Senior Transportation Engineer , responsible for oversight of Federally Funded projects in Varying number of agencies in the counties of Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident Engineer Academies and Seminars/Workshops designed for Local agencies. • 2013-2020 Cal Trans HeadQuarters o Senior Construction Oversight Engineer on Federally Funded projects in Los Angeles, Ventura and San Bernardino Counties o On interim Basis, acted as the office chief for the office of Project Development and Quality Assurance in 2016 o Conducted construction administration Reviews of over 300 Projects, Conducted agency specific training workshops instructor at the Local Agency Resident Engineer Academy.   Packet Pg. 271 3. Key Personnel 3.7 Proposal Capital Improvement Program (CIP) Programmatic Services • 2012, Dist 07, Los Angeles and Ventura Counties o Senior Construction Claims Manager for District 07 ( Los Angeles and Ventura Counties) • 2010-2012, Cal Trans Headquarter o Senior Construction Oversight Engineer o In collaboration with the Federal Highway Administration, provided Construction Oversight, Reviews and training for the projects funded by the American Recovery Act. • 2000-2010, Dist 07, Los Angeles and Ventura Counties o Senior Area Construction Engineer for Interstate 5 ( Magic Mountain to the County line), Hwy 126 (LA County Segment), Hwy 14 ( LA to San Bernardino County line), Lancaster, Valencia, Palmdale. o Senior engineer on over 50 major projects, the most high profile being post flood and landslide Restoration of Interstate 5 at The Templin Hwy. • 1995-2000, Dist 07, Los Angeles and Ventura Counties o Resident Engineer in various projects , expanding from South Central Los Angeles to the South Bay area, including completion of Double Decker HOV projects at 110 and Various Metro Transit Stations. • 1994, Dist 07, Los Angeles and Ventura Counties o Principal assistant resident engineer in Post-Earthquake Restoration of freeway 10 , at Fairfax and La Cienega segments. o Principal assistant resident engineer in completion phase and opening of freeway 105, El Segundo to Crenshaw segment. • 1998-1994,Dist 07, Los Angeles and Ventura Counties o Assistant resident engineer in various freeway 105 projects. • 1984-1988, Dist 07, Los Angeles and Ventura Counties o Engineer in training, Material's Engineer, and Soil's Technician ALI F. ZAGHARI, PE, PMP, Sr. Engineer, Caltrans Involved Projects Coordination PM/QC/QA Support/Oversight Education • MS, BS in Civil Engineering Registrations/Certifications • Registered Civil Engineer Highlights Mr. Zaghari has over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans). His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director (DDD) for Traffic Operations at Caltrans District 7 in Los Angeles. As a member of District 7 Executive Team, Mr. Zaghari was responsible for policy, development and implementation of the traffic operations assets and the safe mobility of all users of the State Highway System (SHS) consisting of approximately 1500 center miles of freeways and conventional highways in Los Angeles and Ventura counties. He managed an operating budget of approximately $70M encompassing both operations management and capital outlay support needs. The organization under his leadership included critical functions such as Intelligent Transportation Systems (ITS), Traffic Design, District Traffic Manager (DTM), Corridor Management, System Performance, and Encroachment Permits. AZITA FAKOORBAYAT, PE, Sr. Engineer/Project Manager Education • BS in Civil Engineering Registrations/Certifications • Registered Civil Engineer Highlights Ms. Fakoorbayat has over 25 years of experience. She has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Ms. Fakoorbayat’s experience includes working at public agencies, as well as in private consulting. Recent Experience with Transtech’s contract Cities:   Packet Pg. 272 3. Key Personnel 3.8 Proposal Capital Improvement Program (CIP) Programmatic Services Contract CIP Project Manager, City of Chino: As contract CIP Project Manager, coordinate various CIP projects throughout project design phase, including concrete, asphalt, storm drain, sewer, water, grading, traffic signal, accessibility. Conduct design review, PS&E review, constructability and biddability review, and manage design phase of various CIP projects, and manage and coordinate various CIP projects with various design engineers to ensure project design phases are completed within time and budget, and proceed with construction. Public Agency Experience: • Principal Engineer, City of Costa Mesa, CA • As Principal Engineer, perform a broad range of highly complex and professional • Civil Engineer I, Pierce County Public Works Utilities and Transportation • Services, Design Section, Tacoma, WA • Assistant City Engineer, City of Sumner, Sumner, WA Private Consulting Experience: • Senior Project Manager, Afb Group, Laguna Niguel, Ca • Senior Project Manager, Berryman & Henigar, Santa Ana, Ca • Project Manager, CNC Engineering, Newport Beach, Ca • Senior Design Engineer/ Project Manager, Harding Lawson Associates Group Inc., Bellevue, Wa JOHN OSKOUI, PE, Sr. Engineer/Project Manager Education • MS, Structural Engineering, Cal-State Fullerton • BS Civil Engineering, University of North Carolina Registrations/Certifications • Registered Civil Engineer Highlights Mr. Oskoui, has over 35 years of past experience in City and County Public Works and has worked at several public agencies in Southern California: • City of Downey – Assistant City Manager and Public Works Director • Anaheim Union HS District – Director of Planning, Design and Construction • Advanced Applied Engineering – Vice President of City Services • Long Beach Unified School District – Director of Maintenance and Work Control • City of Lynwood – Engineer/Assistant PW Dir/Director of Facilities At Transtech. Mr. Oskoui serves as one of the Sr. Staff members in Transtech’s Municipal Services Team and manages various Capital Improvements Projects. Mr. Oskoui has a broad knowledge of local government operations, including implementation of broad policy goals and strategic programs, and development and implementation of innovative and efficient service delivery models, He has successfully administered and managed complex construction programs including utilization of alternative project delivery methods. Mr. Oskoui is well versed in public outreach and interaction with citizenry groups, committees and stakeholders. Mr. Oskoui has excellent working relationship and rapport with regional and sub-regional governmental/regulatory agencies. Mr. Oskoui’s experience includes working at public agencies, as well as in private consulting. • Assistant City Manager, City of Downey, CA, December 2011- September 2022 • Director of Public Works. City of Downey, CA. July 2010- February 2015 • Director of Planning, Des, Constr. Anaheim Union High School District, CA, July 2007- July 2010 • Vice President of City Services, Advanced Applied Engineering, Brea, CA, July 2004- July 2007 • Director of Maintenance, Long Beach Unified School District, Long Beach, CA, July 1997- July 2004 • Engineer/Assistant PW Dir/Director of Facilities, City of Lynwood, CA, August 1985- July 1997 MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer/Project Manager Education • BS in Engineering Registrations/Certifications • RE Academy, Caltrans   Packet Pg. 273 3. Key Personnel 3.9 Proposal Capital Improvement Program (CIP) Programmatic Services • Water Pollution Control Compliance on Construction Sites for RE, Caltrans • Construction Program Management Workshop, FHWA • Field Office Procedures Course, Caltrans • California Work Zone Inspection – High Speed, Caltrans • Asphalt Concrete Inspection and Rehabilitation Strategies, Caltrans Highlights Mr. Ackerman has over 20 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has served at various Cities under Transtech’s City Engineering Contracts, including Temple City, Huntington Park, and Alhambra. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Mr. Ackerman’s experience also includes working at Caltrans and other agencies: o Caltrans District 8: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he was involved in the design and construction of various projects. • City of San Bernardino: Mr. Ackerman was involved in various projects, including Development Review and Plan Check, Design and Project Management. • City of Huntington Park: Mr. Ackerman worked as contract City Engineer under Transtech’s municipal services contract and later as City Engineer and Interim Director of Public Works under the City. ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, Sr. Engineer/Project Manager Education • BS in Civil Engineering Registrations/Certifications • Registered Civil Engineer, QSD, QSP, CPSWQ, CPESC, LEED AP Highlights Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works, engineering, utilities, development engineering, facilities maintenance, sustainability, environmental programs and project management in both the public and private sector, supported by a strong educational background in civil engineering, geographic information systems, water quality/urban runoff, and environmental programs. His experience includes: • City of San Clemente - PW Department, Deputy Director/Engineering • City of San Juan Capistrano - PW/Utilities Department, Senior Civil Engineer • City of Westminster - PW Department, Associate Civil Engineer/Development Engineer • City of La Habra - PW Department, Assistant Civil Engineer. Special International Projects: • US Green Building Council (www.usgbc.org), Egyptian Green Building Council (EGBC) Represented the US Green Building Council, to assist in the formation of the EGBC. Provided lectures on the role of government in Green Building and on the US Green Building Program, LEED. • USAID International Development Agency (www.usaid.gov), In partnership with USAID and ICMA Kingdom of Jordan Commercial/Industrial Environmental Audit In partnership with USAID and ICMA, developed a training manual for the audit of commercial and industrial facilities in Jordan. CARLOS A. PINEDA, PE, QSD, QSP, LEED, Sr. Engineer/Project Manager Education • BS in Civil Engineering, Registrations/Certifications • Registered Civil Engineer Highlights Mr. Pineda has over 30 years of experience in civil engineering and project management. He has extensive experience working for both private and public sectors. He has participated on numerous multi-disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. He has served as Principal Project Manager for a variety of projects. Public works design experience covers a wide variety of projects, including the improvement of major arterials, secondary highways and collectors, flood control and drainage projects, water and wastewater projects, ADA retrofit, and safe routes to school projects. He has a good understanding and   Packet Pg. 274 3. Key Personnel 3.10 Proposal Capital Improvement Program (CIP) Programmatic Services knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Private sector design experience covers a wide range of projects including residential master planned communities and “in tract” residential improvements. In-tract residential improvements included the design and construction of domestic and reclaimed water infrastructure to serve the new developments. MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer/Project Manager Education • BS in Civil Engineering Registrations/Certifications • Registered Civil Engineer Highlights Mr. Mostahkami has over 35 years of experience. His experience includes working for various Public Agencies as Public Works Director, City Engineer, Project Engineer, Plan Checker, Designer, including for the Cities of: • Downey, PW Director • South Gate, PW Director, City Engineer, • Arcadia, Civil Engineer. DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer, Technical Review Support for Engineering Projects Education • Humboldt State University, CA, Bachelor of Science Registrations/Certifications • Registered Civil Engineer • Licensed Land Surveyor Highlights Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide variety of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects. His experience also includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction. NORMAN CAESAR M. BACULINAO, PE, TE, Sr. Engineer, Technical Review Support for Traffic Signal Systems Projects Education • BS in Civil Engineering Registrations/Certifications • Registered Civil and Traffic Engineer Highlights Mr. Baculinao has 30 years of experience in Traffic Engineering. He has strong Traffic Signal System Operation experience, including Traffic Management Centers or TMC. He is technology oriented and has extensive working knowledge of new (Intelligent Transportation System) ITS standards, the System Engineering Process; Traffic Signal System Integration, Video Detection, CCTV systems, twisted pair communication system, fiber optic cables, Ethernet, Light Emitting Diode (LED) signals, Red Light Camera Systems, etc. His experience includes: • County of Ventura, California: Traffic Engineering Manager • City of Pasadena, California: Traffic Engineering Manager • City of Santa Clarita, California: Associate Traffic Engineer • City of Stockton, California: Assistant Traffic Engineer • City of Roseville, California: Assistant Traffic Engineer BAHMAN JANKA, TE, Sr. Traffic Engineer, Technical Review Support for Traffic and Transportation Eng/Planning Projects Education • MS, BS in Civil Engineering   Packet Pg. 275 3. Key Personnel 3.11 Proposal Capital Improvement Program (CIP) Programmatic Services Registrations/Certifications • Registered Traffic Engineer Highlights Mr. Janka has over 35 years of experience in Traffic Engineering and Transportation Planning. He has served as City Traffic Engineer and Transportation Director for public agencies, including: • City of Pasadena, California: Transportation Administrator • City of Santa Clarita, California: City Traffic Engineer • City of Fremont, California: Associate Transportation Engineer • City of Palo Alto, California: Associate Transportation Engineer • Entranco Engineers, Bellevue, Washington: Transportation Engineer. JEFFREY KAO, PE, CBO, CASp, Sr. Engineer, Technical Review Support for ADA Projects/Compliance Education • MS, BS Civil Engineering, Cal Poly Registrations/Certifications • Registered Civil Engineer; CASp • ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector Highlights Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao has broad knowledge of building and safety operations, including working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm. DENNIS TARANGO, CBO, CSP, ICC Building Official, Technical Review Support for Vertical Projects Education • Cal Poly, Engineering • Fresno State BA • Rio Hondo College Registrations/Certifications • ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building Inspector UBC, Fire Plans Examiner Highlights • ICC Sustainability Membership Council Governing Committee Mr. Tarango has over 20 years of experience in the building and safety. He is experienced in managing building and safety departments of different municipalities. Currently he is serving as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as well as business development, client relations, and management oversight. With his analytical and strategic management skills, he provides strong leadership and develops staff to enhance the Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet. MICHAEL ROBERTS, CBO, MCP, ICC Building Official, Technical Review Support for Vertical Projects Education • Associate of Applied Science, Building Inspection Technology – Chemeketa Community College, Salem Oregon • Fire Code Administration, National Fire Academy – Emmitsburg, Maryland Registrations/Certifications • ICC Certified Master Code Professional, Building Code Official, Building Official, Plumbing Inspector, Combination Inspector, Commercial Building Inspector, Accessibility Plans Examiner / Inspector, Commercial Energy Conservation Plans Examiner, Commercial Energy Conservation Inspector, Electrical Inspector, Commercial Electrical Inspector, Residential Electrical Inspector, Residential Energy Conservation Inspector, Residential Building Inspector, Residential Mechanical Inspector, Residential Plans Examiner, Mechanical Inspector, Commercial Mechanical Inspector, Fire Code Inspector, Fire Inspector II   Packet Pg. 276 3. Key Personnel 3.12 Proposal Capital Improvement Program (CIP) Programmatic Services • ICBO Certified Structural Inspector, Plumbing Inspector, Mechanical Inspector, Building Plans Examiner, Fire Code Official Highlights Mr. Roberts has over 30 years of experience in municipalities, including governmental development administration. He has reached the highest possible level of code administration with the Master Code Professional designation certification from the International Code Council and has proven superior leadership abilities. He has served as Building Official, Community Development Director, Senior Plans Examiner, Plans/Residential Examiner, and Inspector for various municipalities and served as Principal Consultant. Serving as a Building Official for many years, Mr. Roberts provided the necessary code interpretations, and coordinated with agency staff and departments, and applicants on building and safety related issues. He has vast knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees, and related interaction with members of the public, other city departments, and other governmental agencies. IVAN DAZA, EIT, Associate Engineer, Project Management/RE/Office Engineering Support Education • B.S Civil Engineering, Cal State Long Beach Registrations/Certifications • Cal OSHA 10-hour Highlights Mr. Daza has approx. 3 years of experience and provides office engineering support to various Cities under Transtech’s Municipal Services Contracts in support of managing Capital Improvements Projects. His experience includes CIP management support, coordination with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, and overall management and coordination support for a variety of projects from design through plan review and approvals and construction. He also serves as Office Engineer on construction projects and assists Resident Engineers and Construction Managers with contract administration, document control, contract compliance. Mr. Daza also worked as a construction estimator for a construction company. Part of his responsibilities included reviewing bid documents, plans and specifications, preparing plan take-off quantities, and preparing bid estimates. BRIAN CERVANTES, Associate Engineer, Project Management/RE/Office Engineering Support Education • B.S Civil Engineering, Cal Poly Pomona Highlights Mr. Cervantes has approximately 1 year of experience in Public Works Engineering, and Transportation and Traffic Engineering. He works in the Public Works Department/City Engineering at Transtech’s client Cities assisting City Engineers and Public Works Directors. He also serves as Office Engineer on construction projects and assists Resident Engineers and Construction Managers with contract administration, document control, contract compliance. He also assists at the public works permit counter and in permit issuance. LEONARDO MARTINEZ, Associate Engineer, Project Management/RE/Office Engineering Support Education • B.S Civil Engineering, Cal Poly Pomona • Associate of Science in Engineering, Cerritos College Highlights Mr. Martinez has approximately 3 years of experience He works at various Cities under Transtech’s Municipal Services Contracts in support of Transtech’s City Engineers, Project Managers and Construction Managers. His experience includes CIP management support, Inspection support, coordination with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, and overall management and coordination support for a variety projects from design thru plan review and approvals and construction. ANTHONY BENDEZU, Associate Engineer, Project Management/RE/Office Engineering Support Education • B.S Civil Engineering, Cal Poly Pomona Highlights   Packet Pg. 277 3. Key Personnel 3.13 Proposal Capital Improvement Program (CIP) Programmatic Services Mr. Bendezu has approximately 5 years of experience. As an Associate Engineer, he works at various Cities under Transtech’s Municipal Services Contracts in support of Transtech’s City Engineers, Project Managers and Construction Managers. His experience includes CIP management support, coordination with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, and overall management and coordination support for a variety projects from design thru plan review and approvals and construction. Mr. Bendezu completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). FURKAN. CETINKALE, Associate Engineer, Project Management/RE/Office Engineering Support Education • BS, Cal Poly Pomona, Industrial Engineering • MS, Cal Poly Pomona, Engineering Management Highlights Mr. Cetinkale has approximately 7 years of experience in the construction. He has extensive experience in all phases of projects, including planning/development, entitlement and permitting bidding, construction, close-out, full-life cycle, project workflow, operations/systems development, scheduling, cost and budget control, contract negotiations, change order management, bid preparation, safety. He has worked in the capacity of Construction Manager, Project Manager, Owner Representative, Office Engineer for consulting firms. In these capacities, he has been involved in a wide variety of private healthcare projects in OSHPD 1 & 3 categories. The projects include, but not limited to, construction of new buildings, seismic upgrades, medical equipment replacement, medical office build-outs, TI improvements , site development, etc. The type of buildings include hospitals, outpatient clinics, digital imaging centers various other projects. He has managed a variety of healthcare projects, ranging from $50K to over $85 million in budget, which involved coordination, processing and approvals by Planning, Engineering and Building Departments of Local Agencies/Municipalities; California Department of Public Health (CDPH); California Office of Statewide Health Planning and Development (OSHPD) [OSHPD became the Department of Health Care Access and Information (HCAI); Occupational Safety and Health Administration (OSHA). CRAIG M. WHEELER, Sr. Construction Manager/Inspector, Field Review Support Education • BA Registrations/Certifications • NASSCO-Certified Inspector (Pipeline, Lateral and Manhole Assessments) • Licensed A General Eng. Contractor Highlights Mr. Wheeler has more than 30 years of experience in engineering and construction in both the public and private sectors. He has provided project management and inspection services on a wide variety of public works projects. His experience includes pavement rehab, ADA, sidewalk, curb&gutter, grading, wet and dry utilities, roadway reconstruction and resurfacing, bridge construction and rehabilitation, water and sewer lines, RCP or RCB storm drains, pump stations, booster pump stations, street lights, traffic signals-new and upgrade/modifications, parks, parking lots, structures and other related types of projects. As a project manager and construction inspector, Mr. Wheeler’s responsibilities include site observation and construction quality assurance and control, ensuring general site safety, preparing daily reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily updates to the City project manager, providing recommendations and responses for contractor RFIs, assisting with submittal and shop drawing reviews, tracking quantities, and conducting progress payment reviews. He has inspected projects that are funded with State and Federal Funds and is familiar Caltrans LAPM for Contract Administration. Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided on- site CM Support: • 2019 Residential and Arterial Pavement Improvement, I-159/I-139; City of Torrance • Public Works Inspection (Staff Augmentation); City of Newport Beach • Alicia Parkway Rehabilitation; City of Aliso Viejo • FY 2017-18 Street Rehabilitation; City of La Habra Heights • Beltway Operational Improvements; Caltrans | Bakersfield   Packet Pg. 278 3. Key Personnel 3.14 Proposal Capital Improvement Program (CIP) Programmatic Services • University Drive Widening (Campus to MacArthur); City of Irvine • The Tracks at Brea – Segment No. 4; City of Brea • CDBG Asphalt Repairs and Asphalt Overlays FY 2017; City of Mission Viejo • Annual Pavement Preservation Program FY 2018-19 and 2015-16; City of Yorba Linda • FY 2015-2016 Annual Citywide Sidewalk Repairs; City of Santa Monica • Manhattan Beach Water Line and Street Improvements; City of Manhattan Beach • Harbor Boulevard Median and LS Improvements; City of Costa Mesa • Citywide Sewer Repairs; City of West Hollywood • Emergency Storm Drain Repair; City of Torrance • Concrete Repair Program, Phase VI (CDBG); City of West Hollywood • Bedford Canyon Road Realignment; City of Corona • Ontario Avenue Median Improvements; City of Corona • SR-60/Market Street Improvements; City of Riverside • Rimpau Park; City of Corona • LAX Terminal Fuel Access Transmission Line Installation and Taxiway Paving Improvements JEFFREY HIRSH, Sr. Construction Manager/Inspector, Field Review Support Education • SDSU, College Level Classes Registrations/Certifications • Cal OSHA 10 hour construction certified • Construction Site Storm Water Training Highlights Jeffrey Hirsh has approximately 25 years of experience in general engineering/public works and building construction projects. He has worked in the capacity of foreman, site superintendent and project manager. In these capacities, he has been involved in a wide variety of private and public works construction projects in Type A (General Engineering) and Type B (Building) construction. He has knowledge of standards and procedures for public agencies, including the Green Book, Caltrans, and has extensive experience in traffic control, safety and OSHA compliance requirements. Mr. Hirsh also has experience in inspecting federally funded projects to ensure compliance with the Caltrans LAPM. Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided on- site CM Support: • Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce • Temple City HSIP Project, Traffic Signal Imp and Pavement Rehab (Federally Funded), City of Temple City • City-Wide Annual Street Rehab Project, City of Commerce • La Ballona Safe Routes to School (Federally Funded), City of Culver City • Uptown Parking Structure, City of Whittier • Garvey Park Facility Improvements • Lugo Park Artificial Turf Soccer-Field and Park Project in the City of Cudahy • Metrolink Station Improvements, City of Commerce Jeffrey’s prior experience includes: 2013-2014, PSBI Parking Structure Construction • Sr. Superintendent Construction of a 6-level parking structure for the City of Alhambra. 1995-2013, Harwood Homes, Inc. • Vice President - Construction/Forward Planning Managed 35 Development Projects - SFR/Multi- Unit/Commercial • Raw land development through onsite construction, including final and post occupancy. Supervised all aspects of planning, development and construction processes. • Responsible for construction of 2000+ single family homes. • Responsible for construction of 850+ attached units. • Successfully developed and completed multiple commercial project sites including strip centers and a large, automated car wash facility. • Supervised 20+ Construction Superintendents. • Compliance Management for all codes, conditions and ordinances. 1992-1995, Overland Company   Packet Pg. 279 3. Key Personnel 3.15 Proposal Capital Improvement Program (CIP) Programmatic Services • Site Superintendent – SFR Tract Home Development 1985-1992, Cambridge Development • Site Superintendent/Assistant Superintendent ROBERT GARCIA, Sr. Inspector, Field Review Support Education • California State University, Los Angeles, Continuing Education/Public Works Construction Inspection Course • California State University, Sacramento, Water Program/Operation and Maintenance of Wastewater Collection Systems Highlights Mr. Garcia has approximately 30 years of experience, of which 20 years has been working as the City Public Works Inspector for the City of Palmdale. His experience includes inspecting of all types of public works construction project: roadway construction, pavement rehabilitation, signals, grading, storm drains, sewer mains, concrete structures, sidewalks, and gutters. He also worked on county, state and federal funded projects. Mr. Garcia provided public works inspection services to the following Transtech client Cities: City of Hesperia, Public Works Inspector; City of Commerce, Public Works Inspector. JAMES PAGANI, DSA Certified Accessibility Specialist, CHST, Sr. Inspector, Field Review Support Education • BA, Goucher College Registrations/Certifications • BCSP Constr. Health and Safety Technician • CPR/First Aid/AED Certified • CalOES SAP Evaluator • DSA Certified Accessibility Specialist • FEMA Training: IS-3, IS-100.PWb, IS-200.b, IS-325, IS-552, IS-556, IS-700.a, IS-800.a, IS-803, IS-806, IS-809, IS- 907 • ICC: Building, Electrical, Mechanical, Plumbing • OSHA 30 Hour Trained Highlights Mr. Pagani has approximately 15 years of experience in public works construction management and inspection. Mr. Pagani has thorough knowledge and understanding of construction both on the jobsite and in the office, experience working with the various trades, designers, and managers of many different types of projects. Examples of his project experience as Public Works Inspector/Construction Manager includes: • City of Rialto, Public Works Encroachment Permit Inspections • City of South El Monte, Public Works Encroachment Permit Inspections • Primrose Park Improvements, City of Temple City • FY 20/21 Pavement Rehab, City of West Covina Previous Experience -Koury Engineering, Combination Inspector: • Provide AHJ and QA/QC inspection services on LA County Public Works Capital Improvement projects • Ensure contractor compliance with plans, specifications, codes, and ordinances • Inspect for contractor compliance with jobsite safety and environmental protection programs • Issue, track, and close Non-Compliance and Inspection Notices for deviations and violations • Prepare daily reports regarding jobsite activities and work progress • Review inspection requests and document completed and necessary inspections • Schedule, coordinate, and supervise special inspectors • Maintain and review project as built drawings, construction documentation, and permits • Review and verify monthly progress and change order billing requests ALI CAYIR, PE, Principal, PM/QC/QA Support Education • BS Engineering, MBA Registrations/Certifications • Registered Civil Engineer   Packet Pg. 280 3. Key Personnel 3.16 Proposal Capital Improvement Program (CIP) Programmatic Services • Licensed Contractor A, B Highlights Mr. Cayir has over 35 years of experience. He served as Principal Program and Project Manager for a wide variety of projects. He has participated in a wide variety of multi-disciplinary development teams responsible for projects that include: • Public Facilities(Vertical Construction) • Public Works and Infrastructure • Parks • Transportation and Parking Related Facilities • Parking Structures • Commercial and Retail Developments • Industrial Development • Residential and Mixed Use Development Mr. Cayir has extensive experience in the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM), and served as Resident Engineer on several Federally Funded Projects. Mr. Cayir also served as contract City Engineer and Interim Public Works Director for many municipalities in Southern California. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. CRAIG MELICHER, PE, Vice President, PM/QC/QA Support Education • BS in Civil Engineering • Various Construction Management Classes at UCLA, including: o Legal Aspects of Construction Management o Primavera based Construction Scheduling Software Registrations/Certifications • State of California Registered Civil Engineer Highlights Mr. Melicher has approximately 35 years of experience. Mr. Melicher has served in various capacities, such as Building Official, City Engineer, and CIP Manager for various Cities. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Mr. Melicher also served as Principal Program Manager for a wide variety of projects. Depending on the specific project, Mr. Melicher’s services included everything from initial concept to project close-out. As each project faced its own unique challenges, Mr. Melicher was able to employ his extensive public agency background to insure the most expedition and cost effective solution to each respective challenge, especially where, as Program Manager, Mr. Melicher was specifically responsible for acting on behalf of and insuring the best interests of the project’s client. His experience includes serving as Owner’s Representative and Construction Manager for large and complex construction projects, such as public works/infrastructure, community center, city hall, library, parking structure, movie theaters, retail centers, etc. Mr. Melicher also provided his expertise in the construction field serving as an expert witness for construction claims and defects. He has a strong background on the legal aspects of project and construction management and is particularly well versed in California statutes regulating all types of publicly funded construction.   Packet Pg. 281 3. Key Personnel 3.17 Proposal Capital Improvement Program (CIP) Programmatic Services 6. Project Organization Chart CITY DESIGNATED STAFF QC/QA OVERSIGHT STAFF Ali Cayir, PE Principal Principal, PM/QC/QA Support Mohammaf Pasebani, PE Sr. Engineer LAPM Compliance PM/QC/QA Oversight Ali Zaghari, PW, PMP Sr. Engineer Caltrans Involved Projects Coordination PM/QC/QA Support/Oversight Craig Melicher, PE Vice President PM/QC/QA Support SR. LEVEL PROGRAM MANAGEMENT AND TECHNICAL SUPPORT STAFF Azita Fakoorbayat, PE Sr. Engineer/Project Manager John Oskoui, PE Sr. Engineer/Project Manager Michael Ackerman, PE, QSD, QSP, QISP Sr. Engineer/Project Manager Ziad Y. Mazboudi, PE, QSD, QSP, CPSWQ Sr. Engineer/Project Manager Carlos A. Pineda, PE, QSD, QSP, LEED Sr. Engineer/Project Manager Mohammad Mostahkami, PE Sr. Engineer/Project Manager David Ragland, PE, PLS, QSD, QSP Sr. Engineer Technical Review Support for Engineering Projects Norman Caesar M. Baculinao, PE, TE Sr. Engineer Technical Review Support for Traffic Signal Systems Project Bahman Janka, TE Sr. Traffic Engineer Technical Review Support for Traffic and Transportation Eng/Planning Projects Jeffrey Kao, PE, CBO, CASp Sr. Engineer Technical Review Support for ADA Projects/Compliance Dennis Tarango, CBO, CSP ICC Building Official Technical Review Support for Vertical Projects Michael Roberts, CBO, MCP ICC Building Official Technical Review Support for Vertical Projects LOWER TEAR PROGRAM MANAGEMENT AND TECHNICAL SUPPORT STAFF Ivan Daza, EIT Associate Engineer Project Management/RE/Office Engineering Support Brian Cervantes Associate Engineer Project Management/RE/Office Engineering Support Leonardo Martinez Associate Engineer Project Management/RE/Office Engineering Support Anthony Bendezu Associate Engineer Project Management/RE/Office Engineering Support Furkan. Cetinkale Associate Engineer Project Management/RE/Office Engineering Support Craig M. Wheeler Sr. Construction Manager/Inspector Field Review Support Jeffrey Hirsh Sr. Construction Manager/Inspector Field Review Support Robert Garcia Sr. Inspector Field Review Support James Pagani, DSA Certified Accessibility Specialist, CHST Sr. Inspector Field Review Support Contract Principal Ahmad Ansari, PE Principal/Supervising Program Manager Okan Demirci. PE, QSD, QSP   Packet Pg. 282 Proposal Section 4 Relevant Experience Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 283 4. Relevant Experience 4.1 Proposal Capital Improvement Program (CIP) Programmatic Services 4. Relevant Experience This section of the proposal shall include at least three (3) projects completed by the proposed project team within the past five years. Each sample relevant project shall include the following: 1. Title 2. Description 3. Year completed (or expected if not complete) 4. Total cost 5. Client/agency name 6. Reference (include name and contact information) 7. Project team staff who worked on the project Following are few recently completed relevant projects of different types: PROJECT 1 (Infrastructure-Pavement Rehabilitation) 1. Title City of Temple City 2021/22 City-Wide Pavement Rehab Project 2. Description Transtech provided CM/CI/, Office Engineer Services. The project included rehabilitation of approx. 2,000,000 SF pavement area on several streets. 3. Year completed (or expected if not complete) January 2023 4. Total cost $4m 5. Client/agency name City of Temple City 6. Reference (include name and contact information) Bryan Cook, City Manager T: 626-285-2171 E: bcook@templecity.us 7. Project team staff who worked on the project Ali Cayir, PE; Okan Demirci, PE; Jeffrey Hirsh; Mario Magliocchetti PROJECT 2 (Infrastructure-Major Roadway Improvement, which includes widening, SCE power pole relocations and undergrounding, utilities, drainage, landscape, sidewalk, traffic signal, street lighting, freeway interchange/ramps improvements) 1. Title Washington Bl Widening and Reconstruction 2. Description Transtech provided PM/CM/CI/Resident Engineer, Office Engineer Services. The project included widening and reconstruction of 2.7 miles of Roadway, Traffic Signals, Street Lighting, Landscape, Improvements at I-5 and at 710 Freeways ramps. The project was federally funded and was managed in compliance with Caltrans Local Assistance Procedures Manual. The project was also a Caltrans Oversight Project. Award: This project was recognized as one of the projects of the year as part of the 2017 American Public Works Association (APWA) BEST Award, in the category of Transportation Projects. 3. Year completed (or expected if not complete) 2018 4. Total cost $45M 5. Client/agency name City of Commerce   Packet Pg. 284 4. Relevant Experience 4.2 Proposal Capital Improvement Program (CIP) Programmatic Services 6. Reference (include name and contact information) Edgar Cisneros, City Manager T: 323-722-4805 E: ecisneros@ci.commerce.ca.us 7. Project team staff who worked on the project Ali Cayir, PE; Okan Demirci, PE; Michael Ackerman, PE; Jeffrey Hirsh, Mario Magliocchetti; Al Pagani; Mike Schnepf; Selim Bouhamidi; PROJECT 3 (Facilities-Park) 1. Title Friendship Park 2. Description Transtech provided PM/CM/CI/ Office Engineer Services. The project included a playground, a shaded outdoor fitness court, drinking fountains, benches, trash bins, basketball court fixtures, site lighting, and pedestrian accessibility improvements, including sidewalk and pedestrian ramps. The project was CDBG Federally Funded. Award: This project received 2022 Projects of the Year APWA Award Award Category: Recreational & Athletic Facilities 3. Year completed (or expected if not complete) 2022 4. Total cost $1M 5. Client/agency name City of West Covina 6. Reference (include name and contact information) David Carmany, City Manager T: 626-939-8401 E: dcarmany@westcovina.org 7. Project team staff who worked on the project Okan Demirci, PE; Earl Fraser, Keith Wyatt, Brian Cervantes PROJECT 4 (Facilities-Parking Structure) 1. Title C Block Parking Structure DB (Design-Build) Delivery 2. Description Transtech provided PM/CM/CI/ Office Engineer Services. The project included construction of 5 level, 400 space parking structure under DB (Design-Build) Delivery. Award: This project received 2022 Projects of the Year APWA Award Award Category: Facilities 3. Year completed (or expected if not complete) 2022 4. Total cost $13M 5. Client/agency name City of Ontario 6. Reference (include name and contact information) Dan Beers, PW Dep. Design & Construction, Principal Project Manager T: 909-395-2806 E: dbeers@ontario.gov 7. Project team staff who worked on the project Ali Cayir, PE; Craig Melicher, PE; Okan Demirci, PE; Brian Cervantes, Dennis Tarango, CBO   Packet Pg. 285 4. Relevant Experience 4.3 Proposal Capital Improvement Program (CIP) Programmatic Services PROJECT 5 (Infrastructure-Watermain replacement including service laterals, fire hydrants, manholes, asphalt pavement rehabilitation on streets and alleys, accessibility improvements including curb ramps, sidewalk, curb&gutter, signage and striping) 1. Title Roadway Improvements at Brewster, Agnes, Alberta, First, Franklin, City of Lynwood, ($7M) 2. Description Transtech provided PM/CM/CI/Office Engineer Services. The project included watermain replacement including service laterals, fire hydrants, manholes, asphalt pavement rehabilitation on streets and alleys, accessibility improvements including curb ramps, sidewalk, curb&gutter, signage and striping. 3. Year completed (or expected if not complete) 2021 4. Total cost $3M 5. Client/agency name City of Lynwood 6. Reference (include name and contact information) Ernie Hernandez, City Manager T: (310) 603-0220 E: ehernandez@lynwood.ca.us 7. Project team staff who worked on the project Okan Demirci, PE; Earl Fraser, Jeffrey Hirsh, Andy Carlton We are also providing below additional information and detailed description of services provided to and reference letters from various clients. CITY OF ONTARIO (Year started and completed: 2019 – Ongoing Service) Contact: Dan Beers, PW Dep. Design & Construction, Principal Project Manager; T: 909-395-2806; E: dbeers@ontario.gov Services Provided: CIP Management (C Block, DB Project, Grand Park DB Project, City Hall Annex DB Project) CITY OF WEST COVINA(Year started and completed: 2018 – Ongoing Service) Contact: David Carmany, City Manager; T: 626-939-8401; E: dcarmany@westcovina.org Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF COMMERCE (Year started and completed: 2010 – Ongoing Service) Contact: Edgar Cisneros, City Manager; T: 323-722-4805; E: ecisneros@ci.commerce.ca.us Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.   Packet Pg. 286 4. Relevant Experience 4.4 Proposal Capital Improvement Program (CIP) Programmatic Services CITY OF MONTEREY PARK (Year started and completed: 2012 – Ongoing Service) Contact: Ron Bow, City Manager; T: 626-307-1255; E: rbow@montereypark.ca.gov Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF TEMPLE CITY (Year started and completed: 2014 – Ongoing Service) Contact: Bryan Cook, City Manager; T: 626-285-2171; E: bcook@templecity.us Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Contact: Andrew Ho, Community Development Director; T: 626-570-5041; E: andrewho@cityofalhambra.org Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.   Packet Pg. 287 4. Relevant Experience 4.5 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 288 4. Relevant Experience 4.6 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 289 4. Relevant Experience 4.7 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 290 4. Relevant Experience 4.8 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 291 4. Relevant Experience 4.9 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 292 4. Relevant Experience 4.10 Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 293 4. Relevant Experience 4.11 Proposal Capital Improvement Program (CIP) Programmatic Services Examples of various types of projects representative of Transtech’s diversified experience: Examples of few Street Improvements/Infrastructure, ADA, Park, Facilities Rehab Projects: • Since 2013, Annual Street Rehab Program, City of Temple City ($15M) • Since 2019, Annual Street Rehab Program, City of West Covina ($10M) • Since 2018, Annual Street Rehab Program, City of South El Monte ($3M) • Since 2018, Annual Street Rehab Program, City of Cudahy ($5M) • Since 2015, Annual Street Rehab Program, City of Commerce ($24M) • Since 2019, Annual Street Rehab Program, City of Maywood ($2M) • Riverside Dr Street Rehab Project, City of Chino ($7.5M) • El Prado Rd Reconstruction Project, City of Chino ($3M) • FY 20/21 Annual Street Rehab Project, City of Placentia ($4.5M) • Roadway Improvements at Brewster, Agnes, Alberta, First, Franklin, City of Lynwood, ($7M) • Eastern Ave, Full Depth Reclaimed Pavement Rehab Project, City of Commerce ($2M) • Temple City Blvd Rehabilitation Project, City of Temple City (Fed. Funded) ($2.5M) • Washington Blvd, Widening, Reconstruction Project, City of Commerce (Fed. Funded) ($40M) • Rosemead Blvd, Bikeway, Reconstruction, Beautification Project, City of Temple City (Fed. Funded) ($20M) • HSIP Cycle 4, Traffic Signal Improvements at Various Locations, City of Commerce (Fed. Funded) ($1M) • HSIP Cycle 7, Traffic Interconnect System Upgrades Citywide, City of Commerce (Fed. Funded) ($1M) • HSIP Cycle 10, Traffic Interconnect System Upgrades Citywide, City of Commerce (Fed. Funded) ($2M) • HSIP Cycle 6, Traffic Signal Improvements at Atlantic Ave, City of Cudahy (Fed. Funded) ($1M) • HSIP Cycle 7, Pedestrian Safety Improvements at Salt Lake Ave, City of Cudahy (Fed. Funded) ($0.5M) • HSIP Cycle 6, Traffic Signal Improvements at Santa Anita and Fern, City of S. El Monte (Fed. Funded) ($0.75M) • HSIP Cycle 6, Traffic Signal Improvements at Tyler and Thienes, City of S. El Monte (Fed. Funded) ($($0.75M) • HSIP Cycle 6, Traffic Signal Improvements at Peck and Rush, City of S. El Monte (Fed. Funded) ($1M) • HSIP Cycle 7, Traffic Signal Improvements at Santa Anita-Central, City of S. El Monte (Fed. Funded) ($1M) • HSIP Cycle 9, Citywide Traffic Signal Improvements, City of S. El Monte (Fed. Funded) ($1M) • HSIP Cycle 10, Traffic Signal Improvements at Garvey-Durfee-Michael Hunt, City of S. El Monte (Fed. Funded) ($1M) • HSIP Cycle 7, Traffic Signal Left Turn Phasing Improvement, City of Culver City (Fed. Funded) ($1M) • HSIP Cycle 6, El Monte Ave, Temple City Blvd, and Various Citywide Locations (Fed. Funded) ($2.8M) • HSIP Cycle 7, Traffic Signal Improvements at Hellman-Alhambra-Garfield, City of Monterey Park (Fed. Funded) ($1.5M) • HSIP Cycle 9, Traffic Signal Improvements on Garfield Ave, City of Monterey Park (Fed. Funded) ($1M) • HSIP Cycle 10, Traffic Signal Improvements at Various Locations, City of West Covina (Fed. Funded) ($4.5M) • HSIP Cycle 7, Traffic Signal Improvements at Mission and Ivar, City of Rosemead (Fed. Funded) ($0.5M) • HSIP Cycle 7, Firestone Blvd ITS Improvements, City of Norwalk (Fed. Funded) ($1.5M) • HSIP Cycle 9, Citywide Traffic Safety Improvement, City of Placentia (Fed. Funded) ($1.3M) • HSIP Cycle 5, Martin Luther King Jr Blvd TS Improvements, City of Lynwood (Fed. Funded) ($0.5M) • HSIP Cycle 9, Atlantic-Carlin Traffic Signal Improvements, City of Lynwood (Fed. Funded) ($0.75M) • HSIP Cycle 9, Imperial-Atlantic Traffic Signal Improvements, City of Lynwood (Fed. Funded) ($0.75M) • ATP Cycle 1, Citywide Pedestrian Safety Improvements, City of Cudahy (Fed. Funded) ($1.5M) • ATP Cycle 2, Citywide Pedestrian Safety Improvements, City of Cudahy (Fed. Funded) ($0.75M) • ATP Cycle 2, La Ballona Street Improvements, City of Culver City (Fed. Funded) ($3.5M) • ATP Cycle 1, Safe Routes to School Improvements Project, City of Huntington Park (Fed. Funded) ($1M) • ATP Cycle 4, Citywide Pedestrian Safety Improvements, City of Monterey Park (Fed. Funded) ($1.7M) • ATP Cycle 5, Citywide Pedestrian Safety Improvements, City of S. El Monte (Fed. Funded) ($1.7M) • Cactus/Nason Street Improvements and 135’ Span Bridge Project, City of Moreno Valley (SLPP Funded) ($20M) • Rte 71/Mission Bl Grade Separation Project, City of Pomona/Caltrans Oversight (Fed. Funded) ($25M) • FY 17/18 Lerma and Alessia Pavement Rehabilitation, City of South El Monte (CDBG Funded) ($0.75M) • Sr. Center Restroom Rehabilitation, City of South El Monte (CDBG Funded) ($0.2M) • 2020 Street Rehabilitation Project, City of South El Monte (CDBG Funded) ($0.75M) • Alley Rehabilitation Project, City of Chino (CDBG Funded) ($0.5M) • Street Light Citywide LED Conversion, City of Chino (CDBG Funded) ($0.5M) • Almansor Park Improvements Project, City of Alhambra (CDBG Funded) ($2.5M) • Lugo Park, Soccer Field and Plaza/Shade Structures Project, City of Cudahy (CDBG Funded) ($4M) • Various Restroom ADA Accessibility Improvements, City of Cudahy (CDBG Funded) ($0.5M) • Garvey Park Restroom Improvements, City of Rosemead (CDBG Funded) ($0.5M) • 2018 ADA Curb Ramps & Sidewalk Improvements, City of Monterey Park (CDBG Funded) ($0.5M) • Citywide Pedestrian Accessibility Improvements, FY 20/21, 21/22, 22/23, City of Maywood (CDBG Funded) ($0.75M)   Packet Pg. 294 4. Relevant Experience 4.12 Proposal Capital Improvement Program (CIP) Programmatic Services • Sr. Center Restroom Rehabilitation, City of West Covina (CDBG Funded) ($0.5M) Examples of Street Improvements/Infrastructure Projects: Washington Boulevard Widening and Reconstruction Project ($40M): Transtech provided CM/CI/Resident Engineer, Inspector, Office Engineer Services. The project included widening and reconstruction of 2.7 miles of Roadway, Traffic Signals, Street Lighting, Landscape, Improvements at I-5 and at 710 Freeways ramps. The project was federally funded and was managed in compliance with Caltrans Local Assistance Procedures Manual. The project was also a Caltrans Oversight Project. AWARD: This project was recognized as one of the projects of the year as part of the 2017 American Public Works Association (APWA) BEST Award, in the category of Transportation Projects. Rosemead Boulevard Improvements Project ($20M): Located in the City of Temple City, this was a Federally Funded project. Funding also included METRO Measure R and Prop C Funds. Transtech provided Project, Program, Construction Management, Resident Engineer, Inspection, Federal Compliance, Labor Compliance and Office Engineer Services. The project included protected bike lanes, widening and reconstruction of 2 miles of roadway. AWARD: This project has achieved numerous awards including a 2013 Planning Excellence in Implementation Award from the American Planning Association, the 2014 Quality of Life Merit Award from the American Society of Landscape Architects, the 2014 Merit Award for Urban Design from the California Council of the AIA and was voted one of the “best 10 new bike lanes of 2014” from the PeopleforBikes organization. Cactus Avenue and Nason Street Improvements and 135’ Span Bridge Project ($21M): This project was part of the State Local Partnership Program SLPP Grant in the City of Moreno Valley ($21M). Transtech provided construction management, resident engineer, inspection, and office engineer services. AWARD: This project was recognized with a project achievement award by the Construction Management Association of America (CMAA) for Construction Management Services under the Public Works Category for $11M-$50M ranged projects. ATP Citywide Crosswalk and Pedestrian Safety Improvement Project ($1.2M): Located in the City of Cudahy, this project included safe routes to school pedestrian safety improvements near schools and pedestrian activity centers. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services.   Packet Pg. 295 4. Relevant Experience 4.13 Proposal Capital Improvement Program (CIP) Programmatic Services Atlantic Boulevard Corridor Improvement Project ($20M): This was a Federally Funded project in the City of Commerce. Transtech provided turnkey services included construction management, resident engineer, inspection, office engineer, and funds coordinator. The project was a major street reconstruction and beautification project along Atlantic Boulevard which improved mobility for pedestrians, trucks, and vehicles as well as provided corridor beautification with landscaped medians and other elements. AWARD: This project was recognized as one of the projects of the years as part of the 2020 American Public Works Association (APWA) Project of the Year Award, in the category of Transportation Projects. Eastern Avenue Rehab Project ($1.5M): Located in the City of Commerce, this project was funded through City’s Measure AA Funds. The project involved Full Depth Reclaimed Pavement Rehabilitation. Transtech provided construction management and inspection services. AWARD: This project was recognized as one of the projects of the year awards as part of the 2017 Outstanding Local Streets and Roads Project Award Program in the Category of Roads for Efficient & Sustainable Road Maintenance, Construction & Reconstruction Projects. Rte 71/Mission Bl Grade Separation Project ($40M): This project was a Federally Funded project located the City of Pomona and included construction of a bridge/grade separation. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. Caltrans was the oversight/jurisdictional Agency. Bogert Trail Bridge Widening Project ($5M): Located in the City of Palm Springs, this project was a Federally Funded project. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. The project involved bridge widening, retrofit, and beautification elements. 26th Street Rehab and Metrolink Station ($1M): This project was Federally Funded in the City of Commerce and included rehabilitation of 26th Street, and Metrolink Station parking lot rehab, station platform improvements, landscape and lighting. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. Parking Lot Improvements Projects ($550K): Located in the City of Temple City, this project included new parking lot signage, asphalt resurfacing, construction of trellis, new lighting, electrical vehicle charging station infrastructure, landscaping, and drainage. Transtech provided construction management, and inspection services.   Packet Pg. 296 4. Relevant Experience 4.14 Proposal Capital Improvement Program (CIP) Programmatic Services El Monte, Temple City Blvd, and Various Citywide Locations HSIP Projects ($1.8M): Located in the City of Temple City, this project was a Federally Funded through Highway Safety Improvement Project (HSIP) program. It included asphalt roadway resurfacing, markings & striping, traffic safety improvements such as updated traffic signal heads and speed radar feedback signs, and updated street signage. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. Middleton Street Elementary School Safe Routes to School Improvements Project ($500K): Located in the City of Huntington Park, this project was part of the Safe Route to School program and included pedestrian safety improvements, bulb outs, ADA compliant PCC curb ramps, sidewalk improvements, updated signage, striping and markings. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. Slauson Avenue ADA Improvements and Tree Replacement Project ($1.5M): Located in the City of Commerce, this project was funded through City’s Measure AA Funds. The project included removal of 149 overgrown Ficus trees that displaced the sidewalk in some areas up to 2 feet high and replaced them with new ADA compliant sidewalk and planted 433 drought tolerant trees in their place. Transtech provided construction management and inspection, services. Examples of Park Projects: 2022 APWA AWARD WINNING PARK PROJECT MANAGED BY TRANSTECH FRIENDSHIP PARK, City of West Covina, Completed in June 2022 Project received 2022 Projects of the Year APWA Award Award Category: Recreation and Athletic Facilities. New, renovated, or modernized parks, outdoor theaters & amphitheaters, playgrounds, sports facilities & fields, nature trails, and aquatic facilities. Population Division: 100,000 to 200,000. Project Cost: $1 m Link to Project Info: WEST COVINA FRIEND SHIP PARK Ontario Great Park DB (Design-Build Project). ($45M): The project is being delivered under DB delivery. Transtech is City’s Owner’s Representative/Program Manager. City of Temple City, Primrose Park ($4M, Prop 68 Funding): The project included constructing a new park with playground, landscaping, parking lot, concrete plaza, lighting, drainage, ADA improvements. City of Monterey Park, Citywide Parks Improvement Project ($6.5M): This project included installation of park equipment (playground, picnic shelters, benches), construction of ADA improvements at 13 parks.   Packet Pg. 297 4. Relevant Experience 4.15 Proposal Capital Improvement Program (CIP) Programmatic Services City of Commerce/Caltrans, I-5 Freeway/Washington Bl SB on and off Ramps Landscape Improvements ($3M, Federally Funded): The project included, Landscape, Improvements at I-5 and at 710 Freeways ramps. City of Alhambra, Almansor Park Improvements Project ($2.5M): The project included construction of new basketball courts, restroom facilities, shade structure, new drainage systems, new lightings, and updated landscaping and irrigation, and PCC walkways. City of Cudahy, Soccer Field (synthetic turf) and Park Improvements Project ($2M, CDBG Funded): The project included constructing a new soccer field with artificial turf on existing baseball field, landscaping, parking lot, concrete plaza, lighting, drainage, ADA improvements. City of Huntington Park, Salt Lake Park Splash Pad Project ($1M): The project included installation of splash park. City of Fontana, South Fontana Park ($15M): The project included an 18- acre park with 4 artificial turf soccer/football fields, sports lighting, playground/tot lot, walking path, 2 Restroom/Concession Building, shade structures, fencing. Transtech is providing inspection services. City of Temple City, Pocket Park/Parking Lot Improvements Projects ($1M): The project included new park/parking lot signage, trellis, landscaping, drainage, lighting, electrical vehicle charging station infrastructure for future implementation. Examples of Building Projects: City of Alhambra Civic Center Library Project ($30M): Transtech provided plan check, inspection, construction management, and owner representative services, the project included construction of a 45,000 SF Library with an underground parking garage. City of Whittier, Uptown Parking Structure (DBB, Design-Bid-Build Project, Project Value: $12M): The project involved construction of a 4 story, 450 stall parking structure, and includes elements such as bicycle and motorcycle parking and provisions for future photovoltaic panels.. The project was delivered as DBB. Transtech served as Construction Manager. This project is located in Whittier.   Packet Pg. 298 4. Relevant Experience 4.16 Proposal Capital Improvement Program (CIP) Programmatic Services Renaissance Plaza ($15M): This project was located in the City of Alhambra and included a parking structure, 10 plex movie theater, retail, and plaza. Transtech served as the City’s Building Official, Plan Checker and Inspector for this project including construction manager of the parking structure, public plaza, and other improvements. Rosewood Community Center ($25M): Transtech was retained by the City of Commerce to take over the management of this multimillion-dollar facility which was 2 years behind schedule. Within 5 months, Transtech brought the construction to substantial completion level allowing the City to start the move-in process, and 2 months after, the facility was opened for public use. Garfield Avenue Parking Structure ($8.5M): This project included a 5-story level, 600 space parking structure as part of the Alhambra Redevelopment Agency and Downtown Redevelopment. Transtech provided plan check, inspection, construction management and owner representative services. Riverside County Transportation Commission, Corona Main Street Metrolink Parking Structure and Pedestrian Bridge (25M): This project is in Corona and included 6 level, approximately 1,000 space parking structure, and a pedestrian bridge over railroad tracks. Transtech provided inspection and construction management services for the construction of this federally funded project. City of San Bernardino Santa Fe Depot/Metrolink Parking Structure and Historic Santa Fe Depot Renovation Project ($25M): This project included The Parking Structure involved the construction of a 3-level parking structure for 350 cars. Historic Santa Fe Depot Renovation involved renovation for adoptive reuse of 60,000 sf historical Santa Fe Train Depot. Examples of Development Projects: Agency: CITY OF TEMPLE CITY Project: Blossom Walk Residential Development (Valuation $6 m). This development includes 24-unit condominiums and 4 single family homes. Transtech provided following services: • Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. • Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.   Packet Pg. 299 4. Relevant Experience 4.17 Proposal Capital Improvement Program (CIP) Programmatic Services Agency: CITY OF SOUTH EL MONTE Project: Chico Residential Development (Valuation $15 m). This development includes 13 buildings with 70 residential units. Transtech provided following services: • Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. • Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF COMMERCE Project: Warehouse with Office Space Development (Valuation $20 m). This development includes one-story of warehouse with mezzanines for office use of 114,898 square feet of total floor area in a 5.65-acre lot. Transtech provided following services: • Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. • Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF ALHAMBRA Project: Main Street Collection (Valuation $23 m). This development includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units. Transtech provided following services: • Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. • Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF WEST COVINA Project: Medical Center Building (Valuation $20 m). This project is a new Medical Office Building of approximately 55,000 sf that will operate 24/7 providing a radiation oncology department and infusion department. Transtech provided following services: • Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. • Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF WEST COVINA Project: Asteria Residential Development (Valuation $40 m). This development includes 158-unit residential homes. Transtech provided following services: • Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. • Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.   Packet Pg. 300 4. Relevant Experience 4.18 Proposal Capital Improvement Program (CIP) Programmatic Services Experience in DB (Design-Build) Project Delivery: Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code. • 2022 APWA AWARD WINNING DB (Design-Build) PROJECT MANAGED BY TRANSTECH C-BLOCK PARKING STRUCTURE, City of Ontario, Completed in May 2022 Project received 2022 Projects of the Year APWA Award Award Category: Facilities Facilities, including parking structures, transit facilities, rail stations, recycling facilities, fiber optics, energy generation & substations, zoos, communications, and public works yards. Population Division: 100,000 to 200,000 Project Cost: $11 m Link to Project Info: ONTARIO, C BLOCK DB PARKING STRUCTURE Currently, we are managing following DB Projects: • Ontario Grand Park (DB Delivery) ($90M) (Pre-qualifications DB RFP issued) • Ontario Parking Structure, Fire Station 1 (PS is DB Project Delivery; Fire Station is DBB Delivery) ($60M) (Pre-qualifications DB RFP for PS issued) Few other DB Projects Transtech was involved: City of Alhambra, Mosaic Parking Structure (DB Delivery) ($8M: The project involved construction of a 5-story parking structure. The project was delivered as DB. Transtech served as Owner Representative and Program Manager from initial project planning, design development thru construction. Transtech also provided building code plan check, constructability, biddability and value engineering review. Also, during construction, Transtech provided construction management and inspection services. This project is located in Alhambra. Turkish American Cultural Center Project, Maryland (DB Delivery) ($100M): This unique project, Turkish-American Cultural Center (TACC) is a unique multi-cultural center showcasing he culture and heritage of Turkish Americans, and celebrate their contribution to America. The project involved construction of a museum, library, traditional Turkish/Ottoman houses, religious facility (Mosque), including an underground level parking garage with sports facilities. Transtech was commissioned as the Owner Representative/Program Manager. Transtech located some of its most experienced staff members to Maryland temporarily and retained additional staff locally, and moved the project thru local planning processing and approvals within less than 1 year, and adopted a DB delivery approach with GMP (Guaranteed Maximum Price), which complied with US Local contracting laws and requirements, as well as was acceptable to the Turkish contracting laws and standards. A Turkish architect prepared the conceptual design plans. A US Architectural Firm was hired to develop bridging documents. Several large US Construction firms were invited to submit proposals. After selection process, one of the largest Construction Companies in US, Balfour Beatty (https://balfourbeattyus.com/home) was hired as the DB General Contractor. At the peak of finish work, nearly 80 master Turkish artisans were also brought to US temporarily applying their expertise to the stone, marble, lead roofing and millwork packages. The construction was completed in 2 years. CONCEPT RENDERING OF PARKING STRUCTURE FINAL COMPLETED PARKING STRUCTURE   Packet Pg. 301 Proposal Section 5 Quality of Proposal Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 302 5. Quality of Proposal 5.1 Proposal Capital Improvement Program (CIP) Programmatic Services 5. Quality of Proposal 1. Proposal contains all minimum required items and is in proper format 2. All forms, including addenda (if any) have been completed and signed 1. Proposal contains all minimum required items and is in proper format Our proposal contains all minimum required items and is in proper format. Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections listed in the RFP under “Proposal Format”, as listed below: Proposal Content: A responsive proposal shall contain the following documentation: 1. Cover Letter- Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Understanding of Need- Proposal shall include an outline which demonstrates the firm’s understanding of the project goals and objectives and scope of work, and most of all, familiarity with the existing condition and needs. This outline should include the firm’s anticipated approach toward providing required services, tasks necessary for its successful completion, and suggestions or special concerns of which the City should be made aware. 3. Scope of Services- Proposal shall include a Scope of Services which details the consultant’s approach towards completing the project, work phases, the tasks to be accomplished and the deliverables to be provided, based upon the requested Scope of Services included in this RFP. 4. QA/QC Plan- Provide QA/QC plan to ensure quality control for the duration of the project which shall include maintaining organization and communication over the entire project team, cost and schedule monitoring and constructability review of project plans, specifications and estimates upon their completion. 5. Key Personnel- Consultants shall list key personnel as well as subconsultants, if any, they propose to use on their respective project team. Resumes, limited to one page maximum, shall be included for each key personnel and subconsultant(s). In addition, this section of the proposal shall include a project organization chart with each key individual and subconsultant(s) listed by position or title. Furthermore, a table shall be included listing each key individual and subconsultant(s) by position or title along with percentage of each individual’s and subconsultant’s time (by percentage) to be devoted to this project. 6. Relevant Experience- This section of the proposal shall include a list of at least three (3) relevant or similar projects completed by the project team within the past five years. Each project included shall have a description of the project, name of the client, reference representing client who can be contacted regarding the project along with contact information, year completed and total project cost. 7. Fee Proposal- The consultant’s fee proposal shall be submitted concurrently with the technical proposal. The fee proposal shall include a competitive fee which outlines the hours to complete the scope of services along with personnel to be involved in the project with the number of hours by personnel to be assigned by task and hourly rate.   Packet Pg. 303 5. Quality of Proposal 5.2 Proposal Capital Improvement Program (CIP) Programmatic Services Our proposal includes all information listed in RFP under “Proposal Content”, which is recited above. Proposal Format: Proposal shall, at a minimum, contain a detailed Scope of Services and be formatted to include the following sections. The basis of consultant selection for this project will be based on the following criteria: 1. Perception Approach 1. Project understanding and perception 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy. 2. Methodology 1. Clearly state the methodology to be used in completing the Scope of Services. 2. Provide QA/QC plan to ensure quality control for the duration of the project 3. Key Personnel- This section of the proposal shall be formatted as follows: 1. Experience of key personnel 2. Responsibilities to be assigned 3. Amount of each individual’s time to be allocated 4. Subconsultant(s) to be used (if any) 5. Resumes of key personnel 6. Project organization chart 4. Relevant Experience- This section of the proposal shall include at least three (3) projects completed by the proposed project team within the past five years. Each sample relevant project shall include the following: 1. Title 2. Description 3. Year completed (or expected if not complete) 4. Total cost 5. Client/agency name 6. Reference (include name and contact information) 7. Project team staff who worked on the project 5. Quality of Proposal 1. Proposal contains all minimum required items and is in proper format, 2. All forms, including addenda (if any) have been completed and signed 6. Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs. Our proposal is formatted per the sections listed in the RFP under “Proposal Format”, which is also recited above.   Packet Pg. 304 5. Quality of Proposal 5.3 Proposal Capital Improvement Program (CIP) Programmatic Services 2. All forms, including addenda (if any) have been completed and signed All forms, including addenda (if any) have been completed and signed. After RFP transmittal email, we received a follow up email from the City as follows: As indicated in the above email, our proposal is emailed to Hernandez_Da@sbcity.org with cc to: Pan_Su@sbcity.org   Packet Pg. 305 Proposal Section 6 Budget / Fee Proposal Capital Improvement Program (CIP) Programmatic Services   Packet Pg. 306 6. Budget / Fee 6.1 Proposal Capital Improvement Program (CIP) Programmatic Services 6. Budget / Fee Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs. The RFP states: Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs. As required in the RFP, we are providing an estimated budget using 40 hrs per week staff time as base assumption: Staff Classification Average Hrly Rate Assumed Weekly Hours Allocation Assumed Weekly Budget Allocation Sr. Level Staff $195 5 $975 Project Management Staff $185 20 $3,700 Lower Tear PM Support Staff $165 15 $2,475 40 $7,150Weekly Totals The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City. Staff classifications can be changed based on a project's specific needs and staffing type and level requirements. Staff with lower rates may be used when more applicable to a project, and such lower rates would be reflected on the invoices, which will reduce costs to City. Please see following page for Transtech’s current Hourly Rate Schedule for all staff classifications.   Packet Pg. 307 6. Budget / Fee 6.2 Proposal Capital Improvement Program (CIP) Programmatic Services Field Technician $80 -$90 Labor Compliance Analyst $140 -$145 Engineering Technician $90 -$100 Funds Coordinator $145 -$155 Assistant CAD Drafter $100 -$115 Office Engineer $140 -$150 Senior CAD Drafter $115 -$130 Construction Inspector $135 -$145 Associate Designer $130 -$145 Senior Construction Inspector $145 -$155 Senior Designer $145 -$160 Construction Manager $155 -$175 Design Project Manager $180 -$190 Resident Engineer $175 -$190 Assistant Engineer $110 -$120 Associate Civil Engineer $135 -$145 Public Works Inspector $135 -$145 Senior Civil Engineer $190 -$210 Senior Public Works Inspector $145 -$155 Traffic Analyst Technician $95 -$105 Supervising PW Inspector $155 -$165 Associate Traffic Analyst $140 -$150 Senior Traffic Analyst $150 -$160 Survey Analyst $140 -$145 Professional Transportation Planner $160 -$175 Senior Survey Analyst $145 -$150 Traffic Engineer Technician $90 -$100 2-Man Survey Crew $330 -$340 Associate Traffic Engineer $135 -$145 Survey & Mapping Specialist $175 -$185 Traffic Engineer $160 -$175 Licensed Land Surveyor $200 -$210 Senior Traffic Engineer $175 -$195 Project Manager $175 -$195 Funds Analyst $140 -$145 Senior Project Manager $195 -$215 Senior Funds Analyst $145 -$155 Deputy City Engineer $160 -$180 Grant Writer $160 -$170 City Engineer $180 -$195 Funds & Grant Project Manager $180 --$190 Principal Engineer $195 -$215 Community Development Technician $75 -$85 Permit Technician $70 -$80 Planning Technician $85 -$95 Plan Check Technician/Analyst $100 -$120 Assistant Planner $95 -$115 Building Inspector $120 -$125 Associate Planner $115 -$135 Senior Inspector $125 -$135 Senior Planner $135 -$160 Plans Examiner/Checker $135 -$150 Planning Manager $160 -$180 Plan Check Engineer $150 -$160 Deputy Building Official $150 -$160 Administrative/Clerical $65 --$75 Building Official $160 -$170 Project Accountant $75 --$85 TRANSTECH ENGINEERS, INC. SCHEDULE OF HOURLY RATES Effective through June 30, 2023 Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City. The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. FUNDING & GRANT WRITING PLANNING ADMINISTRATIVE STAFF SURVEY AND MAPPING PUBLIC WORKS INSPECTION BUILDING & SAFETY ENGINEERING CONSTRUCTION MANAGEMENT   Packet Pg. 308 201 North E. Street, 2nd Floor Attn: Daniel Hernandez, Director of Public Works San Bernardino, CA 92401   Packet Pg. 309 January 25, 2023 Mr. Daniel Hernandez CITY OF SAN BERNARDINO 201 North E. Street, 2nd Floor San Bernardino, CA 92401 Subject: On-Call Capital Improvement Program (CIP) Programmatic Services Dear Mr. Hernandez: Thank you for the opportunity to present this material outlining TKE Engineering, Inc.’s (TKE) qualifications. Enclosed herein is a comprehensive proposal depicting our qualifications and abilities to provide turnkey professional engineering, services to the City of San Bernardino for the On-Call Capital Improvement Program (CIP) Programmatic Services for rehabilitation of arterial highways, collectors, and residential streets; intersection widening improvements; miscellaneous concrete replacements and Americans with Disabilities Act (ADA) improvements; installation of BMPs and NPDES improvements; installation of traffic signals; construction of park improvements; installation of landscaping and irrigation improvements; bridge maintenance and repairs, and rehabilitation of City-owned facilities under the following disciplines: • Environmental, Preliminary Engineering and Right-of-Way Engineering • Preliminary and Final Design • Pre-Construction Phase • Construction Phase • Post-Construction Phase A. Our Commitment – TKE is the acting City/District Engineer in 6 different Cities/Districts and has provided engineering, surveying and construction management services to numerous Inland Empire cities since our inception 23 years ago, including the City of San Bernardino Municipal Water Department since 2003. In addition, TKE has design, managed and provided construction assistance for more than $500 million in Federally and/or State funded grant projects. TKE is familiar with the City Standards and Policies and is committed to providing high quality, efficient services to meet all of the City’s needs. Prior to beginning any services, TKE will meet to discuss project requirements and scheduling needs. Our Project Manager will be in contact wi th City staff on a regular basis to ensure that the project is progressing on schedule and within the allocated budget. It is this personal touch and contact that define our “local service” approach. We consider ourselves community builders and take ownership of projects assigned to TKE, ensuring that our personnel will be allocated on an as needed basis. Our broad array of grant funded public works experience and team provide the City a trusted consultant to turn to for any of the services listed above for this on-call contract. We pride ourselves in the management and completion of special, atypical projects and thrive on challenging budgets and deadlines. It is this commitment to service and diverse array of offerings that makes us unique and drives our long-standing relationship with our client base and it is these qualities that make us “the right fit” for the City of San Bernardino.   Packet Pg. 310 Mr. Daniel Hernandez – City of San Bernardino On-Call Capital Improvement Program (CIP) Programmatic Services January 25, 2023 Page 2 of 2 B. Our Value – TKE’s management team regularly performs design, survey, plan checking, construction management and grant management service for municipalities and our staff are fundamentally committed to creating value in each task that we perform. As such, we have created a professional culture wherein each member of our staff constantly strives for increased efficiency, ultimately allowing us to provide highly professional services at competitive rates. Our culture of constant value creation and increased efficiencies ensures that the services contracted to and provided by TKE will always mean good stewardship of public resources. C. Contact Person – Terry Renner, P.E., Q.S.D., TKE’s Senior Vice President, will be the contact person during the proposal evaluation period and can be reached by phone at (951) 680-0440 or by email at trenner@tkeengineering.com. Mr. Renner will also act as one of TKE’s Project/Construction Manager’s and will be in direct contact with the project engineers, designers, plan checkers, surveyors, inspectors, subconsultants, and City staff to ensure the project is progressing efficiently. Mr. Renner began working with municipalities in 2000 and since that time he has managed design, survey, construction, inspection, plan check and grant management services for more than 1,000 City CIP and development review projects including street widening, street improvements, traffic signals, pavement rehabilitation, water and sewer improvements, private improvement restoration, drainage, culvert and channel improvements, parks, parking lots, amphitheaters and public facilities. D. Project Team – Our in-house team is comprised of engineers, surveyors and construction professionals who are experts in completing design for all types of public works projects. Because of our current and past relevant experience, our team already has a solid understanding of the City’s procedures, policies and requirements, and ADA policies. Our team is familiar with the City and City staff which will help identify and analyze the critical factors associated with specific projects to begin to develop solutions. As we utilize our knowledge of the City’s standards and specifications, these advantages eliminate the need for the Ci ty to waste time bringing our staff up to speed and ensure that we will work quickly with your staff to create an efficient and fluid work atmosphere, ultimately translating to savings of cost and time to potential projects. E. Proposal Validity – TKE’s proposal shall remain valid for a period of 180 days from the date of submittal. F. Authorization – TKE’s project is signed by a principal of the firm who is authorized to bind TKE to the terms of the proposal. G. Acknowledgement – I have read, un derstood, and agree to all statements in this request for proposal. I am in receipt and acknowledge all addendums. H. Disclosure - TKE has no relationships with any City of San Bernardino elected officials, appointed officials, City employees or family members of any current City of Banning elected officials, appointed officials, or City employees. Thank you for your consideration. If you have any questions, please call me at (951) 680-0440 and/or e-mail me at trenner@tkeengineering.com. Sincerely, Terry Renner, P.E., Q.S.D. Senior Vice President TKE Engineering, Inc.   Packet Pg. 311 Section 1 | Cover Letter Section 2 | Project Understanding of Needs Section 3 | Scope of Services Section 4 | Quality Assurance and Quality Control Section 5 | Key Personnel Section 6 | Relevant Experience Section 7 | Fee Proposal Prepared for: City of San Bernardino Public Works Department 201 North E. Street, 2nd Floor San Bernardino, CA 92401 Contact: Daniel Hernandez Phone: (909) 384-5924 E-mail: Hernandez_Da@sbcity.org Prepared by: TKE Engineering, Inc. 2305 Chicago Avenue Riverside, CA 92507 Contact: Terry M. Renner, P.E., Q.S.D. Senior Vice President Phone: (951) 680-0440 E-mail: trenner@tkeengineering.com TABLE OF CONTENTS Proposal   Packet Pg. 312 Page |2 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 2 | P ROJECT U NDERSTANDING OF N EEDS SECTION 2 | PROJECT UNDERSTANDING OF NEEDS A . PROJECT UNDERSTANDING The City of San Bernardino (City) desires to retain a professional consultant to assist City Staff with by providing On-Call Capital Improvement Program (CIP) Programmatic Services for the City’s upcoming CIP project’s estimated at $100M for the next five years. The City’s CIP projects include rehabilitation of arterial highways, collectors, and residential streets; intersection widening improvements; miscellaneous concrete replacements and Americans with Disabilities Act (ADA) improvements; installation of BMPs and NPDES improvements; installation of traffic signals; construction of park improvements; installation of landscaping and irrigation improvements; bridge maintenance and repairs, and rehabilitation of City-owned facilities under the following disciplines: Δ Environmental, Preliminary Engineering and Right-of-Way Engineering Δ Preliminary and Final Design Δ Pre-Construction Phase Δ Construction Phase Δ Post-Construction Phase TKE has provided numerous municipalities and agencies throughout Southern California with consulting design, surveying, plan checking, construction management and grant management services for every facet of Public Works. TKE proudly serves municipal agencies the following services on a routine basis. The following is a typical list of services provided by TKE Engineering, Inc. G RANT W RITING / F UNDS M ANAGEMENT TKE’s Grant Writing/Funds Management team enables our municipal and agency partners of any size to find potential funding sources and to prepare competitive funding applications. Additionally, after funds are awarded to a partner, TKE ensures compliance with state and federal funding requirements. In the past few years, TKE has obtained millions of dollars in funding for our public works projects and transportation improvements. Our grant writing services are enhanced by integration with engineering services to facilitate and integrate project design. This expedites project start up and completion and ensures compliance with funding requirements. TKE has assisted clients secure funding from the following programs: Δ SRTS and SR2S (Safe Routes to Schools) Δ Federal Transportation Funding thru Caltrans Local Assistance Δ State Proposition 1E and 84 Flood Management Funding Δ Community Development Block Grant (CDBG) Funding Δ Active Transportation Program (ATP) Funding Δ Highway Safety Improvements Program (HSIP) Funding Δ State Water Resources Control Board – State Revolving Fund Program Δ Department of Water Resources – Proposition 40 Grant Program Δ Department of Water Resources – Infrastructure Rehabilitation Grant P ROJECT/PROGRAM M ANAGEMENT TKE has managed publicly funded design projects throughout our history. The breadth of experience and technical skill of our staff enable us to manage a wide variety of projects, ranging from major infrastructure to the restoration and rehabilitation of significant historical structures. We ensure that all work is completed in accordance with funding contract specifications, terms, conditions, state and federal laws and regulations, and client policy. Our management portfolio includes: Δ Pavement Rehabilitation Projects Δ Street Widening Projects Δ Traffic Signal and Striping Projects Δ Facilities Δ Utilities   Packet Pg. 313 Page |3 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 2 | P ROJECT U NDERSTANDING OF N EEDS Δ Signing and Striping Δ Major Infrastructure Projects Δ Reconstruction and Rehabilitation C IVIL E NGINEERING TKE regularly provides design services on a wide variety of public works improvement projects. TKE’s Civil Engineering projects have included: Δ Pavement Rehabilitation Δ Pavement Management Systems Δ Local Streets and Road Design Δ Street Widening Δ Storm Drainage Infrastructure Planning and Design Δ Retention / Detention Basins Δ Storm Drain and Channels Δ Sanitary Sewer Infrastructure Planning and Design Δ Sanitary Sewer Gravity Main, Force Main, and Lift Stations Δ Potable and Recycled Water Infrastructure Planning and Design Δ Water System Reservoirs and Pumping Facilities Δ Filtration Systems Δ Floodplain Analysis and Mapping Δ Traffic Signal Design Δ Traffic Studies and Warrant Analysis Δ Traffic Impact Studies Δ Grading Studies, Design and Earthwork Analysis Δ Capital Improvement Programs (CIPs) Δ Neighborhood Improvement Preservation Δ Hydrologic Studies / Hydraulic Design Δ Storm Water Pollution Prevention Plans (SWPPP) Δ Sediment and Erosion Control Facilities Δ Hydromodification Studies / Water Quality Management Plans (WQMPs) S URVEYING, M APPING, AND R IGHT-OF- W AY E NGINEERING TKE provides Land Analysis services for many projects: Our Surveying and Mapping experts provide these services: Δ Transportation Improvements Δ Land and Real Estate Evaluations Δ Grade Separations Δ Street Widening Δ Construction Layout/Staking Δ Right-Of-Way Engineering Δ Boundary Surveys Δ Construction Surveys Δ Design Surveys Δ Legal Description Surveys Δ Aerial Mapping Δ A.L.T.A. Surveys Δ Topographic Surveys Δ Control Surveys Δ Easement Surveys T RAFFIC E NG I N EERING S ERVICES TKE proudly serves the following services related to traffic engineering projects: T RANSPORTATION E NGINEERING o Planning Studies o Review Traffic Impact Studies o Grant Funding Applications o Signing and Striping Plan Review and Preparation o Development Review including Drainage Studies and WQMP o Prepare Project Conditions of Approval o Other Services as Requested o Traffic Control Plan Review and Preparation R OADWAY/HIGHWAY E NGINEERING o Roundabout Design o Drainage Analysis and Hydrology Reports o Environmental Studies and Reports   Packet Pg. 314 Page |4 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 2 | P ROJECT U NDERSTANDING OF N EEDS o Quantity and Cost Estimates o Roadway/Highway Engineering Plans and Specifications o Erosion Control and WQMP Plans o Right-of-Way Maps and Documents o Agreements o Land surveys o Public Outreach o Other Services as Requested T RAFFIC E NGINEERING o Traffic Engineering Design o Sign and Striping Plan Design o Traffic Control o Other Services as Requested o Warrant Analysis P LAN C HECKING TKE has provided numerous municipalities and agencies throughout Southern California with consulting services and staffing for every facet of Public Works including the City for the past 22 years. In addition, we have worked on multi- million dollar regional mega projects for a variety of government agencies. TKE recognizes the importance of staffing based on a client’s need and workload. Our flexible support and qualified staff enables our clients to serve their community in a cost effective and efficient manner. TKE provides experienced, highly qualified staff with significant technical expertise and strong public relations skills for plan checking. TKE is fully capable of providing staff on a full-time, part-time, on-call or interim basis plan checker. Please refer to our project team presented below together with our corporate resumes to verify our team’s technical ability to deliver these services. TKE has provides similar services to those requested here for a number of different agencies. TKE understands that City’s development and capital improvement standards were developed to meet the needs of that particular community. TKE has developed a thorough understanding of these standards together with the needs of the community. For each project that TKE is assigned, TKE will verify compliance with City standards. Furthermore, with our extensive experience, TKE will be able to recommend improvements to these standards to ensure expedited project delivery and enhanced public infrastructure. C OMMUNITY O UTREACH / P UBLIC R ELATIONS Depending on the City’s needs, TKE’s strategies are designed to reach, inform and involve constituents and stakeholders of planning proposals, projects and programs. If requested, we can provide opportunities for interested parties to comments, enabling actionable analysis of feedback received. TKE’s outreach methods result in building greater consensus and public buy- in. Services include the design, planning and execution of: 1) Marketing campaigns 2) Public information meetings/Groundbreaking ceremonies 3) Project branding 4) Project website design and construction 5) Bilingual project collateral materials (brochures, presentation boards, etc.) 6) Graphic design C ONSTRUCTION M ANAGEMENT TKE has managed publicly funded construction projects throughout our history. The breadth of experience and technical skill of our staff enable us to manage a wide variety of projects, ranging from major infrastructure to the restoration and rehabilitation of significant historical structures. TKE has routinely performed administration of the contract (general contract administration and oversight of project), provided Resident Engineering services pursuant to Caltrans/Federal requirements, constructability reviews on project documents, managed preconstruction and weekly progress meetings, coordinated with contractors, including multiple contractors simultaneously, coordinated with design engineers for design changes and corrections, coordinated with the project inspector, reviewed and responded to RFI’s, reviewed weekly statement of working days, reviewed quantities for monthly progress payments, reviewed extra work tickets and assessed them for justification within the contract requirements, process control documents, submittals, change orders, and work   Packet Pg. 315 Page |5 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 2 | P ROJECT U NDERSTANDING OF N EEDS change directives, prepared and performed contract change orders and negotiations, coordinated with residents and businesses throughout construction process, performed public outreach, represented City’s with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, documented environmental compliance, prepared and acquired right-of-way, coordinated utility relocations, acquired and managed permits from numerous agencies, including Caltrans, South Coast AQMD, BNSF, UP, Riverside County Flood Control & Water Conservation District, U.S Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board and many others, managed numerous funding programs through Caltrans Local Assistance and various other State and Federal funding agencies. TKE has extensive experience with providing construction management services on all types of public works projects. We are extremely familiar with the Greenbook, requirements of plans and specifications, and California public contract code in relation to construction projects and various related work. We ensure that all work is completed in accordance with funding contract specifications, terms, conditions, state and federal laws and regulations, and client policy. Our construction management portfolio includes: 1) Street Widening Projects 2) Sidewalk Repair and ADA Compliance Projects 3) Conventional and Rubberized Pavement Rehabilitation Projects 4) Conventional and Rubberized Pavement Coating Project 5) PCC Paving Projects 6) Traffic Signal and Striping Projects 7) Signing and Striping 8) Bus Transfer Stations 9) Parking Lot Projects 10) Parks and Other Public Facilities 11) Grading and Retaining Walls 12) Storm Drains and Channels 13) Retention and Detention Basins 14) Potable and Recycled Water Mains 15) Reservoirs 16) Pump Stations 17) Filtration Systems 18) Sanitary Sewer Gravity and Force Mains 19) Lift Stations 20) SCADA and Communications 21) Site Improvement Projects 22) Major Infrastructure Projects 23) Reconstruction and Rehabilitation TKE’s construction management services are enhanced by integration with our knowledge and background of civil engineering, traffic engineering and surveying to facilitate and ensure all construction projects managed by TKE will operate safely and efficiently. B. PROJECT APPROACH Whether the services required are planning, design, survey or construction related, successful project delivery is our goal. Our definition of successful project delivery is: • Project completion that meets all project requirements and specifications through: o Programming o Site Planning o Preliminary Design o Program Verification o Design:  Schematic Design  Design Development  Construction Documents  Specifications • Project Completion on Schedule • Project Completion within Budget Our goal is not limited to any one phase of a project only but includes the incorporation of value engineering and constructability review. Through   Packet Pg. 316 Page |6 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 2 | P ROJECT U NDERSTANDING OF N EEDS the examination of specific design and construction alternatives, we will identify the most cost-effective project alternative that meets projects requirements and will provide for the greatest opportunity for expedited construction, which allows us to consistently deliver projects that use public resources in a very wise and responsible manner. We have developed this project approach in order to maintain an expertise in our core business of public works projects with tight budgetary constraints. To achieve our goal, we approach our projects by first developing a project plan. Our project plan considers the major issues described below and development of project tasks (Scope of Services) to be performed by the design team, preparation of task budgets and preparation of a schedule to complete each task. Prior to beginning preparation of a project plan and Scope of Services, we would perform the following: • Detailed Review of the Project • Preliminary Research and Data Collection • Client Inquiries • Field Reconnaissance IMPLEMENTATION PLAN TKE’s implementation plan includes the following key elements which we routinely provide for each of our projects: P ROJECT M ANAGEMENT TKE provides effective project management services to a variety of clients. We have successfully delivered extensive and highly visible street improvement, traffic improvement, drainage improvement, water, wastewater and facility improvement projects for the County of San Bernardino and Riverside, Cities of Banning, Calimesa, Moreno Valley, Chino, Glendora, El Monte, South El Monte, Corona, Highland, Hesperia, Colton, Upland, Fontana, Yucaipa, Rialto, Redlands, Wildomar, Lake Elsinore, and Riverside and for the Municipal Agencies San Bernardino Municipal Water Department, Rubidoux Community Services District, Mission Springs Water District, East Valley Water District, Three Valleys Municipal Water District, Monte Vista Water District, and Maywood Mutual Water Company. TKE’s approach has consistently allowed our partner agencies to fulfill their missions of delivering the best value for the public’s investment. TKE’s management approach includes: M ONTHLY P ROGRESS R EPORTS TKE documents project progress for all projects assigned to TKE by a comprehensive project management summary. The summary includes project name and related number, description of progress, budget status, schedule compliance, and anticipated upcoming accomplishments. C OMMUNICATION Communications with City staff is another important component to effective project management. In addition to the monthly progress reports, TKE meets with clients as needed to ensure the projects are proceeding as anticipated. We document each discussion or meeting with notes and electronically mail them to the project team within three days of the meeting/conference indicating action items and a schedule for completion of these items. R ECORD K EEPING TKE keeps records in an organized filing system both in hard copy and electronic forms. This organized filing system allows TKE to access records immediately should they be needed. M EETINGS TKE meets with project stakeholders as needed including the public, permitting agencies, utilities, etc. We meet with them at the project’s onset and throughout the course of project development to ensure all stakeholder project needs are considered in the project design. All meeting preparation (City Staff Reports, agendas, exhibits, slide shows, etc.) will be prepared by TKE for each meeting. Again, meetings will be documented. TKE has provided numerous similar presentations to Councils (closed sessions, council meetings, community meetings, etc.). T EAM M EETINGS Team meetings include all parties that have any interest in the project development. In particular, the City’s Engineering and Public Works Departments will be close working partners with   Packet Pg. 317 Page |7 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 2 | P ROJECT U NDERSTANDING OF N EEDS TKE in project development and environmental compliance for capital projects. CIP P ROJECT M ANAGEMENT Project management will be an essential element in all types of project delivery. Effective communications will lead to effective management. Management will include weekly reviews of project budget and schedules and regular meetings with all project shareholders. For all projects, the most important aspect of management will be to ensure that the City’s interests are protected to the maximum extent possible and project schedules are met. TKE will ensure that public funds and impact fees are used for the benefit of the community. Any deviation from standards and requirements will be referred to the public works director and/or city engineer and TKE will implement direction given by City staff. Maintaining excellent communications will prevent any project processing misunderstandings and will avoid project delays. TKE management techniques always result in efficient project delivery. Managing other consultants is another area that TKE excels. Due to our extensive variety of project experience, TKE has a vast amount of knowledge with all public works improvement projects. With this understanding, TKE is able to manage others and avoid any costly project changed conditions and delays. R EGULATORY, S UBDIVISION M AP A CT AND C ITY S TANDARDS C OMPLIANCE Another primary function of TKE staff is to verify compliance with aspects of federal, state, and local laws as well as the subdivision map act and City standards. TKE is already well versed with federal, state and local development law and the map act requirements. Further, TKE will familiarize ourselves with City standards verifying that all construction related to engineering components, are constructed in accordance with these requirements and standards. F EDERAL / S TATE F U NDING C OMPLIANCE TKE will verify that all construction activities, records management and processing are completed in accordance with project requirements including Caltrans Construction Manual and Federal /State requirements. TKE is already working closely with Caltrans Local Assistance on numerous other projects and is very familiar with funding requirements ensuring that the City’s projects will be delivered efficiently. TKE also has current experience with Caltrans District 8 preparing requests for authorization to proceed to construction, programming change requests, and variance to finance letter requests to conform to actual bid amounts. F INANCE AND A DMINISTRATION TKE is familiar with a number of funding sources for capital improvement projects. TKE has prepared numerous applications and administered these funds for a number of agencies. TKE has extensive experience with Federal and State funded projects including: Δ Highway Safety Improvement Program (HSIP) Δ Transportation Enhancement Program (TE) Δ Congestion Management & Air Quality (CMAQ) Δ Safe Routes to School (SRTS) Δ Community Development Block Grant (CDBG) Δ U.S. EPA Clean Water Grant Δ U.S. Army Corp Environmental Infrastructure Δ U.S. HUD Community Development Block Grants Δ Active Transportation Program (ATP) o Safe Routes to School (SR2S) Δ Road Repair and Accountability Act of 2017 (SB1) Δ Mobile Source Reduction Committee (MSRC) Δ TDA Article 3 Δ Rubberized Asphalt Concrete (RAC) Δ CA EPA Clean Water SRF Δ Proposition 1 o Clean Water SRF   Packet Pg. 318 Page |8 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 2 | P ROJECT U NDERSTANDING OF N EEDS o Storm Water Grant Program o Integrated Regional Watershed Management Program o Flood Management Program o Proposition 84 o Proposition 1E o Proposition 50 We will apply this knowledge to process current projects and continue to work with City staff to match funding streams with proposed projects. E NVIRONMENTAL C OMPLIANCE Environmental permitting for projects within the CIP may be complex and involve coordination with multiple jurisdictional agencies, in addition to the normal CEQA analysis and determination. Our preliminary review of the CIP indicates that many projects projected will qualify for a categorical exemption. Other projects may require some additional environmental permit requirements including Clean Water Act (CWA) Section 404 permits from the United States Army Corps of Engineers, CWA Section 401 permits from the Regional Water Quality Control Board, Section 1602 Permits from the California Department of Fish and Game and potential US ESA Section 7 permitting from the United States Fish and Wildlife Service. TKE has experience in the acquisition of each of these different permit types and will provide excellent management and oversight to ensure environmental compliance permitting is implemented. C ITY S TAFF R EQUIREMENTS For all projects, TKE will require the City to provide records of existing improvement drawings and copies of any centerline ties and benchmarks during the records research phase. The City will also be required to provide direction for design options and plan check comments at all pertinent phases of design.   Packet Pg. 319 Page |9 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S E CTION 3 | S COPE OF S ERVICES SECTION 3 | SCOPE OF SERVICES A. SCOPE OF SERVICES TKE is familiar with providing a scope of services for all types of design and construction projects. For the purposes of this RFP, TKE has provided a sample scope of work for project management and design services in three progressive phases, 60% Level Completion, 90% Level Completion and 100% Level Completion. If desired, TKE can provide a sample construction management scope of services to the City upon request. TKE’s sample design scope of services is presented in the following paragraphs: T ASK N O . 1 P ROJECT M ANAGEMENT TKE’s Project Manager will be responsible for the entire project team. He will attend all meetings, prepare agendas and corresponding meeting minutes together with collection of signatures for meeting attendees (sign-in sheets). He will meet with the City at appropriate times and will meet as needed with agencies, residents, property owners, and utilities in addition to the meetings presented below. We will also update TKE’s project budget and schedule prior to each City meeting for discussion with staff. Deliverables Agendas, Meeting Minutes, Exhibits, and Project Progress, Schedule and TKE Budget Updates T ASK N O . 2 I NITIAL ‘KICK O FF’ M EETING Prior to commencement of services, we propose to meet City staff to review project obligations and to discuss all project requirements in detail. TKE’s Project Manager and Project Engineer will attend the meeting to determine project protocol, design requirements, grant requirements and obtain City record drawings. Deliverables Agenda, Minutes, and Distribution to all Entities T ASK N O . 3 R ECORDS R ESEARCH We will thoroughly research existing utility records and acquire copies of all available records. The purpose of the records research is to assemble survey records to establish locations of street centerlines, street rights-of-way, and easements and determine locations of all existing utilities and improvements. The research will consist of assembling copies of assessors’ maps, tract maps, parcel maps, easement documents, monument ties, benchmark data, corner records, street and storm drain improvement plans, and utility drawings. We will request the City provide copies of available pertinent City records, such as survey ties, benchmarks, and street, sewer and storm drain improvement plans. We will notify Underground Service Alert to acquire a complete list of underground utility purveyors. The utility drawings will include existing drawings from the City, and drawings and/or atlas maps from all private utility companies, and/or agencies. We will confer and coordinate with the following agencies as well as any additional agencies listed in the Underground Service Alert: • San Bernardino Municipal Water Department • East Valley Water District • Frontier Telephone • AT&T Telephone • Sprint • Southern California Gas Co. • Southern California Edison • Time Warner Cable Television • Charter/Spectrum Communications We will send first utility notice letters to all listed utility companies and agencies requesting their   Packet Pg. 320 Page |10 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S E CTION 3 | S COPE OF S ERVICES data. We will maintain copies of the letters and correspondence for future reference. We shall also provide the City with a complete copy of all correspondence with all utility companies. Deliverables Record Data and Utility Information T ASK N O . 4 D ESIGN S URVEY TKE will conduct a conventional design survey of the project area due to the level of detail needed for precise grading design. Our field survey crews will collect appropriate detail as required to prepare a topographic map for the entire reach of the project limits. The topographic map shall be a minimum of 120-feet wide and shall extend 100-feet beyond end of centerline. In addition, we will collect 50-foot cross sections with shots extending to right-of-way and 25-feet beyond right-of-way on each side where possible. Survey data will include visible grade breaks, trees over 2-inches in diameter, buildings, walkways, sidewalks, driveways, curbs, gutters, cross gutters, fire hydrants, water valves, manholes, water meters, signs, street lights, power poles, fences, structure, and all other visible features. In addition, we will survey the existing height of overhead wires near the traffic signal modification improvements. Our crews will set 100-foot stationing along street centerlines and collect existing topography as needed to provide sufficient level of detail for precise design. The crew will also measure invert, top of cone and rim elevations for all existing manholes in the project area and invert and rim elevations for all drainage facilities. The crew will set temporary benchmarks within the project limits and each will be shown on the drawings. Deliverables Ground Topography, Utilities and Data in ASCII Format with Description Codes T ASK N O . 5 T OPOGRAPHIC M AP/SURVEY C ONTROL P LAN We will prepare a topographic map for the entire project reach. The topographic map shall be prepared in AutoCAD format at 1”=40’ scale and shall include 1 foot contours. A survey control plan shall be prepared and shall show all existing found monumentation, benchmarks, ties and temporary control points. All found monumentation will include descriptions and tie-out information. The survey control plan will be provided to the City in hard copy (mylar) and digital (AutoCAD and PDF) formats. Deliverables Topographic Mapping T ASK N O . 6 B ASE C ONSTRUCTION D RAWINGS We will prepare the base construction drawings on 24” by 36” sheets with the City’s standard title block using AutoCAD 2021 software, at a drawing scale of 1”=40’. The base construction drawings will include a plan view based on the accumulated conventional survey data. We will add the sheet north arrow, graphic scale, existing improvements and utilities (based on both assembled records and field data), property lines, public and private right-of-way, easement areas, assessor parcel numbers, street centerline, street names, building locations, water service location; sewer manhole lids and water valve lids; cross gutters; driveways, pedestrian ramps; traffic stripes and legends; curb returns; details of private improvements, fences, gates, irrigation systems, mailboxes, trees and landscaping, and survey data to the drawings. Once the base drawings are complete, we will perform a careful field review to ensure all underground facilities are shown correctly.   Packet Pg. 321 Page |11 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S E CTION 3 | S COPE OF S ERVICES Deliverables Base Construction Drawings in Plan View T ASK N O . 7 G EOMETRIC A LIGNMENT D ESIGN Geometric configuration for the roundabout will require extensive coordination between TKE and the City to determine the preferred alignment configuration that will balance the roundabouts functionality and performance versus its safety and fastest path, while considering right-way impacts. The central island size, entry width, lane width and entry deflection angle will require extensive analysis to develop the appropriate dimensions for each to meet City goals and provide a functional and safe roundabout. Using the topographic and base mapping, TKE will prepare the roundabout geometric alignment to be used for analyzing the proposed speeds through the roundabout, inscribed circle diameter, entry width, circulatory roadway width, central island, entry and exit curves, splitter islands and pedestrian crossing treatments, fastest path review versus operational functionality for the design vehicle, stopping sight distance, intersection sight distance and non-motorized design users. The geometric analysis will follow the Federal Highway Administration design guidelines for roundabouts. Upon completion of the alignment design, TKE will present the information to the City for approval. In addition, we will prepare preliminary construction drawings showing proposed street improvements. Proposed improvements will be designed in accordance with the City’s current street design standards and specifications for ultimate street widening. Of note, with the incorporation of roundabouts, the standard ultimate street half width is typically not required. We will include proposed curb, sidewalk, driveway and ramp locations to assess right-of-way requirements. We will show the typical street section incorporating existing utility and improvement locations, existing drainage improvements, existing right-of-way, proposed right- of-way requirements at each intersection, and right- of-way exhibit. We will prepare quantity estimates for all proposed improvements. In addition, we will prepare a preliminary construction cost estimate using an Excel spreadsheet. Descriptions of work, unit prices, and quantities will be included in the spreadsheet. Deliverables Geometric Alignment Exhibit in Plan View and Preliminary Estimate T ASK N O . 8 G EOTECHNICAL I NVESTIGATION We would propose to retain Aragón Geotechnical, Inc. (AGI) as a subconsultant to provide geotechnical services for the project. AGI will provide geotechnical evaluations and recommendations for pavement design and other geotechnical considerations for the project. They will perform the following: • Drilling, sampling and logging of necessary borings for evaluation of street structural section. AGI will notify Underground Service Alert and will provide necessary traffic control for the field operations. The borings will be drilled to a depth of at least five feet. The asphalt pavement thickness and base thickness will be noted during the boring operations. • Design of pavement structural section using City provided traffic indices. The pavement will be designed for the larger of the two indices plus one point. • Laboratory testing of representative soil samples to evaluate in-situ moisture content, density tests, max density and optimum tests, sieve analysis, R-value, direct shear tests, consolidation and collapse tests and percolation test of the on-site soils.   Packet Pg. 322 Page |12 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S E CTION 3 | S COPE OF S ERVICES • Data compilation and geotechnical analysis of existing geotechnical maps, reports, and field and laboratory data to provide recommendations for pavement design. Analysis will include recommendations for new pavement section alternatives, based on the traffic indices and R-value testing. • Preparation of a report presenting their findings, conclusions and recommendations pertaining to design, compaction requirements, and subgrade preparation for each street. In addition, the report will provide recommendations for asphalt pavement recycling and other recommendations for rehabilitative repair strategies. The report will include a scale plan showing locations and identifications of all borings and other geotechnical information. Deliverables Geotechnical Report and Field Log Data T ASK N O . 9 C OMPOSITE U TILITY P LAN TKE will prepare a composite utility plan which identifies all existing utilities within the proposed right-of-way and all utilities affected by the proposed street and traffic signal improvements and requiring relocation. The plan shall show all above and below ground utilities including all laterals. The utility plan will be for City use in coordinating with utility companies. Deliverables Composite Utility Plan T ASK N O . 10 60% D ESIGN 60% Design will include preparation geometric roadway improvement exhibits, preliminary construction drawings, preliminary technical specifications, preliminary construction estimates, and completed geotechnical report. Construction drawings will show proposed street and intersection geometrics including locations of proposed curb, drive approaches, sidewalk, center island, refuge islands, swales, ramps, spandrels and cross gutters. In addition, street grades will be prepared to establish project grading requirements. Proposed improvements will be designed in accordance with the City’s current street and drainage design standards and specifications for ultimate street widening. The proposed improvements will be designed to minimize grading, earthwork and transitions onto private property. For the drawings, it is estimated we will prepare 1 title sheet, 1 construction note sheet, 2 demolition sheets, 4 plan/profile sheets, 2 drainage sheets, 1 cross-section sheet, 4 landscape and irrigation sheets, 1 street lighting sheets, 3 electrical sheets, 2 signing and striping sheets, and necessary detail sheets. The title sheet shall include the title of the job, a vicinity map showing the City in relationship to surrounding communities, a location map showing the project limits, construction notes, an index for the drawings, list of references on the City’s standard title block. The construction note sheets will show general construction notes, a list of abbreviations used, benchmark data, general notes, utilities with phone numbers, and project specific requirements. The demolition sheets will show existing improvement demolition including limits of pavement removal, saw cutting locations and limits and concrete cross gutters and curbs, if required. In addition, the plan will specify relocation of private   Packet Pg. 323 Page |13 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S E CTION 3 | S COPE OF S ERVICES improvement such as mailboxes fences, etc. as required. Plan/profile sheets will show proposed improvements including curb and gutter, roundabout median curbs, sidewalks, handicap ramps, driveways, pavement limits, storm drain pipe, manholes, catch basins, overlay limits, signs, traffic stripes, existing utility relocations (if any), water service relocations, and sewer manhole, valve, and vault cover grade adjustments. For the profile portion of the drawings, we will show existing and proposed pavement elevations at centerline and existing edge of pavement on both sides of the streets with appropriate design data together with proposed top of curb elevations. The drainage sheets will be prepared in accordance with City standards and requirements. The sheet will be prepared at a 1”=20’ scale and will show existing right-of-way, curb, gutter, sidewalk, existing utilities, existing right-of-way, curb, gutter, sidewalk, existing utilities, existing drainage improvements and all proposed improvements including catch basins, pipe and connections. Storm drain sheets will show top of pipe, flowline, structures utility crossings and ground surface. The street cross-sections sheets will show street sections at appropriate drawing scales. The sections will be dimensioned and construction and demolition notes will be shown. In addition, rights- of-way and limits of work will be shown. Landscape and irrigation sheets will include design for the landscaping within the proposed roundabouts. The sheets will include the point of connection, irrigation layout and planting materials to be installed and shall be in conformance with City standards, specifications, ordinances, regulations and requirements. Street lighting sheets will be prepared in accordance with City standards and requirements. The sheets will be prepared at a 1”=20’ scale and will show existing right-of-way, curb, gutter, sidewalk, existing utilities, existing right-of-way, curb, gutter, sidewalk, existing utilities, existing and proposed street light improvements and all proposed modifications including conduit extension and head replacements. The electrical sheets will include design for decorative lighting at each roundabout intersection, including splitter islands to accommodate pedestrian warning lighting. The sheets will be prepared at a 1”=20’ scale and will show existing right-of-way, curb, gutter, sidewalk, existing utilities, existing right-of-way, curb, gutter, sidewalk, existing utilities, existing and proposed electrical improvements and connections. The signing and striping sheets will include all required pavement markings, lane stripes and signage in accordance with the MUTCD, California supplement and all other applicable City requirements, for the project limits. The sheets will be prepared at 1”=40’ scale and include full geometrical layouts at each intersection. For the specifications, we will amend the City Standards Technical Provisions as required for the projects. The construction specifications will be prepared in Microsoft Word (2020 Version) format in accordance with City standards. In addition, we will prepare quantity estimates for all proposed improvements prepared using an excel spreadsheet showing an itemized construction cost breakdown. Descriptions of work, unit prices, and quantities will be included in the spreadsheet. 60% Design (construction drawings, technical specifications, construction estimates, completed geotechnical report, environmental documents and right-of-way documents and approvals) will be submitted with a project summary memorandum together with an updated project schedule, utility contact matrix, stakeholder meeting summary, and internal plan review documentation. Deliverables   Packet Pg. 324 Page |14 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S E CTION 3 | S COPE OF S ERVICES 60% Design Sheets A SK N O . 11 C OORDINATION W ITH A GENCIES/ U TILITIES After 60% design is complete, plans will be sent to agencies having facilities in the project areas requesting that they verify their facilities are shown correctly and that they furnish any construction requirements they desire. We will highlight each agency’s facilities and advise each of potential conflicts and relocation requirements. We will request that they respond within two weeks and we will follow up with telephone calls to confirm all agency requirements have been incorporated. We will document all conferences with utilities and agencies and copy the City via e-mail. Deliverables Utility Coordination Matrix T ASK N O . 12 60% D ESIGN R EVIEW M EETINGS After the City has completed its review, we will meet with City staff to acquire Staff’s comments for preparation of revised plans, specifications and estimates. It is anticipated that the City will be involved in the 60% plan check process and subsequent 60% design review meeting. Deliverables Meeting Agenda, Minutes and Final Design Approval T ASK N O . 13 R IGHT- O F - W AY We will prepare all necessary final right-of-way documents for the project including permanent and temporary construction right-of-way. We will prepare legal descriptions and plats for each parcel requiring acquisition. The City will provide appraisal reports and negotiate the acquisition. We will maintain a right-of-way acquisition map and will update it as right-of-way progress. Each will be prepared in accordance with the City requirements. For this project we have assumed 4 right-of-way acquisitions will be required. Deliverables Legals and Plats T ASK N O . 14 90% D ESIGN 90% design will include incorporation of City comments, final street and roundabout, drainage, lighting and signing and striping plans. We will verify that the project will comply with ADA design requirements and that adequate drainage will be achieved. 90% Design will be submitted with a project summary memorandum together with updated project specifications and estimates. Deliverables 90% Design Sheets T ASK N O . 15 F INAL C OORDINATION W ITH A GENCIES/ U TILITIES After the final drawings are approved by the City, we will again submit them to all agencies/utilities having underground facilities in the project area requesting that they verify their facilities are shown correctly and we will advise them of the project construction schedule and relocation requirements. In addition, we will coordinate final relocation construction prior to project bidding. We will document all meetings and conferences with utilities and agencies. Deliverables Utility Coordination Matrix T ASK N O . 16 90% D ESIGN R EVIEW M EETINGS   Packet Pg. 325 Page |15 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S E CTION 3 | S COPE OF S ERVICES After the City has completed its review, we will meet with City staff to acquire Staff’s comments for preparation of revised plans, specifications and estimates. Deliverables Meeting Agenda, Minutes and Final Design Approval T ASK N O . 17 100% D ESIGN 100% design will include incorporation of City comments, final plans, specifications, and estimates, ready for public bidding. Final documents will include mylars and hard copy specifications with signatures and electronic copies of final documents. 100% Design will be submitted with a project summary memorandum together with an updated project schedule, additional stakeholder meeting summary, and internal plan review documentation. Deliverables One (1) Full-Size Mylar of 100% Drawings; Hard Copy of Specifications and Estimate, Electronic Files of Final Plans, Specifications and Estimate T ASK N O . 18 B IDDING A SSISTANCE TKE will assist the City during project bidding by attending pre-bid meeting, answering questions about or provide clarifications of the contract documents as requested by the City, and will prepare addenda if necessary. Deliverables Response to RFI’s, Addenda Preparation and Bid Analysis Recommendations T ASK N O . 19 A SSISTANCE D URING C ONSTRUCTION TKE shall attend the preconstruction meeting and upon receipt of redlined drawings, TKE will prepare a complete set of signed and stamped record drawings, which will reflect the improvements as constructed; any changes made during project construction. Said record drawings will be based on data furnished by the public agencies, the contractor, and the City. Deliverables Response to RFI’s, Shop Drawing Submittals, and As-Built Preparation   Packet Pg. 326 Page |16 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 4 | Q UALITY A SSURANCE AND Q UALITY C ONTROL SECTION 4 | QUALITY ASSURANCE AND QUALITY CONTROL A. QUALITY ASSURANCE/QUALITY CONROL TKE takes pride in our reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of work, and believes that a high level of quality is needed on all PS&E packages. High quality design yields the following tangible results: Δ Ease of oversight Δ Smoother processing Δ Healthy number of bidders Δ Consistent bids Δ Minimized construction support cost Δ Absence of design-related change orders Δ Reduced claims and dispute resolution costs TKE believes that the most successful quality assurance program is one that is applied inherently throughout the entire design process and all design activities. This program requires not only formal procedures for checking, but encourages the conscientious effort of experienced people to always “create quality” in every task performed throughout the design process. This program has become a natural element in all aspects of TKE’s design and management activities, and will guide our work on this contract: Δ Staff training and development Δ Assignment of experienced staff Δ Continuity of staffing Δ Project-specific work plan Δ Schedule compliance Δ Comprehensive field review and compilation of site data Δ Established design procedures Δ Established detailing standards Δ Established checking procedures, including independent in-house QA/QC review using TKE checklists Δ Dual (independent) quantity estimates Δ Review by Constructability expert This Quality Assurance/Quality Control program is in place to ensure that PS&E documents prepared by TKE continue to exceed the standards of our clients and that we will deliver the project on schedule and within budget. Effective QA/QC includes assignment of experienced staff, continuity of staffing, project- specific work plan, schedule compliance, comprehensive field review and compilation of site data, established design procedures, established detailing standards, established checking procedures, including independent in-house QA/QC review, dual (independent) quantity estimates, and review by constructability expert. The Quality Assurance / Quality Control program is in place to ensure that services provided by TKE continues to exceed the standards of our clients and that we will deliver the projects on schedule and within budget. For cost controls, TKE’s client manager will provide monthly progress reports documenting project progress for all projects assigned to TKE using a comprehensive project management summary. The summary includes project name and related number, description of progress, budget status, schedule compliance, and anticipated upcoming accomplishments.   Packet Pg. 327 Page |17 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 5 | K EY P ERSONNEL SECTION 5 | KEY PERSONNEL TKE has assembled an elite team of professionals to partner with the City to provide professional engineering consulting services. TKE’s management team came together out of the collective belief of longtime practitioners that there needed to be, in the civil engineering and land surveying consultant’s marketplace, a company that brought modern management techniques and new ways of thinking to the business of consulting services for engineering projects. TKE currently provides similar services to other clients and as can be verified by our references, we effectively meet the needs of our clients. If selected, TKE is committed to meeting all of the City’s needs and will adjust any workloads as necessary to complete a project provided by the City. TKE’s local service approach ensures that the City’s needs will be met and TKE will constantly strive to exceed the City’s expectations. Key personnel will be available to the extent proposed for the duration of the project. No person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City. Our management team is 100% accountable and responsible for TKE’s work product and actively seeks feedback and suggestions on our services. Below is a summary of education, experience and credentials of key personnel proposed to perform the work in any upcoming projects.   Packet Pg. 328 Page |18 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 5 | K EY P ERSONNEL TERRY RENNER, P.E., Q.S.D. TKE Engineering, Inc. EDUCATION B.S, Civil Engineering, California State Polytechnic University, Pomona CERTIFICATIONS Caltrans SWPPP Certified QSP/QSD Training REGISTRATIONS P.E. License Number 69984 (CA) Qualified SWPPP Developer and Practitioner #24329 AFFILIATIONS Riverside-San Bernardino Counties Branch, American Society of Civil Engineers American Public Works Association American Council of Engineering Companies of California Mr. Renner is the Senior Vice President of TKE and has 23 years of experience in civil engineering infrastructure projects, including transportation and traffic improvements, drainage improvements, sewer and water improvements, facilities improvements and recreation improvements. He has managed numerous grant funded (Federal and State) projects and has delivered projects for the Cities of Coachella, Highland, Calimesa, Yucaipa, Fontana, Rialto, Upland, Riverside, and Redlands. As a construction manager, Mr. Renner has been responsible for supervising a staff of inspectors, construction coordination and scheduling, utility relocation coordination, public relations, submittal review, coordination with subconsultants, weekly progress meetings, request for information responses, storm water management, progress payments, change order review and negotiations, labor compliance, and project closeout. He has successfully delivered a wide variety of complex and challenging projects and is dedicated to ensuring that the projects managed and delivered by TKE continue to exceed industry standards. DETAILED PROJECT EXPERIENCE • CV Sync Construction Management, Palm Desert, CA- Mr. Renner serves as the Construction Manager in charge of oversight of CV Sync project. This work involves plan review, management and approval of construction scheduling, budget, field work, local agency procedures and more. This project involves coordination and support across twelve agencies in the Coachella Valley The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation System (ITS) elements, ITS sub-systems, and Ethernet/IP-based communications that will be expandable and scalable for future integration of ITS technologies and strategies, such as Integrated Corridor Management (ICM), Smart Cities, Connected and Autonomous Vehicles, a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC). • City of Calimesa Traffic Engineering, City of Calimesa, CA – Mr. Renner provides on-call traffic engineering services to the City. He is currently responsible for review of traffic control plans, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis. While providing these services to the City, Mr. Renner has represented the City with other agencies, represented engineering with the City’s management personnel and other meetings, managed engineering budgets and project schedules. • City of Wildomar Traffic Engineering, City of Wildomar, CA – Mr. Renner provides on-call traffic engineering services to the City. He is currently responsible for review of traffic control plans, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis. While providing these services to the City, Mr. Renner has represented the City with other agencies, represented engineering with the City’s management personnel and other meetings, managed engineering budgets and project schedules.   Packet Pg. 329 Page |19 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 5 | K EY P ERSONNEL STEVEN LEDBETTER, P.E. TKE Engineering, Inc. EDUCATION B.S, Civil Engineering, California State Polytechnic University, Pomona REGISTRATIONS P.E. License Number 84044 (CA) AFFILIATIONS Riverside-San Bernardino Counties Branch, American Society of Civil Engineers American Public Works Association American Council of Engineering Companies of California Mr. Ledbetter has over 21 years of professional experience in the civil engineering industry. He has handled various critical and challenging projects from planning through design and implementation; all while ensuring that projects are executed as per specification in the stipulated time with quality. He has a well-rounded background with experience in: preparation and analysis of street and utility improvement plans and specifications including potable and non-potable water, wastewater, and drainage; utility master planning including computer modeling, analysis, and report preparation; water resource planning and management including feasibility studies, urban water management planning, water supply assessments and verifications, integrated regional water management planning, and groundwater management planning; storm water compliance reporting including water quality management plans and storm water pollution prevention plans and; and grant writing and administration for various State and Federal agency programs. DETAILED PROJECT EXPERIENCE • CDBG Street Improvement Project, City of El Monte, CA- Mr. Ledbetter was a project engineer for design of CDBG funded pavement rehabilitation on Klingerman Street, Strozier Avenue and Fern Street for the City of El Monte. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the pavement rehabilitation, curb, gutter, sidewalk, ADA curb ramps, and striping replacement. • ATP Cycle 1 Safe Routes to Calimesa and Wildwood Elementary Schools, City of Yucaipa, CA – As Project Engineer, Mr. Ledbetter is providing design engineering services including preparation of full Construction documents including environmental compliance documents, right-of-way acquisition, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the Bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along Avenue ‘H’ from 3rd Street to Holmes Street and along County Line Road between 3rd Street and California Street. • 2nd Street Safe Routes to School, City of Calimesa/Yucaipa, CA – As Project Engineer, Mr. Ledbetter assisted with the design and construction of SR2S funded pedestrian path of travel enhancements to provide safer walking paths along 2nd Street between Avenue “L” and Avenue “H” and along Avenue “L” between 2nd Street and 3rd Street. The project included design and construction of proposed curb, gutter and sidewalk improvements for increased pedestrian safety. The project included approximately 1-mile of street improvements together with structural bridge widening over existing drainage channel, right-of-entry acquisition, public outreach and coordination, utility relocation and roundabout construction at the intersection of County Line Road and 2nd Street. Mr. Ledbetter was also responsible for grant management with the Caltrans Local Assistance, bidding services, permitting, construction administration and utility coordination.   Packet Pg. 330 Page |20 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 5 | K EY P ERSONNEL OCTAVIO PARADA TKE Engineering, Inc. EDUCATION Bachelors of Science (B.S), Autonomous University of Baja California, Mexico (UABC) CERTIFICATIONS Certificate (1996), Traffic Engineering for highways, Secretary of Transport and Communication (SCT-Mexico) Certificate (2007), CAD Pilot Boot Camp for Civil 3D, CVIS Mr. Parada has over 26 years of progressive experience in civil engineering in the public works sector as well as the private sector. He is result-driven, proactive and detail-oriented with a proven track record of successfully handling and delivering a wide variety of complex and challenging projects. He is dedicated to ensure that projects exceed industry standards and consistently finishing under budget and schedule. Through his career, Octavio has accumulated extensive experience in planning, designing and project completion for more than 30 miles of roadways, street widening, medians, traffic calming, roundabouts, signing and striping modifications, bicycle lanes, pedestrian facilities for major corridors, arterials, collectors and residential streets, including water improvements, sewer improvements, drainage improvements, grading plans and computerized system modeling for drainage master plans. Finally, Octavio has worked in the private sector for commercial and industrial development as technical director managing projects from the conceptual stage, through planning, designing, bidding, construction, and project completion under project specifications and exceeding client expectations. DETAILED PROJECT EXPERIENCE • A-04 Drainage Corridor Project, City of Hesperia, CA - The A -04 Drainage Corridor project is located in the southwesterly portions of the City of Hesperia. The A-04 drainage corridor is the City’s largest drainage tributary containing more than 4,380 acres and conveys flows in excess 5,000cfs. The project includes construction of three proposed flood control basins totaling over 1,000 ac-feet of storage and more than 17,000 linear feet of various size storm drain pipe and box culverts, together with inlet and outlet facilities. During moderate and larger storm events, flooding and sediment accumulation occurs along the entire drainage corridor downstream of the proposed project; in particular, on Main Street, one of the highest volume streets in the city. The project will enhance quality, reduce the region’s dependence on imported water supplies, and simulate economic development. Mr. Parada Assisted in the preparation of hydrology and hydraulic analysis, as well as Exhibit and data tables for permitting and administration purposes. • Calimesa Creek Storm Drainage Improvements, City of Calimesa, CA – Mr. Parada is currently assisting in the design and preparation of different grading basin configurations, perform earthwork calculations as well as tributary Hydrology and Hydraulic analysis. The Project is located in the City of Calimesa along County Line Road between the Interstate 10 Freeway and 5th Street. The proposed project is planned to provide bank stabilization and storm water management improvements along a 0.6-mile portion of the Calimesa Creek to mitigate erosion and flooding of the earthen channel with undersized street culvert crossings and severely eroded side slopes with near vertical walls. The project will provide 100-year storm protection upstream of the project site and downstream it will reduce peak flow by incorporating a 53 acre-feet detention basin located west of 3rd street and north of the existing Calimesa channel Stage I.   Packet Pg. 331 Page |21 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 5 | K EY P ERSONNEL JUSTIN P. SCHLAEFLI, P.E., T.E., PTOE TKE Engineering, Inc. EDUCATION Bachelor of Science, Civil Engineering, San Diego State University 2005 Master Of Civil Engineering, Norwich University 2007 CERTIFICATIONS Professional Traffic Operations Engineer IMSA Level II Signal Technician — Field Certified Fiber Optic Technician AFFILIATIONS Former Second Vice President, San Diego Highway Development Association Member National Academy of Sciences, Transportation Research Board Member, Institute of Transportation Engineers Justin has 22 years of experience in the transportation field. He is responsible for managing projects on a day-to -day basis as well as interfacing with other project team members and decision makers/ government staff and Contractors. He specializes in Intelligent Transportation Systems, Transportation Planning, Construction, Signal Maintenance, Traffic Engineering and Traffic Operations. He has experience working on both public sector projects as well as private sector development. His experience ranges from construction management and inspection to operations and maintenance. He also has experience conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic micro- simulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Justin has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. Through his career, Justin Schlaefli has accumulated truly unique experience in Traffic Engineering. For example, Justin has served as an expert for the State Board of Professional Engineers with respect to creation of the Traffic Engineer license exam. In addition, Justin has served as a qualified expert witness for the US Attorney’s office in cases involving traffic accidents and traffic signal timing. In addition, Justin has completed hundreds of traffic and safety studies throughout his career including substantial CEQA/NEPA work. Finally, Justin has overseen design/build projects for signal modification and ITS improvements including projects in Caltrans jurisdiction and involving multi-agency coordination. DETAILED PROJECT EXPERIENCE • City of Calimesa Traffic Engineering, City of Calimesa, CA – Justin provides on- call traffic engineering services to the City. He is currently responsible for review of traffic control plans, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis. While providing these services to the City, Justin has represented the City with other agencies, represented engineering with the City’s management personnel and other meetings, managed engineering budgets and project schedules. • City of Rialto Traffic Engineering, City of Rialto, CA – Justin provides on-call traffic engineering services to the City. He is currently responsible for review of traffic control plans, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis. While providing these services to the City, Justin has represented the City with other agencies, represented engineering with the City’s management personnel and other meetings, managed engineering budgets and project schedules.   Packet Pg. 332 Page |22 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 5 | K EY P ERSONNEL RON MUSSER, P.L.S. TKE Engineering, Inc. REGISTRATIONS P.L.S. License Number (CA): 4230 Mr. Musser has over 52 years of experience in performing field and office surveying and plan checking services for public and private projects including roadway and highway projects. He has performed design topographic surveying and construction staking on all of TKE’s respective design and construction management projects and map checking over the past 10 years. In addition, he has prepared records of survey, parcel maps and tract maps in San Bernardino County, Riverside County, San Diego County, Orange County and Los Angeles County. He has performed boundary, topographic, ALTA, and precise level surveys as well as Global Positioning Surveys. Mr. Musser currently provides map checking services to the cities of Calimesa, Upland, Azusa, Pico Rivera and El Monte. DETAILED PROJECT EXPERIENCE • On-Call Survey and Map Checking Services, City of Calimesa, CA - Mr. Musser provides on-call map checking services to the City of Calimesa. Mr. Musser is providing map checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. Services include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions. • On-Call Survey and Map Checking Services, City of Hesperia, CA - Mr. Musser provides on-call map checking services to the City of Hesperia. Mr. Musser is providing map checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. Services include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions. • On-Call Map Checking Services, City of Upland, CA - Mr. Musser provides on-call map checking services to the City of Upland. Mr. Musser is providing map checking services for several tract developments, single family residential units and commercial retail centers within the City. Services include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions. • On-Call Map Checking Services, City of Wildomar, CA - Mr. Musser provides on-call map checking services to the City of Wildomar. Mr. Musser is providing map checking services for several tract developments, single family residential units and commercial retail centers within the City. Services include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions.   Packet Pg. 333 Page |23 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 5 | K EY P ERSONNEL NAME/ROLE CURRENT WORK % COMMITMENT TERRY RENNER, P.E., Q.S.D. Project/Construction Manager Sierra Avenue Widening Project City of Fontana 30% Traffic Signal Synchronization Project Coachella Valley Association of Governments 10% Years with firm: 23 Moreno Valley Citywide Paving Project City of Moreno Valley 10% LPP County Line Road Corridor Improvements City of Calimesa 20% TKE Engineering, Inc. Proposed Project Availability: 30% STEVEN LEDBETTER, P.E. Project/Construction Manager Regional Wastewater Treatment Plant Mission Springs Water District 50% 19th, 20th and Little Morongo Street Improvements Mission Springs Water District/City of Desert Hot Springs 25% Years with firm: 21 TKE Engineering, Inc. Proposed Project Availability: 25% JUSTIN SCHLAEFLI, P.E., T.E., P.T.O.E. Project/Construction Manager On- Call Traffic Engineering City of Highland 5% Traffic Signal Synchronization Project Coachella Valley Association of Governments 60% Years with firm: 3 On- Call Traffic Engineering City of Rialto 10% TKE Engineering, Inc. Proposed Project Availability: 25% OCTAVIO PARADA Project Manager Calimesa Creek Drainage Improvements City of Calimesa 10% San Bernardino and Willow Street Traffic Signal City of Rialto 20% Years with firm: 18 Ramona Avenue and Howard Street Roundabout City of Montclair 30% TKE Engineering, Inc. Proposed Project Availability: 40% RON MUSSER, P.L.S. Senior Surveyor Sierra Avenue Widening Project City of Fontana 10% On-Call Survey/Map Checking City of Highland 20% Years with firm: 16 On-Call Survey/Map Checking City of Hesperia 30% TKE Engineering, Inc. Proposed Project Availability: 30%   Packet Pg. 334 Page |24 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 5 | K EY P ERSONNEL Project Manager- Drainage/Streets Octavio Parada TKE Engineering, Inc. Project Manager Terry Renner, P.E., Q.S.D. TKE Engineering, Inc. Project Manager-Traffic Justin P. Schlaefli P.E., T.E., P.T.O.E. TKE Engineering, Inc. Senior Surveyor Ron Musser, P.L.S. TKE Engineering, Inc. Project Manager-Water Steven Ledbetter, P.E. TKE Engineering, Inc. SUPPORT TEAM (40+ Members) Michael P. Thornton P.E., P.L.S. | President Bob Doss, P.E. | Construction Manager Michelle Arellano, P.E. | Senior Plan Check Engineer Jennifer Cioffi, P.E. | Project Manager Brett Enscoe | Survey Party Chief Steve Nix, P.E., P.L.S. | Senior Engineer Mycal Balta | Public Works Inspector Brian Wolfe, P.E. | Senior Engineer Steve Dukett | Managing Director Development Services Marvin Lara, EIT | Assistant Construction Manager Monae Pugh | Traffic Engineering Specialist Travis Bradshaw EIT| Associate Engineer Patrick Palafox | Senior Public Works Inspector Shelby Kelley, EIT | Associate Engineer Brad Enscoe | Senior Public Works Inspector Jose Martinez | Associate Engineer Tyler Ault | Senior Public Works Inspector Alex Estepa | Associate Engineer Jeff Lantosh | Senior Public Works Inspector Jose Hernandez | Associate Engineer Brian McDuffie | Senior Public Works Inspector Metehan Gumustekin EIT | Associate Engineer Nelson Blackwell | Senior Public Works Inspector Chance Renner | Associate Engineer Michael Counce | Senior Public Works Inspector Emmanuel Perez | Engineering Assistant Brittany Simmons | Proposal Coordinator Jayden Renner | Engineering Technician Michelle Sells | Accounting/Office Manager Nyesha Burnatte | Engineering Technician Tracey McLoughlin | Clerical Daniel Melero | Engineering Technician Jeannette Barlow | Clerical Deana Vilches | Clerical   Packet Pg. 335 Page |25 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES SECTION 6 | EXPERIENCE AND REFERENCES A. RELEVANT EXPERIENCE CITY OF CALIMESA ENGINEERING SERVICES City of Calimesa, CA Client Contact: Ms. Bonnie Johnson Phone Number: (909) 795-9801 Email: bjohnson@cityofcalimesa.net Project Cost: $80M+ to date Completion Date: On-Going DESCRIPTION RELEVANCE TO CITY OF SAN BERNARDINO • On-Call Design Services • On-Call Construction Management and Inspection Services • On-Call Survey Services • On-Call Plan Checking Services • On-Call Project Management Services • On-Call Traffic Engineering TKE provides on-call project management and civil engineering services to the City, including City Engineer. TKE managed more than $20 million in public improvements. While providing these services to the City, TKE represented the City with other agencies at numerous meeting, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work. In addition, TKE managed major infrastructure development projects. SERVICES Services included council report preparation, design review and review of hydrology and hydraulic studies, project planning, review traffic impact studies, prepare grant funding applications, report preparation, surveying, project scoping, environmental compliance services, utility coordination, right-of -way acquisition coordination, provided project management, performed construction management, inspection and negotiation with property owners. KEY STAFF Michael P. Thornton, P.E., L.S. Terry Renner, P.E., Q.S.D. Gabor Pakozdi, P.E. Ron Musser, L.S. Michelle Arellano, P.E. Monae Pugh   Packet Pg. 336 Page |26 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES RIALTO TRAFFIC ENGINEERING SERVICES City of Rialto, CA Client Contact: Mr. Alberto Paiva, P.E. Phone Number: (909) 820-2531 Email: apaiva@rialtoca.gov Project Cost: $10M+ to date Completion Date: On-Going DESCRIPTION RELEVANCE TO CITY OF SAN BERNARDINO • On-Call Design Services • On-Call Construction Management and Inspection Services • On-Call Survey Services • On-Call Plan Checking Services • On-Call Project Management Services • On-Call Traffic Engineering TKE provides on-call traffic engineering services to the City for developer and capital improvement project coordination, planning and implementation. TKE routinely performs City functions related to traffic, traffic signals, timing, warrant analysis, striping, signing, geometric analysis, traffic control and other traffic engineering related services. While providing these services to the City, TKE has represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work. In addition, TKE managed major infrastructure development projects. SERVICES Services included traffic signal design, signing and striping design, traffic control plan preparation, preparation of complete bid documents, plan check of traffic signal plans, signing and striping plans, and traffic control plans, land development review of site plans and access management, review and comment of traffic impact analyses, traffic engineering project coordination with capital improvement projects, review of citizen requests for traffic control to include traffic count analysis and collision data, recommendation of traffic control devices, prepare speed zone surveys and certification process, school zone analysis and preparation of school zone signing and striping plans. KEY STAFF Justin P. Schlaefli, P.E., T.E., P.T.O.E. Terry Renner, P.E. Michael P. Thornton, P.E. Monae Pugh   Packet Pg. 337 Page |27 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES CITY OF HIGHLAND STAFF AND ENGINEERING SERVICES City of Highland, CA Client Contact: Carlos Zamano Phone Number: (909) 864-6861 Email: czamano@cityofhighland.org Project Cost: $30M+ to date Completion Date: On-Going DESCRIPTION RELEVANCE TO CITY OF SAN BERNARDINO • On-Call Design Services • On-Call Construction Management and Inspection Services • On-Call Survey Services • On-Call Plan Checking Services • On-Call Project Management Services TKE provides on-call project management services to the City of Highland for capital improvement project coordination, planning and implementation. TKE is assisting the City Engineer with more than $15 million in capital improvements projects for the current fiscal year. While providing these services to the City, TKE prepared numerous grant applications with approximately a 60% efficiency, represented the City with other agencies at numerous meeting, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, prepared and acquired right-of -way, managed funding programs, and various related work. SERVICES Services included project management, council report preparation, design review and review of hydrology and hydraulic studies, project planning, review traffic impact studies, prepare grant funding applications, report preparation, surveying, project scoping, environmental compliance services, utility coordination, right-of -way acquisition coordination, construction management, inspection and performed negotiation with property owners. KEY STAFF Terry Renner, P.E., Q.S.D. Bob Doss, P.E. Jennifer Cioffi, P.E.   Packet Pg. 338 Page |28 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES SIERRA AVENUE WIDENING PROJECT City of Fontana, CA Client Contact: Phillip Burum Phone Number: (909) 350-6727 Email: pburum@fontana.org Project Cost: $11.3 Million Completion Date: Current DESCRIPTION RELEVANCE TO THE CITY OF S AN BERNAR DINO • Major Arterial Roadway Widening • Traffic Signal Modification/Design • Sewer Design • Right-of-Way Acquisition • Extensive Utility Relocations • Various Pavement Strategies • Extensive Utility Coordination and Permitting • Community Outreach Efforts The Sierra Avenue widening improvements project is located in the City of Fontana north of Interstate 10 Freeway between Foothill Boulevard and Baseline Road. The project is approximately 1 mile of widening for the City’s primary north-south arterial street widening the roadway from 4 lanes to 6 lanes. The project includes street widening, raised landscape median, new sewer main installation, traffic signal installation and modifications, traffic signal interconnect and fiber optic cable installation, and extensive utility coordination for water main replacement, Rule 20A and Rule 20B undergrounding work. The project also includes right-of-way acquisition for 76 parcels, traffic analysis, review of construction plans, coordination with project design consultants, construction management and construction staking services. TKE represents the City with other agencies, represented engineering with the City’s management personnel and other meetings, managed engineering budgets and project schedules. SERVICES Services include design, topographic survey, right-of-way engineering and acquisition, roadway safety analysis, preparation of exhibits, cost estimates, utility coordination, construction management, and construction staking. KEY STAFF Michael P. Thornton, P.E., L.S. Terry Renner, P.E., Q.S.D. Steven Ledbetter, P.E. Octavio Parada Ron Musser, L.S. Monae Pugh   Packet Pg. 339 Page |29 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES CITYWIDE PAVEMENT REHABILITATION PROGRAM (ARTERIALS) FY 2021/22 City of M oreno Valley, CA Client Contact: Mr. Eddie Godinez Phone Number: (951) 218-8646 Email: eddieg@moval.org Project Cost: $18M Completion Date: Current DESCRIPTION The Citywide Pavement Rehabilitation Program for FY 2021/22 Project included rehabilitation for 20 miles along various streets throughout the City of Moreno Valley. TKE provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation. TKE provided preparation of daily field reports and photo logs and provided reports to the City Staff on weekly basis. RELEVANCE TO CITY OF SAN BERNARDINO • Various Pavement Rehabilitation Strategies • Arterial Roadway Construction and Traffic Control • Permitting and Private Residents and Business Coordination SERVICES Services included review and monitoring of Contractor’s daily traffic control, storm water pollution prevention measures and safety procedures, daily oversight and inspection, report preparation, photo log preparation and verification of quantities for payment requests. KEY STAFF Terry Renner, P.E. Bob Doss, P.E.   Packet Pg. 340 Page |30 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES ATP CYCLE 3 SAFE ROUTE TO SCHOOL PEDESTRIAN IMPROVEMENTS PROJECT City of Fontana, CA Client Contact: Jeffrey Kim, P.E. Phone Number: (909) 350-7632 Project Cost: $1.9M Completion Date: Current DESCRIPTION TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fontana for Fontana Ave and Arrow Boulevard. This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear foot ADA and pedestrian enhancement project. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of- way certifications and obtaining the RFA for construction. RELEVANCE TO CITY OF SAN BERNARDINO • Street/Pedestrian Design • Grant Funding Coordination • Utility Relocation/Coordination • Design Topographic Surveying • Right -of-Way Engineering (19 Parcel Acquisitions) SERVICES Services included design, surveying, grant management, PES preparation, environmental compliance services, utility coordination, right-of-way engineering, and construction assistance. KEY STAFF Terry Renner, P.E. Michael P. Thornton, P.E., L.S. Octavio Parada Monae Pugh Ron Musser, L.S.   Packet Pg. 341 Page |31 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES MORENO VALLEY CIVIC CENTER PARK AND AMPHITHEATER PROJECT City of Moreno Valley, CA Client Contact: Ms. Lee Withers Phone Number: (951) 413-3726 Email: leew@moval.org Project Cost: $6.7M Completion Date: August 2021 DESCRIPTION RELEVANCE TO CITY OF SAN BERNARDINO • Park/Amphitheater and Parking Lot Experience • ADA Accessibility • Project and Construction Management • Inspection Experience The Moreno Valley Civic Center Park and Amphitheater Project is located in the City of Moreno Valley South of Alessandro Blvd immediately west of City Hall. The amphitheater is used for regional movie nights, concerts and seasonal special events. The 2.5 acre project included an amphitheater stage, video wall and enclosure, audio/visual and storage room, 400 person arched concrete seating, fire water system upgrades, and a parking lot for approximately 300 vehicles. SERVICES Services included project management, agency and utility coordination, quality assurance, quality control, construction management and inspection. KEY STAFF Terry Renner, P.E., Q.S.D. Ron Musser, L.S. Marvin Lara, E.I.T. Stephen Biscotti Jeff Lantosh   Packet Pg. 342 Page |32 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES COUNTY LINE ROAD TRANSPORTATION CORRIDOR (LPP) City of Calimesa, CA Client Contact: Bonnie Johnson Phone Number: (909) 795-9801 Email: bjohnson@cityofcalimesa.com Project Cost: $10.1 Million ($3.7 Million Grant) Completion Date: Current DESCRIPTION RELEVANCE TO CITY OF SAN BERNARDINO • LPP State Grant Funded Project • Design of 4 Roundabouts • Right-of-Way Acquisition • Extensive Utility Relocations • Major Arterial Reconstruction • Various Pavement Strategies • Extensive Utility Coordination and Permitting • Community Outreach Efforts TKE prepared and obtained a grant for the City of Calimesa through the Road Repair and Accountability Act of 2017 (SB1) Local Partnership Program (LPP). TKE is preparing street widening and roundabout improvements for the construction of the County Line Road Transportation Corridor. The Project includes four (4) single-lane and one (1) multi-lane roundabouts, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout intersection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly reducing right-of-way and construction costs to construct a four-lane corridor. SERVICES Services include grant coordination and management, design, topographic survey, right- of-way engineering, environmental assistance, roadway safety analysis, preparation of exhibits, cost estimates, coordination with California Transportation Commission, construction management, inspection, and construction staking. KEY STAFF Michael P. Thornton, P.E., L.S. Terry Renner, P.E., Q.S.D. Steven Ledbetter, P.E. Octavio Parada Ron Musser, L.S. Monae Pugh   Packet Pg. 343 Page |33 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 6 | E XPERIENCE AND R EFERENCES B. REFERENCES AGENCY CONTACT NAME CONTACT INFO City of Fontana 8353 Sierra Avenue Fontana, CA 92335 Phil Burum Deputy City Manager P: (909) 350-6727 Pburum@Fontana.org City of Highland 27215 Baseline Highland, Ca 92346 Carlos Zamano Public Works Director P: (909) 864-6861 Czamano@Cityofhighland.org City of Calimesa 908 Park Avenue Calimesa, Ca 92320 Bonnie Johnson City Manager P: (909) 795-9801 Bjohnson@Cityofcalimesa.net City of Hesperia 9700 Seventh Avenue Hesperia, Ca 92345 Nils Bentsen City Manager P: (760) 947-1901 Nbentsen@Cityofhesperia.us City of Rialto 335 W. Rialto Avenue Rialto, CA 92376 Alberto Paiva City Engineer P: (909) 820-2531 Apaiva@rialtoca.gov   Packet Pg. 344 Page |34 Request for Proposal – Capital Improvement Program (CIP) Programmatic Services City of San Bernardino S ECTION 7 | F EE P ROPOSAL SECTION 7| FEE PROPOSAL A. FEE PROPOSAL As requested in the RFP instructions, in addition to TKE’s rate schedule shown below, TKE’s fee to provide an average of 40 hours per week for program management services would be $6,200 per week. An annual fee would depend on the number of weeks the project was estimated to take.   Packet Pg. 345 P r e p a r e d B y :   Packet Pg. 346 1 0 6 9 DISCUSSION City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk Subject:Ranked Choice Voting Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the report and presentation or provide direction to staff regarding the next steps. Background On June 1, 2022, the Mayor and City Council directed staff to prepare a presentation and recommendation on Ranked Choice Voting (RCV) in the City of San Bernardino. The Charter Review Committee expressed interest in a presentation by staff on RCV. The Committee discussed the matter on November 4, 2021; January 13, 2022; and reaffirmed on March 3, 2022, and reached a consensus to present the request to the Mayor and Council. The City of San Bernardino updated the City Charter in 2016 to align City elections with the State Primary Election and State General Elections held every two years. This charter change allows the City to continue consolidating elections with San Bernardino County and share the costs of the elections with other local area jurisdictions. The staff has outlined what RCV is, potential benefits of RCV, and the potential costs associated. Discussion Ranked Choice Voting Explained RCV is a method of conducting an election that allows voters to rank candidates in order of preference when marking their ballots. Only one candidate can represent each of the voter’s first, second, third, or fourth choices. When electing a single candidate using RCV, all first choices are initially tallied. If any   Packet Pg. 347 1 0 6 9 candidate receives a majority of the first choices, that candidate is declared the winner. If no candidate receives a majority, the “instant run-off” process is triggered. The candidate receiving the fewest first choices is eliminated, and the votes for that eliminated candidate now have their second choices counted. The ballots are again tallied, and the process continues until one candidate wins a majority. RCV is an attempt to allow a majority winner to be determined in just one election and substitute holding a separate run-off election by having a series of mini run-offs, based on a single set of ballots, until a winner is declared. What are the benefits of Ranked Choice Voting Moving into RCV for the City will eliminate the need for a run-off election when a single candidate does not receive the necessary 50 percent plus 1 majority vote. Proponents of RCV believe this process helps select the candidate that has the most votes and broadest support, so voters get what they want. This would eliminate the need for, and costs of, a primary election. The 2020 State Primary and the 2022 State Primary have both resulted in the need for a run-off election. The run-off held in November 2020 cost the city an additional $96,528. Municipalities that adopted Ranked Choice Voting for Elections There are 16 states that currently allow RCV, including California. There are currently seven municipalities in California that use RCV, three of which are newly implementing the process for 2022. The cities of San Leandro, Oakland, and Berkeley implemented the process in 2010, and San Francisco implemented the process in 2002. The City of Eureka City Council opted to implement RCV; however, the County of Humboldt’s equipment is not certified for RCV and implementation is delayed until 2024. The City of Albany adopted RCV through a ballot measure adopted at the November 3, 2020 election. The City of Palm Desert is implementing RCV after a lawsuit was filed against them for violations of the California Voters Rights Act and are now moving into a hybrid system involving elements of district voting and RCV. Information regarding the costs were obtained from these municipalities for reference purposes. The total estimated cost to the City of Albany (population of 19,696) as quoted by the County of Alameda Registrar of Voters is as follows: Regular election cost approx. $ 52,000 Initial voting system approx. $ 11,500 RCV Charges approx. $ 26,000 Estimate (Cost is shared with 3 other municipalities San Francisco, Oakland, Berkeley) Total $ 89,500   Packet Pg. 348 1 0 6 9 In addition to the above costs, voter/candidate outreach and education, and other administrative RCV related expenses will also apply. The total estimated cost to the City of Palm Desert (population of 53,185) as quoted by the County of Riverside are as follows: RCV Software $150,000 RCV Annual licensing $ 70,000 County’s RCV Implementation Consultant $100,000 (Not to exceed) County’s Consultant for Poll Worker Training & Other Services $100,000 (Not to exceed) County’s Regular Election Cost $ 97,000 Total (Initial year) $517,000 This is the total for the initial year and is based on the County’s invoice for final costs. Additional City Expenses: RCV Technical Consultant $20,000 RCV Educational Consultant & Services, including Citywide mailer and other advertisement costs $86,530 Options to consider for City of San Bernardino Currently, the City of San Bernardino consolidates all municipal elections with San Bernardino County. The San Bernardino County Registrar of Voters currently uses certified equipment; however, they will need to obtain additional software and licensing to hold an election using RCV. If the County Board of Supervisors approves the City’s request to consolidate the election, all the costs incurred by the County to implement this process will be passed on to the City. If the Board of Supervisors denies the City’s request to consolidate the election, it will result in the City holding a stand-alone election. To provide all options and pertinent information to the Mayor and City Council on this topic, staff reached out to the San Bernardino County Registrar of Voters regarding possibly consolidating if the City were to implement RCV. We were unable to receive a tentative determination whether, and on what terms, the registrar would be willing to consolidate should the City adopt RCV. Requirements to hold a Stand-Alone election To ensure the City follows all proper procedures and voting laws, the City will need to procure a consultant for elections services. In addition to the consultant, the City will also need to obtain certified voting equipment to comply with California Elections Code   Packet Pg. 349 1 0 6 9 19006. The City has identified the voting system used by all counties who currently hold RCV elections. They have provided an estimate of costs for a full vote by mail election, outlining the purchase or rental of equipment: Option 1: Vote by Mail - Purchase of Equipment: To hold a stand-alone election using Vote by Mail, the City will need to obtain certified equipment. Should the City elect to purchase the equipment the cost will be $275,439.60 with annual costs of $54,325.00. This includes the purchase of all voting equipment along with the cost for training and implementation. Option 2: Vote by Mail - Rental of the Equipment: At a reduced cost, the vendor offers the option to rent all equipment needed to hold a vote by mail election using RCV; the cost will be $105,900.00, per election cycle. Option 3: In Person election- If the City chooses to hold the election in person, it will need to issue a Request for Proposal (RFP) for a consultant to provide elections services. In addition to the consultant, the City will also need to obtain certified equipment, elections supplies, polling locations, poll workers, and poll worker training. It is essential to highlight that the pricing for the City of San Bernardino appears to be significantly lower than the cost of Palm Desert, which consolidates with Riverside County. The difference is the cost provided in this report for the City of San Bernardino is solely for a City-wide vote-by-mail/ RCV election. If the Mayor and City Council would like to transition to an RCV method for elections, it will require an amendment to the City Charter. For that to occur, staff will need to draft a measure, the Mayor and City Council would then need to place the measure on the ballot, and the City’s voters would need to approve the amendment to the City Charter to adopt RCV for future elections. If the Mayor and City Council desire to continue to explore the RCV option, staff recommends the Mayor and City Council direct staff to confer with the San Bernardino County Registrar of Voters to determine: (1) if the County would continue to consolidate the City’s election should the City shift to RCV; and (2) a realistic cost estimate for consolidation. This would allow staff to return with a formal recommendation. 2021-2025 Strategic Targets and Goals The proposed action would meet Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact There is no fiscal impact to the City in regard to receiving and filing this report.   Packet Pg. 350 1 0 6 9 Conclusion It is recommended that the Mayor and City Council receive and file the report and presentation or provide direction to staff regarding the next steps. Attachments Attachment 1 - Ranked Choice Voting - Presentation Ward: All Wards Synopsis of Previous Council Actions: June 1, 2022 – City Council directed staff to provide a report on Ranked Choice Voting.   Packet Pg. 351 Title: Ranked Choice Voting Presented by: Telicia Lopez   Packet Pg. 352 Title: Ranked Choice Voting What is Ranked Choice Voting?   Packet Pg. 353 Title: Ranked Choice Voting Ranked Choice Voting, also known as Instant Runoff Voting, is a method of tabulating votes that allows voters to rank their preferred choices. If the first choice does not win, then their vote is applied toward their next choice.   Packet Pg. 354 Demonstration Ballot What should we have for lunch? Title: Ranked Choice Voting   Packet Pg. 355 How Ranked Choice Voting Works Voters can rank candidates in order of preference. Title: Ranked Choice Voting   Packet Pg. 356 Title: Ranked Choice Voting How Ranked Choice Voting Works cont’d. In round one, votes are tabulated to determine if a candidate has received the majority vote. If a candidate receives the majority vote, that candidate is declared the winner and no additional rounds are needed. If no candidate receives the majority vote, then the instant runoff is triggered. Pizza Tacos Hamburgers Hotdogs 12 10 5 3 Initial tabulation of votes   Packet Pg. 357 In each round, we check to see if any candidate has acquired enough votes to win by majority. If a majority vote is reached, the winner is declared, and no additional rounds are needed. If no winner emerges, we eliminate the candidate in last place. All votes from the eliminated candidate are redistributed to the next available choice candidate. Pizza Tacos Hamburgers 12 10 5 2 1 Round 1 – Instant Runoff Initial count 1st Round Runoff Title: Ranked Choice Voting   Packet Pg. 358 Title: Ranked Choice Voting Pizza Tacos 12 10 1 1 3 2 Round 2 – Instant Runoff Initial Round 1st Round Runoff 2nd Round Runoff This process is followed until a winner is declared by majority vote. Pizza Wins!   Packet Pg. 359 With RCV, do some voters get more than one vote? No. With Ranked Choice Voting (RCV), you have the option to rank your choices, but your vote only counts for one candidate in the final round. Frequently Asked Questions (FAQs)   Packet Pg. 360 Frequently Asked Questions (FAQs) How are votes counted in RCV? There is still a requirement for 50% plus one majority to win an election.   Packet Pg. 361 In RCV do all candidates need to be ranked? Voters can rank as many or a few candidates as they choose. Frequently Asked Questions (FAQs)   Packet Pg. 362 Frequently Asked Questions (FAQs) Will ranking additional candidates hurt the chances of the voters preferred candidate? No. Votes count for second choice only if your first choice is eliminated. Your vote counts for your third choice only if your first and second choices are eliminated .   Packet Pg. 363 Does RCV negatively affect minority communities? Studies have been inconclusive regarding the impact RCV has in minority communities. Some show that minorities are less likely to rank additional candidates while others indicate that RCV increases the voter turnout in minority communities. Frequently Asked Questions (FAQs)   Packet Pg. 364 Conclusion: Questions? Title: Ranked Choice Voting   Packet Pg. 365 1 1 5 2 DISCUSSION City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, City Manager Department:City Manager's Office Subject:Consider the appropriate staffing levels for both the Office of the Mayor and the City Council Office (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Review and consider the proposed staffing for both the Office of the Mayor and the City Council Office and provide modifications or approve as presented. 2. Adopt Resolution No. 2023-031 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $143,387. Background The City of San Bernardino’s current charter was adopted by voters on November 8, 2016, and filed with the California Secretary of State on January 31, 2017. The 2016 charter amendments that were approved by voters included numerous changes; however, the most significant was the implementation of a council-manager form of government. In general, the council-manager form of government combines the political leadership of elected officials, the Mayor and City Council, with an appointed administrator, the City Manager. City Council The City Council serves as the legislative body, which means they have the authority to set policy, approve contracts and agreements, and undertake other obligations consistent with the City’s Charter and Municipal Code, while deferring to the discretion of the City Manager to choose the appropriate means to achieve the Council’s goals. The City Council Office provides support to seven (7) elected City Council members and serves as a liaison between the Council Members and the community, assisting   Packet Pg. 366 1 1 5 2 with inquiries and concerns received from the public. The Office also provides administrative support that includes maintaining calendars and schedules, confirming conferences and coordinating travel, and assisting councilmembers in their duties serving on regional boards and in member organizations. Mayor The Mayor serves as the chief spokesperson for the City and is recognized as the head of the City government for all ceremonial purposes. Additionally, the Mayor serves on several regional boards and takes the lead in establishing and fostering relationships in support of the City of San Bernardino’s vision and key strategic goals. The Office also provides administrative support that includes maintaining calendars and schedules, confirming conferences and coordinating travel, and assisting the Mayor in their duties serving on regional boards and in member organizations. Discussion On January 18, 2023, the Mayor and City Council passed a motion during the regular meeting directing staff to evaluate the appropriate staffing levels for the Office of the Mayor and the Office of the City Council. To make these determinations, staff examined the City of San Bernardino’s historical staffing levels proceeding the adoption of the new City Charter on November 8, 2016, and compared them to current staffing levels. Staff also considered the diverse and unique needs of the community in preparing its recommendation, ensuring the proposed staffing levels would be appropriate to meet the current needs of the public. Currently, the Office of the City Council has two (2) funded support positions and the Office of the Mayor has one (1) funded support position. This marks a reduction in staffing for both offices compared to previous years. In the first two fiscal years following the adoption of the new City Charter, the City of San Bernardino provided the City Council with four (4) full-time support staff and the Mayor with three (3) full-time support staff. To meet the current needs of the community, staff recommends restoring staffing to their historic levels. The tables on the following page illustrate the current and proposed staffing levels and include salary and benefits costs comparisons for the remainder of fiscal year 2022-2023.   Packet Pg. 367 1 1 5 2 CITY COUNCIL OFFICE Council Office (Current) Total Cost Salary/Benefits Council Office (Proposed) Total Cost Salary/Benefits Council Members $ 149,777 Council Members $ 149,777 Administrative Assistant to Council 33,524 Administrative Assistant to Council 33,524 Council Administrative Supervisor 37,883 Administrative Assistant to Council 33,524 Council Administrative Supervisor 37,883 Executive Staff Assistant to Council 38,685 TOTAL COST $ 221,184 TOTAL COST $ 293,393 Total fiscal impact is for remainder of fiscal year 2022-2023 (March 1 through June 30, 2023) Estimated ongoing annual costs (salary and benefits) for proposed staff is $880,179 beginning July 1, 2023. MAYOR’S OFFICE Mayor’s Office (Current) Total Cost Salary/Benefits Mayor’s Office (Proposed) Total Cost Salary/Benefits Mayor $ 28,273 Mayor $ 28,273 Executive Assistant to the Mayor 37,236 Assistant to the Mayor II (U)28,810 Assistant to the Mayor III (U)35,506 Assistant to the Mayor IV (U)44,098 TOTAL COST $ 65,509 TOTAL COST $ 136,687 Total fiscal impact is for remainder of fiscal year 2022-2023 (March 1 through June 30, 2023) Estimated ongoing annual costs (salary and benefits) for proposed staff is $410,061 beginning July 1, 2023. 2021-2025 Strategic Targets and Goals The consideration of appropriate staffing levels for the Office of the Mayor and Office of the City Council aligns with Key Target No. 1: Improved Operational & Financial   Packet Pg. 368 1 1 5 2 Capacity and Key Target No. 2: Focused Aligned Leadership & Unified Community. Fiscal Impact If the above-listed positions are hired by March 1, the fiscal impact to the General Fund is a total of $143,387 for the remainder of Fiscal Year 2022/23. Reconciliation: Cost, March – June 30, City Council Office $ 293,393 Cost, March – June 30, Mayor’s Office 136,687 TOTAL Cost 430,080 LESS: Existing Positions (286,693) NET Fiscal Impact $ 143,387 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Review and consider the proposed staffing for both the Office of the Mayor and the City Council Office and provide modifications or approve as presented. 2. Adopt Resolution No. 2023-031 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $143,387 Attachments Attachment 1 Resolution 2023-031 Staffing Levels for the Office of the Mayor and the City Council Office Ward: All Wards Synopsis of Previous Council Actions: January 18, 2023 Mayor and City Council directed staff to evaluate and determine the appropriate staffing levels in the Office of the Mayor and the City Council Office   Packet Pg. 369 Resolution No. 2023-031 Resolution 2023-031 February 15, 2023 Page 1 of 3 2 2 1 8 RESOLUTION NO. 2023-031 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FY 2022/23 GENERAL FUND OPERATING BUDGET IN THE AMOUNT OF $143,387. WHEREAS, the City of San Bernardino is in a period of growth and development; WHEREAS, there is a need for additional staff within the Office of the Mayor and City Council Office to support the efforts in achieving the City’s goals and meet the diverse needs of the public; WHEREAS, there is adequate funding available in the City’s 2022/23 General Fund Operating Budget; therefore BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the Fiscal Year 2022/23 Operating Budget in the amount of $143,387. 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.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 February 2023.   Packet Pg. 370 Resolution No. 2023-031 Resolution 2023-031 February 15, 2023 Page 2 of 3 2 2 1 8 Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 371 Resolution No. 2023-031 Resolution 2023-031 February 15, 2023 Page 3 of 3 2 2 1 8 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. 2023-031, adopted at a regular meeting held on the 15th day of February 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 372 1 0 8 2 PUBLIC HEARING City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Recommendation: It is recommended that the Honorable Mayor and City Council members execute the following actions: 1. Conduct a Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt Resolution No. 2023-030, a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement to adjust the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec   Packet Pg. 373 1 0 8 2 Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act. Background The City of San Bernardino (“City”) has an exclusive franchise agreement with Burrtec Waste Industries, Inc. (“Burrtec”) to provide solid waste collection, processing, and disposal services within the City. Recent changes to state law relative to organic waste collection require modifications to the existing Agreement. The proposed rate increases for solid waste services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations. On December 7, 2022, the Mayor and City Council approved Resolution No. 2022- 244 declaring the intention to conduct a Public Hearing on February 15, 2023, to consider adjusting the Maximum Permitted Service Rates for integrated solid waste collection, processing, and disposal services. Three rate options for solid waste rate increases were proposed to the City Council to implement the SB 1383 requirements. The City Council selected Option 2, which was included in the Proposition 218 Notice as the Maximum Permitted Service Rates to City of San Bernardino customers. A copy of the Option 2 rates were attached as Exhibit A to the draft Proposition 218 notice in the December 7, 2022, agenda packet. Discussion Proposition 218 Process Public Notice of the proposed rate increase was sent to all property owners and residents within the City’s service area 45 days prior to the Proposition 218 Public Hearing. Property owners and customers may protest the proposed adjustment in writing; either in person at the public hearing or prior to City Clerk’s office mailing address, as shown on the notice. Formal written protests must include: 1. The identified property owner or tenant is in opposition to the proposed rate increase to the fees. 2. The location of the identified parcel. 3. The name and signature of the property owner or tenant submitting the protest. As of the date this staff report was published, the Public Works Department received approximately 36 calls from customers. The calls generally focused on clarification of the rate proposal, what the increase of rates were for, and requests for a Spanish copy of the Proposition 218 Notice. To date, the City has received 25 formal protest letters.   Packet Pg. 374 1 0 8 2 The current monthly residential rate for solid waste collection services is $26.42. In 2022, CPI rate adjustment was deferred and did not take effect on July 1, 2022, as negotiations were in process between the City and Burrtec. The proposed maximum permitted service rates will adjust the rate to $37.97 beginning July 1, 2023, as indicated in the Prop 218 Notice. The adjustment to the rate will go toward the implementation of the new organic waste programs the City is required to implement in order to be compliant with the SB 1383 mandate. SB 1383 Requirements Proposed rate increases for Solid Waste Services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations. Under the SB 1383 Regulations, collection will utilize a 3-container system for residents which will allow for commingling green waste and food waste in one bin, and 4-container system for commercial customers. Residents and businesses must separate organic waste (such as yard waste and food waste) from other trash to be managed at a facility other than a landfill. To accomplish this, all property owners, residents, and businesses will be required to enroll in collection services for trash, recyclables, and organic waste. Recycling services include processing of recyclables and organic wastes collected from all customers at state- regulated facilities. Other portions of the solid waste service rate include fees charged to customers to provide inspections, enforcement, and oversight; maintain infrastructure; provide education and outreach; meet the organic procurement requirements, such as the acquisition of recovered compost and mulch; create an edible food recovery program; and comply with state mandates relating to solid waste service. Third Amendment to the Franchise Agreement with Burrtec Due to the SB 1383 mandate, the City is required to implement collection programs for residential and commercial waste generators. Under the mandate, more services will be required to implement a program that will keep the jurisdiction in compliance. The amendment to the franchise agreement with Burrtec addresses SB 1383 requirements by: •Providing food organics collection services to residential, multifamily, and commercial customers; •Providing education and outreach to customers on how to recycle organic waste; •Providing additional information if a customer is considered a Tier 1 or Tier 2 commercial edible food generators; •Identification of Tier 1 commercial edible food generators to help in creation of edible food recovery program; •Implementing: o Record keeping, o Route reviews, o Waste evaluations,   Packet Pg. 375 1 0 8 2 o Assistance with enforcement, and o Assistance in the procurement requirements to meet the City’s recovered organic waste requirements; •Updating Liquidated Damages provisions to include penalties for failure to comply with SB 1383 requirements; and •5-Year Term Extension. In order to provide the additional service required by state law, an increase in the rates was proposed by Burrtec to fund the additional program. City staff met with Burrtec to negotiate solid waste service rates to implement the SB 1383 Regulations. Per Section 21.1.3(c) of the franchise agreement, Burrtec may adjust the Maximum Permitted Service Rates by an amount equal to the increase in costs due to a change in law. Based on the negotiations (option 2), SB 1383 rate increases will be phased in beginning FY 2023-2024 (with no rate change in FY 2022-2023). There will be an annual CPI rate adjustment with a 5% cap on the overall rate, except for organic waste processing and disposal components related to SB 1383 requirements, which will be passed through and charged at full cost without being subject to the cap. The CPI adjustment will be calculated using the All Urban Consumers Index (CPI-U) as published by the US Department of Labor, Bureau of Labor Statistics, Not Seasonally Adjusted, All items, Riverside- San Bernardino- Ontario, CA. The agreement will extend the term of the franchise agreement by five years to March 31, 2031. Exempt from CEQA The Resolution is not subject to the requirements of the California Environmental Quality Act (“CEQA”). The approval of the Third Amendment it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. 2021-2025 Strategic Targets and Goals A Public Hearing to consider adjusting the Maximum Permitted Services Rates, as well as the amendment of the Franchise agreement between the City and Burrtec meets Key Target No. 3c: Improved quality of life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: To improve the City’s appearance, cleanliness, and attractiveness. Fiscal Impact There is no direct expense to the General Fund. There is Fiscal impact to the City’s General Fund from revenues received from the franchise fees. The SB 1383   Packet Pg. 376 1 0 8 2 organics processing and disposal costs for organic waste shall be passed on to customers that will be subject to increased service rates. Conclusion It is recommended that the Honorable Mayor and City Council members execute the following actions: 1. Conduct a Public Hearing to receive public comment on the proposed rate increases and Third Amendment to the City’s exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc.; and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt Resolution No. 2023-022, a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement to adjust the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act. Attachments Attachment 1 Resolution 2023-030 Approving Third Amendment to Franchise Agreement Attachment 2 Exhibit A to Resolution 2023-030 - Maximum Permitted Service Rates Attachment 3 Exhibit B to Resolution 2023-030 – Third Amendment Attachment 4 Proposition 218 Notice Attachment 5 Presentation of Rate Adjustment Attachment 6 Resolution No. 2016-10 and Franchise Agreement with Burrtec Waste Industries, Inc., approved January 25, 2016 Attachment 7 First Amendment to Franchise Agreement, approved January 25, 2016 Attachment 8 Second Amendment to Franchise Agreement, approved January 25, 2016 Ward: All Wards Synopsis of Previous Council Actions:   Packet Pg. 377 1 0 8 2 January 25, 2016 Resolution of the Mayor and City Council of City of San Bernardino approving a ten-year Exclusive Franchise Agreement for Integrated Solid Waste Collection, Professing, and Disposal Services with Burrtec Waste industries, Inc. December 7, 2022 Notice of Intent to Conduct a Public Hearing on February 15, 2023, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services.   Packet Pg. 378 Resolution No. 2023-030 Resolution 2023-030 February 15, 2023 Page 1 of 6 2 2 0 8 RESOLUTION NO. 2023-030 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THIRD AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL SERVICES WITH BURRTEC WASTE INDUSTRIES, INC., ADOPTING MAXIMUM PERMITTED SERVICE RATES, AND FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides refuse, recycling, and organic waste collection, procession and disposal, street sweeping, and right-of-way clean up services are provided to the City of San Bernardino (“City”) pursuant to an exclusive franchise agreement with the City (“Agreement”); and, WHEREAS, Burrtec is required to provide such solid waste services (“Services”) as set forth in the Agreement; and WHEREAS, since the approval of the Agreement, California law changed to now require the City to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”), to the City; and WHEREAS, the City desires to amend the Agreement with Burrtec that additional services and updated rates for Services; and, WHEREAS, the rate structure for solid waste, recycling, and organics (including green waste and food waste) collection is based on the container size, type, of materials accepted in the containers, and frequency of collection; and WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel   Packet Pg. 379 Resolution No. 2023-030 Resolution 2023-030 February 15, 2023 Page 2 of 6 2 2 0 8 upon which the Charges are proposed for imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, February 15, 2023; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and WHEREAS, the City Council now desires to establish and impose the proposed Charges. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby approves the Charges, effective July 1, 2023, for solid waste service at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail. SECTION 4. The City Council hereby approves the Third Amendment to the City of San Bernardino’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., attached hereto as Exhibit B and incorporated herein by this reference. SECTION 5. For the fiscal year beginning July 1, 2023, and annually thereafter on July 1 through and including July 1, 2027, the maximum rates provided in Exhibit A shall be automatically adjusted shall be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor   Packet Pg. 380 Resolution No. 2023-030 Resolution 2023-030 February 15, 2023 Page 3 of 6 2 2 0 8 Statistics, subject to a 5% cap on Maximum Permitted Service Rates. If the CPI is less than 5% for any year, the actual rates (not including organic waste processing and disposal pass-through fees) charged to customers will be less than the rates in the schedule in Exhibit A. The rates in Exhibit A shall also be adjusted annually to account for the actual costs of processing and disposal fees for organic waste. SECTION 6. This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of Amendment No. 1 is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City. SECTION 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 8. This Resolution shall take effect immediately upon adoption SECTION 9. The City Clerk shall attest and certify to the passage and adoption thereof. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of February, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 381 Resolution No. 2023-030 Resolution 2023-030 February 15, 2023 Page 4 of 6 2 2 0 8 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. 2023-030, adopted at a regular meeting held on the 15th day of February 2023 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 15th day of February 2023.   Packet Pg. 382 Resolution No. 2023-030 Resolution 2023-030 February 15, 2023 Page 5 of 6 2 2 0 8 EXHIBIT A MAXIMUM PERMITTED SERVICE RATES   Packet Pg. 383 Resolution No. 2023-030 Resolution 2023-030 February 15, 2023 Page 6 of 6 2 2 0 8 EXHIBIT B THIRD AMENDMENT   Packet Pg. 384   Packet Pg. 385   Packet Pg. 386 THIRD AMENDMENT TO THE CITY OF SAN BERNARDINO’S EXCLUSIVE FRANCHISE AGREEMENT FOR INTEGRATED SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL SERVICES WITH BURRTEC WASTE INDUSTRIES, INC. This Third Amendment to the City of San Bernardino’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc. (“Third Amendment”) is made and entered into as of February 15, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Burrtec Waste Industries, Inc. a California corporation organized under the laws of the State of California (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A.WHEREAS, the City and Contractor entered into an Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services dated January 25, 2016, as amended by the First Amendment to Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services and the Second Amendment to Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services (“Agreement”), for the purpose of providing the collection, recycling, diversion and disposal of Solid Waste from Service Units in the City of San Bernardino; and B.WHEREAS, pursuant to Section 33.8 of the Agreement, the Agreement may only be amended by written agreement signed by both the City and Contractor; and, C.WHEREAS, the SB 1383 Regulations promulgated by the California Department of Resources Recycling and Recovery (“CalRecycle”) to implement SB 1383 (Chapter 395, Statutes of 2016) require residential and commercial waste generators to participate in organic recycling programs; and D.WHEREAS, the SB 1383 Regulations require the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to Contractor, acting as the City’s designee, and Contractor desires to take on these responsibilities; and E.WHEREAS, the Parties now desire to modify the Agreement to implement changes required by the SB 1383 Regulations.   Packet Pg. 387 NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Third Amendment and the Agreement, the Parties mutually agree as follows: 1.Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2.Definitions. The Definitions as stated in the Section 1 shall be amended to read as follows: a.1.19 “Consumer Price Index or CPI” means the twelve (12) month annual average percentage change the All Urban Consumers Index (CPI-U) for the most recent period of January 1st through December 31st, versus the prior most recent period of January 1st through December 31st, as published by the U.S. Department of Labor, Bureau of Labor Statistics, Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA . b.1.27 “ Food Waste” means all food and food scraps such as but not limited to fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food waste excludes fats, oil, liquids, and grease when such materials are source separated from other Food Waste. c.1.34 “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited, to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a). d.1.48 “Term” means the operative life of this Agreement as stated in Section 4.2. e.“Disposal Fees” means the per ton fee charged at such place or places for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate. f.“Material Processing Fees” means the per ton fee charged at such place or places for the purpose of receiving, sorting, processing, storing, or preparing materials for sale or further processing. 3.Self-Hauling. The following shall be added to the end of Section 2.19:   Packet Pg. 388 “Self-hauling” shall have the same definition as in Section 8.24.010 of the City’s Municipal Code. Any self-hauling shall be performed in accordance with Chapter 8.24 of the City’s Municipal Code. 4.Monthly Franchise Fee Payment. The following shall be added to the end of Section 3.4.8: The Franchise Fee Payment may be decreased by the City during the Term of this Agreement without Contractor’s prior written consent, and if the Franchise Fee is adjusted, City shall provide written notice to the Contractor. 5.Term. Section 4.2 shall be amended in its entirety to read as follows: 4.2 Term of Agreement. The term of this Agreement shall expire on March 31, 2031, subject to early termination or extension as may occur pursuant to this Agreement. 6.Term Extension. Section 4.3 shall be amended in its entirety to read as follows: 4.3 Term Extension. At the City’s sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5-Year extension to the Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term shall commence April 1, 2028, and end no later than March 31, 2029. (“Exclusive Negotiating Period”) All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term or to any modification of the terms and conditions of the Agreement. In the event, the Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Integrated Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion. 7.Adjustments To Maximum Permitted Service Rates. Section 21.1.3 shall be amended in its entirety to read as follows: 21.1.3 Adjustments To Maximum Permitted Service Rates. The adjustments to the Maximum Permissible Customer Rates shall be calculated as follows:   Packet Pg. 389 a)Annual Adjustment. On July 1, 2023 and each July 1st thereafter, Contractor may increase the Service Component of the Maximum Permitted Service Rates for all Service Recipients by CPI. Any Disposal Fees and Material Processing Fees for Organic Waste, and City Approved Host Fees, shall be considered as pass through costs and added to the CPI adjustment to the Maximum Permitted Service Rates. Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1st of each Agreement year, or no adjustment shall be made for that Agreement Year. The City Manager shall respond to the Contractor within thirty days (30) after receipt of Contractor’s proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1st of the Agreement Year. If the City Manager finds that Contractor’s proposed changes to the Maximum Permitted Service Rates are not correctly calculated, Contractor shall have thirty (30) days to correct and resubmit proposed changes to the Maximum Permitted Service Rates. If Contractor does not resubmit corrected Maximum Permitted Service Rates within 30 days of notice by the City Manager, no adjustment to the rates shall be made. b)Maximum Annual Increase. Except as specified in Section 21.1.3(a), in no event may the increase in the Maximum Permitted Service Rates increase by more than five percent (5%) during any July 1st – June 30th period regardless of the amount increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years. c)Adjustment Due to Change in Law. As used herein, “Change in Law” means the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local statute, ordinance or regulation, or a regulatory agency or other administrative agency interpreting a law, statute, ordinance or regulation, in a manner different than relied upon by municipalities and the solid waste and collection industry. Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e., on any direct or indirect cost, whether fixed or variable) of   Packet Pg. 390 Contractor’s provision of services under this Agreement that are caused by the Change in Law and that have been demonstrated to the City Council. d)The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approval of any such adjustment. 8.Container Contamination Minimization. Section 6.9.1 is hereby added to read as follows: 6.9.1 Container Contamination Minimization. Contractor shall assist in minimizing contamination by helping to educate customers on acceptable and non-acceptable materials, by monitoring the contents of collection containers, and by refusing to collect containers with visible prohibited container contaminants. Contractor shall, at its sole expense, either (1): conduct hauler route reviews each calendar year for prohibited container contaminants in containers in a manner that is deemed safe by the Contractor, is approved by the City, and is conducted in a manner that results in all hauler routes being reviewed, in accordance with 14 CCR Section 18984.5(b) or (2) conduct waste evaluations for prohibited container contaminants though sampling of materials from all container types and shall do so at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR Section 18984.5(c). 6.9.1.1 Number of Containers to Review. Contractor shall visually inspect the contents of a reasonably representative number of containers, as directed and approved by the City, per hauler route to search for prohibited container contaminants, for each and every hauler route. The Containers shall be randomly selected by a method approved by the City. 6.9.1.2 Route Review Methodology. Contractor shall develop a hauler route review methodology that complies with the requirements of 14 CCR Sections 18984.5(b). Contractor shall submit its proposed hauler route review methodology for the coming year to the City no later than January 15 of each year describing its proposed methodology for the calendar year and schedule for performance of each hauler route review. Company’s proposed hauler route review methodology shall include its plan for container inspections and shall also include its plan for prioritizing the inspection of customers that are more likely to be out of compliance. City shall review, comment on, and approve the proposed methodology. Contractor may commence with the proposed methodology upon approval. If the City notifies the Contractor that the methodology is inadequate to meet the requirements of SB 1383, Contractor shall, at its sole expense, revise the methodology and, after obtaining City approval, conduct additional hauler route reviews, increased container inspections, or implement other changes using the revised procedure.   Packet Pg. 391 6.9.1.3 Scheduling. The City may request, and Contractor shall accept, modifications to the schedule to permit observation by the City subject to reasonable safety protocols. In addition, Contractor shall provide email notice to the City no less than ten (10) working days prior to each scheduled hauler route review that includes the specific time(s), which shall be within the City’s normal business hours, and location(s). 6.9.1.4 Documentation. Contractor shall document contamination with still pictures or video, and will notify the customer of the contamination and recycling requirements. Contractor may, at its discretion, collect the Container as Recyclable Materials, Organic Waste, or as Solid Waste. 6.9.1.5 Reporting Requirements. Contractor shall maintain records and report to the City on contamination monitoring activities and actions taken. 6.9.1.6 SB 1383 Monitoring and Inspections. Contractor shall perform customer compliance reviews described in this subsection annually, beginning February 16, 2023, unless otherwise noted. 6.9.1.7 Commercial Generator Compliance Reviews. Contractor shall complete a compliance review of all commercial businesses that generate two (2) cubic yards or more per week of solid waste, including organic waste, to determine their compliance with: (i) generator requirements under the City Code and this Agreement; and, (ii) if applicable for the customer, self-hauling requirements per 14 CCR Section 18988.3. The compliance review shall mean a “desk” review of records to determine customers’ compliance with the above requirements and does not necessarily require on-site observation of service. 6.9.1.8 Compliance Review Process. Contractor shall conduct inspections of entities described in this subsection at a minimum of once per year or as directed by City to adequately determine the entities’ overall compliance with SB 1383. City may require the Contractor to prioritize inspections of entities that the City determines are more likely to be out of compliance. 6.9.1.9 Non-Compliant Entities. From the Effective Date of this Third Amendment through December 31, 2023, when compliance reviews are performed by Contractor pursuant to this subsection, Contractor shall provide City-approved educational materials, in response to violations. Contractor shall provide these educational materials to the non-compliant customers within two (2) working days of determination of non- compliance or immediately upon determination of non-compliance if such non- compliance is determined during an inspection or hauler route review. Contractor shall document the non-compliant customers and the date and type of education materials   Packet Pg. 392 provided and report such information to the City. Beginning January 1, 2024, the Contractor shall document non-compliant customers determined through Contractor’s compliance reviews, and shall report all customers with SB 1383 violations to the City. The City shall be responsible for subsequent enforcement action. 6.9.1.10 Documentation of Inspection Actions. The Contractor shall generate a written or electronic record and maintain documentation for each inspection, hauler route review, and compliance review conducted. 6.9.1.11 Documentation of SB 1383 Non-Compliant Incidents. Contractor shall maintain a computer database of all oral and written SB 1383-related non-compliant incidents reported to Contractor from customers or other persons. 6.9.1.11.1 Reports of SB 1383-Noncompliant Incidents. For reports received in which customers or other persons allege that an entity is in violation of SB 1383 requirements, Contractor shall document such incident investigations. Contractor shall provide this information in a brief incident report to the City for each SB 1383-noncompliant incident within five (5) working days of receipt of such incident, and a quarterly summary report of SB 1383-noncompliant incidents. 6.9.1.11.2 Investigation of SB 1383-Noncompliant Incidents. Contractor shall assist City in meeting its obligation to investigate non-compliant incidents by commencing an investigation within thirty (30) days of receiving notice of an incident in the following circumstances: (i) upon Contractor receipt of an incident that an entity may not be compliant with SB 1383 and if City determines that the allegations against the entity, if true, would constitute a violation of SB 1383; and, (ii) upon City request to investigate an incident received by City, in which City determines that the allegations against the entity, if true, would constitute a violation of SB 1383. Contractor is required to investigate incidents against customers and generators, including Tier One and Tier Two Commercial Edible Food Generators, against Edible Food recovery organizations, Edible Food recovery services, and other entities regulated by SB 1383. Contractor shall investigate the incident by: i. Reviewing the service level of the customer (if the entity is a customer of the Contractor); ii. Reviewing the waiver list, if applicable, to determine if the entity has a valid, City-approved de minimis or physical space constraint waiver;   Packet Pg. 393 iii. Reviewing the self-haul registration list, if applicable, to determine if the entity has registered and reviewing the entities reported self-haul information; iv. Inspecting premises of the entity identified in the incident notice, if warranted; and, v. Contacting the entity to gather more information, if warranted; vi. Affixing a City-approved notice of non-compliant incident report on the customer’s container that includes SB 1383 generator requirements and, if applicable, provides a City-approved deadline for correction. 6.9.1.11.3 Reporting. Within ten (10) days of completing an investigation of an SB 1383-noncompliant incident, Contractor shall submit to City an investigation incident report that documents the customer account in question, the nature of the incident, the investigation performed, and recommends to City whether or not the entity investigated is in violation of SB 1383 based on the Contractor’s investigation. The City shall make a final determination of the allegations against the entity. Contractor shall provide to City in its reports a list of all customer non-compliant incident notices that have not been resolved by Contractor within thirty (30) days of receiving such notice. The Contractor incident list shall include the customer’s account information, including customer’s then-current service level, the nature of the incident, and Contractor’s efforts to resolve the incident. City, or its designee, shall be responsible for investigating such outstanding incidents received by Contractor. Within three (3) business days of the City’s or its designee’s request, Contractor shall provide City or its designee with customer account information and other documentation that may be useful in the investigation such as records of the customer’s most recent change(s) in service level and other customer service records. Nothing contained herein shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time. 9.Procurement of Recovered Organic Waste. Section 6.15 is hereby added to read as follows:   Packet Pg. 394 6.15 Procurement of Recovered Organic Waste. Contractor shall purchase or procure compost and or mulch necessary to meet thirty percent (30%) of the City’s annual recovered Organic Waste product procurement target under the SB 1383 Regulations (14 CCR Section 18993.1) without additional charge to the City or its customers. Contractor agrees to act as a direct service provider on behalf of the City. Contractor shall assist the City in meeting its recovered Organic Waste product procurement target, as required by 14 CCR Section 18993.1 and will assist the City with applicable recordkeeping requirements under 14 CCR Section 18993.2. 10.SFD Food Waste Collection Services. Section 7.7.5 (SFD Food Waste Collection Services) is hereby deleted it its entirety and Section 7.7.6 (Non-Collection) shall be renumbered as Section 7.7.5. 11.SB 1383 Outreach and Education. Section 14.9 is hereby added to read as follows: 14.9 SB 1383 Outreach and Education. The Contractor shall conduct a public information program, as directed and approved by the City and meeting the requirements of SB 1383 and the SB 1383 Regulations, to inform and remind residents of the recycling and organic waste programs and their operation. Such program shall include media releases, advertisements, public appearances, community involvement programs to encourage participation in recycling efforts. A program plan shall be submitted to the City prior to January 1st of each year for approval. Contractor shall, consistent with 14 CCR Section 18985.1, provide generators with information on properly separating materials, organic waste prevention, on-site recycling, composting, methane reduction benefits, how to recycle organic waste, approved haulers, public health and environmental impacts associated with landfilling organic waste, self-haul requirements, and edible food donation. Contractor shall prepare and distribute public education and outreach materials in non-English languages spoken by a substantial number of the public that are provided organic waste collection services, consistent with the requirements of Government Code section 7295. Annually, commencing in 2022, Contractor shall provide Tier One and Tier Two Commercial Edible Food Generators with information on the City’s edible food recovery program, generator requirements, and food recovery. Contractor shall cooperate and coordinate with the City Manager or his or her designee on public education activities to minimize duplicative, inconsistent, or inappropriately timed education campaigns. Contractor shall obtain approval from the City Manager or his or her designee on all Contractor -provided public education materials including, but not limited to: print, radio, television, or internet media before publication, distribution, and/or release. City shall have the right to request that Contractor include City identification and contact information on public education materials and approval of such requests shall not be unreasonably withheld.   Packet Pg. 395 12.Notice. Section 21.1.3(b) is hereby added to read as follows (and the existing (b)-(d) shall be relettered to (c)-(e): b) Notice. Contractor shall provide notice of such increase to all customers in a form approved by the City at Contractor’s expense. Contractor shall, at its own expense, mail a notice to all such customers no later than 30 days prior to the adjustment date. Any notice that must be mailed to customers and/or property owners pursuant to the protest hearing requirements of Article XIII D, Section 6 of the California Constitution (also referred to as “Proposition 218”) shall be the responsibility of Contractor and shall be performed in a timely manner. Notwithstanding the foregoing, and to the extent determined necessary or advisable by City, any rate increase or new rate shall be subject to the requirements of Proposition 218 and is contingent upon the City not receiving a majority protest against the rate increase as part of such proceedings. 13.Submission of Reports. Section 24.4 shall be amended to read as follows: 24.4 Submission of Reports. Reports shall be submitted to: Director of Public Works City of San Bernardino 290 North D Street San Bernardino, CA 92401 14.Liquidated Damages. The following is added to the table within Section 30.54: LIQUIDATED DAMAGES Item Amount y. Each occurrence of Contractor Collecting from Customers during unauthorized hours beyond the Contractor’s reasonable control. $250 per incident. z. Failure to provide Containers for SB 1383 Collection service to all customers, unless customer has been granted a waiver. $1,000 each week. aa. Failure to complete annual outreach and education requirements in accordance with this Agreement and SB 1383 Regulations. $1,000 per Agreement Year. bb. Failure to complete annual SB 1383 monitoring requirements by June 30 in $1,000 per year.   Packet Pg. 396 LIQUIDATED DAMAGES Item Amount accordance with this Agreement and SB 1383 Regulations. cc. Failure to complete annual reporting requirements by June 30 in accordance with this Agreement and SB 1383 Regulations. $1,000 per year. dd. Failure to contact Customers in response to complaints within one (1) business day or to resolve or remedy a Complaint within seven (7) calendar days of receiving such Complaint. $250 per incident ee. Failure to label Containers in accordance with this Agreement and SB 1383 Regulations. $250 per incident ff. Failure to issue contamination notices in accordance with this Agreement and SB 1383 Regulations. $50 per incident gg. Failure to conduct compliance tasks (i.e., perform route reviews or waste audits) in accordance with this Agreement and SB 1383 Regulations. $250 per incident hh. Failure to investigate complaints. $250 per incident ii. Failure to perform re-inspections in accordance with this Agreement and SB 1383 Regulations. $50 per incident jj. Submission of a late report required by the SB 1383 Regulations . $1,000 per incident. ll. Submission of an intentionally inaccurate and misleading report. $1,000 per incident. mm. Failure to fulfill any other obligation required by the SB 1383 Regulations in this Agreement. $250 per incident 15.Notices. Section 33.9 shall be amended to read as follows:   Packet Pg. 397 33.9 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows: To City: Charles E. McNeely, City Manager City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: McNeely_ch@sbcity.org Copy to: Sonia Carvalho, City Attorney City of San Bernardino Best Best & Krieger LLP 18101 Von Karman Ave. Irvine, CA 92612 Email: Sonia.Carvalho@bbklaw.com And to: Daniel Hernandez, Director of Public Works City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: Hernandez_Da@sbcity.org To Contractor: Cole Burr, President Burrtec Waste Industries, Inc. 9890 Cherry Ave. Fontana, CA 92335 16.Public Records. The heading of Section 33.12 shall be renamed to “33.12 Public Records.” 17.Replacement of Exhibit 1. Exhibit 1 of the Agreement is hereby replaced with the Exhibit A attached to this Third Amendment and incorporated by reference herein. 18.Contractor understands and agrees that it shall comply with any changes to the San Bernardino Municipal Code adopted by City necessary or advisable to ensure compliance with SB 1383 and the SB 1383 Regulations. 19.Whenever the words “AB 1826” appear in the Agreement, “and SB 1383 (and its implementing regulations)” shall follow.   Packet Pg. 398 20.This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21.This Third Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective date first herein above written. CITY CONTRACTOR CITY OF SAN BERNARDINO BURRTEC WASTE INDUSTRIES, INC. APPROVED BY: ______________________________ _____________________________ Charles McNeely Cole Burr City Manager President APPROVED AS TO FORM: ______________________________ Best Best & Krieger LLP City Attorney   Packet Pg. 399 Exhibit 1 Maximum Permitted Service Rates   Packet Pg. 400   Packet Pg. 401   Packet Pg. 402 NOTICE OF PUBLIC HEARING PROPOSITION 218 NOTIFICATION TO PROPERTY OWNERS AND CUSTOMERS TO CONSIDER INCREASES TO SOLID WASTE SERVICE RATES Si usted necesita una copia de esta carta en español, por favor llámenos al (909) 384-5140. Notice is hereby given that the City of San Bernardino (“City”) will conduct a public hearing on February 15, 2023, at 7:00 p.m. at the Feldheym Central Library, 555 West 6th Street, San Bernardino, CA 92410 to consider adopting increases to the rates for collection, processing, and disposal of solid waste within the City (collectively, “Solid Waste Services”). The purpose of the public hearing is to consider all oral testimony and written protests to, and the adoption of, the proposed rates. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIII D of the California Constitution. Proposed Solid Waste Rates Burrtec Waste Industries, Inc. (“Burrtec”) provides Solid Waste Services within the City pursuant to an exclusive franchise agreement. Burrtec bills the customers directly for the services. Rates for Solid Waste Services are evaluated periodically to maintain an adequate rate structure to fund the costs of providing Solid Waste Services to residents and commercial businesses. The rate structure for monthly Solid Waste Services has four customer classes: (i) mobile home, (ii) single-family, (iii) multi- family dwelling, and (iv) commercial. The rates for Solid Waste Services imposed on each customer class are determined on the basis of (i) the size of the container serving the property; (ii) the type of container (e.g., trash, recycling, or green/organic waste) serving the property; and (iii) the frequency of pickups per week. The proposed rate increases for Solid Waste Services are necessary for Burrtec to provide mandatory organic waste collection services pursuant to regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016). The proposed rates are calculated to recover the costs of providing weekly organic waste collection services, outreach, education, monitoring, reporting and container labeling to comply with the SB 1383 regulations, and to proportionately allocate those costs on a parcel basis among various customer classes. The rates to be imposed are set forth in Exhibit A of this Notice. Annual Adjustments • CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A account for inflation, subject to a 5% cap on Maximum Permitted Service Rates. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2027, the then-current Maximum Permitted Service Rates will be adjusted by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the CPI is less than 5% for any year, the actual rates (not including organic waste processing and disposal pass-through fees) charged to customers will be less than the rates in the schedule in Exhibit A. • Organic Waste Processing & Disposal Pass-through Fees: The proposed maximum rates for Solid Waste Services in Exhibit A shall be adjusted annually to account for processing and disposal fees for organic waste. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2027, the actual processing and disposal costs for organic waste shall be passed through to customers in the rates.   Packet Pg. 403 The entire schedule of proposed maximum permitted rates, including miscellaneous services, are included with this notice and can be found at the City Clerk’s office (see address below), or on the City of San Bernardino website at http://sbcity.org/swrates. Public Hearing and Written Protest Process Any property owner whose property is to be subject to the proposed increases to the rates for the Solid Waste Services and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel. Written protests must include the following: (1) State that the identified property owner or tenant is in opposition to the proposed rate increase to the fees; (2) The location of the identified parcel (by assessor’s parcel number or street address); and (3) The name and signature of the property owner or tenant submitting the protest. If the person submitting the written protest is the owner of record but was not shown on San Bernardino County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail or in person to the City Clerk’s Office, provided they are received prior 3 p.m. on February 15, 2023. Written protests may also be submitted to the City Clerk at the Public Hearing prior to the close of the public comment portion of the Public Hearing. Written protests submitted via e-mail will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person, Attn: Solid Waste Rates. Written protests may be submitted as follows: BY MAIL TO: (by February 15, 2023, 3 p.m.) HAND DELIVERED TO CITY CLERK’S OFFICE: (by February 15, 2023, 3 p.m.) SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 290 NORTH “D” STREET SAN BERNARDINO, CA 92401 SAN BERNARDINO CITY CLERK’S OFFICE ATTN: SOLID WASTE RATES 201 NORTH “E” STREET SAN BERNARDINO, CA 92401 IN PERSON AT PUBLIC HEARING: (on February 15, 2023, 7 p.m. until close of public comment) FELDHEYM CENTRAL LIBRARY 555 WEST 6TH STREET SAN BERNARDINO, CA 92410 The City Council will consider all written protests and hear and consider all oral comments to the proposed rate increases for Solid Waste Services and the annual rate adjustments at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adoption of the rate increases to the Solid Waste Services and the annual rate adjustment s as described herein. If written protests against the proposed Solid Waste Services and annual rate adjustments are not presented by a majority of the property owners of the identified parcels upon which the rates are proposed to be imposed and tenants directly responsible for the payment of the Solid Waste Services fees, the City Council will be authorized to impose the Solid Waste Services and annual rate adjustments as outlined above. If adopted, the proposed rate increases will take effect beginning July 1, 2023. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services.   Packet Pg. 404 Questions If you have questions regarding this notice or how your rates will be affected, please visit http://sbcity.org/swrates. You can also call (909) 384-5375 or Prop218Support@sbcity.org.   Packet Pg. 405 EXHIBIT A MAXIMUM PERMITTED SOLID WASTE SERVICE RATES   Packet Pg. 406 Title: Solid Waste Rate Adjustment and Third Amendment  to the Franchise Agreement for Integrated Solid Waste  Collection, Processing and Disposal Services. Presented by: Daniel Hernandez, Agency Director of Public Works, Operations  and Maintenance & Leslie Graciano, Environmental Programs Coordinator   Packet Pg. 407 Background •Burrtec Waste Industries, Inc. is the City’s franchise solid waste hauler. The City and  Burrtec entered the 10- year agreement in 2016 to provide trash, recycling, and green  waste services to the jurisdiction. The current term expires March 21, 2026. •The franchise agreement allows Burrtec to increase the service rates by Consumer Price  Index (CPI), not exceeding a 5% increase annually. •This is a beneficial aspect for rate increases because the increase for overall service rates  based on the percentage of calculated inflation is capped. •On December 7, 2022, the City Council considered three rate options and authorized the  issuance of the Proposition 218 Notice with Option 2. Franchise Agreement with Burrtec Waste Industries,  Inc.   Packet Pg. 408 Discussion •SB 1383 Regulations all businesses and residents to subscribe to organic waste ( green +  food waste) collection services, in addition to trash and recycling services. •The City must implement the SB 1383 Regulations, or it could face penalties of up to  $10,000 per day for failing to comply. •CalRecycle is aware the City is under negotiations with Burrtec to amend the franchise  agreement to implement  SB 1383 requirements.  SB 1383 Implementation 2023   Packet Pg. 409 Discussion Continued Collection •Residential collection will utilize 3-container system •Commercial collection will utilize 4-container system, service levels dependent on  customer needs Education and Outreach Activities •Information distributed through community meetings, newsletters, automated calls,  feedback from route review audits/ waste evaluations, and onsite guidance SB 1383 Implementation 2023   Packet Pg. 410 Discussion Continued Assistance in Procurement Requirements •Compost & mulch giveaways, landscape and turf enhancements, organics  converted to heat, fuel,  and electricity Edible Food Recovery •Identify tier 1 food generators and food recovery organizations, estimate amount of  edible food being disposed and divert 20% of edible food from disposal to food  recovery organizations. SB 1383 Implementation 2023   Packet Pg. 411 Discussion Continued Compliance Monitoring and Enforcement •Document qualified customers, edible food generators, material processing waste  characterizations, route audit results, complaints investigated, recycled materials  procured, and organic waste diverted from landfill. Capacity Planning •City works with Burrtec to evaluate existing capacity for managing organic waste  processing & edible food recovery SB 1383 Implementation 2023   Packet Pg. 412 Rate Structure Discussion Continued   Packet Pg. 413 Discussion Continued •Moving Forward, the component of trash and regular recycling will continue to increase by  CPI only with a 5% maximum cap on these components. •CPI adjustment will be calculated using the All Urban Consumers Index (CPI-U) as published by the US  Department of Labor, Bureau of Labor Statistics, Not Seasonally Adjusted, All Items, Riverside – San  Bernardino  – Ontario, CA •The organics recycling will be affected by both CPI and processing and disposal fees with  no 5% cap on this portion of the rate structure.  •Result: more protection for property owners and tenants subscribed to solid waste  services, as not all components of the rates are subject to CPI and processing and  disposal fees with no annual cap.  Amendment No. 3 to the Franchise Agreement with Burrtec   Packet Pg. 414 Discussion Continued •A 5-year extension to the agreement that will end March 31, 2031 •Liquidated damages added as it relates to SB 1383  •Implementation requirements for SB 1383 •​Record keeping  •​Route reviews  •​Waste evaluations  •​Assistance with enforcement  •​Assistance in the procurement requirements to meet the City’s recovered organic waste requirements.   Amendment No. 3 to the Franchise Agreement with Burrtec   Packet Pg. 415 1.​Conduct a Public Hearing to receive comments on the proposed rate increases and Third  Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection,  Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and  ​  2.​Close the Public Hearing after all public comments have been heard; and  ​  3.​Determine if written protests have been received from the owners and tenants from parcels  which are subject to the solid waste service rate increases, and, if a majority protest is not  received; and  ​ ​  4.​Adopt Resolution No. 2023-022, a Resolution of the Mayor and City Council of the City of San  Bernardino, California, adopting rates for Solid Waste Services, Approving Third Amendment to  the City’s Exclusive Franchise Agreement to adjust the Maximum Permitted Service Rates for  Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste  Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.​  Conclusion   Packet Pg. 416 1 2 RESOLUTION NO. 2016-10 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A TEN-YEAR AGREEMENT WITH BURRTEC 4 WASTE INDUSTRIES, INC. TO PROVIDE REFUSE AND RECYCLING, STREET 5 SWEEPING AND RIGHT-OF-WAY CLEAN-UP SERVICES TO THE CITY 6 WHEREAS, the City filed for bankruptcy protection in August 2012; and 7 WHEREAS, as a result, a Recovery Plan in support of a Plan of Adjustment has been filed with the federal bankruptcy court and approved by the Common Council in May 2015 8 that indicated the Council's approval to seek more cost effective approaches to providing 9 services to the public; and 10 WHEREAS, the court and creditors expect the City to implement the Plan in good 11 faith and are closely monitoring the City actions toward implementation; and 12 WHEREAS, the City currently provides solid waste and recycling, street sweeping and right-of-way clean-up services to the public using city staff; and 13 WHEREAS, the City would need to invest almost $20 million just to replace its 14 outdated equipment used to support these activities; and 15 WHEREAS, the private sector performs these services more cost effectively due to 16 economies of scale including capital acquisition, fleet maintenance, workers compensation, employee recruitment, safety and training programs, customer service and billing, technology 17 and management; and 18 WHEREAS, most municipalities contract these services to the private sector; and 19 WHEREAS, the City Manager sent out Requests for Proposals in June, 2015 seeking 20 proposals for a 10-year agreement for solid waste and recycling, street sweeping and right-of- 21 way cleanup services with the option for a five-year renewal; and 22 WHEREAS, four companies responded to the RFP; and 23 WHEREAS, a team of professionals with no ties to any of the companies reviewed 24 and rated the proposals; and 25 WHEREAS, the companies were rated on a review of their financial strength, proposed customer rates, technical proposal, financial proposal, and references; and 26 27 28 1   Packet Pg. 417 WHEREAS, each company was interviewed and confirmed the customer rates and 1 financial proposal provided to the City and to identify guaranteed savings; and 2 WHEREAS, the evaluation team unanimously rated the proposal from Burrtec as the 3 best and most effective proposal for the City; and 4 WHEREAS, on November 16, 2015, the Common Council declared Burrtec to be the 5 successful proposer and authorized staff to: negotiate a ten-year agreement with Burrtec to provide solid waste and recycling, street sweeping, and right-of-way clean-up services, 6 consistent with the terms of their proposal and the RFP; work with the County of San Bernardino to determine if an acceptable agreement can be reached for landfill rates that 7 would allow waste to be returned to the County system without increasing rates or reducing 8 revenues to the City; and return to the Common Council for final contract approval. 9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. A ten-year agreement with one possible five-year extension with 12 Burrtec Waste Industries, Inc, attached hereto as Exhibit"A" is hereby approved to provide 13 solid waste and recycling, street sweeping and right-of-way clean-tip services; 14 SECTION 2. Staff is directed to send written notice to Republic Industries, Inc. 15 terminating the City's processing agreement effective January 1, 2018. 16 17 SECTION 3. The $500,000 offered by Burrtec as part of their financial proposal is 18 hereby authorized to be distributed to employees transitioning to Burrtec and leaving city 19 employment, based primarily on seniority. 20 SECTION 4. The number of authorized full time positions in the Public Works 21 Department will be reduced by 87, effective April 1, 2016. 22 HI 23 24 25 26 27 28 2   Packet Pg. 418 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A TEN-YEAR AGREEMENT WITH BURRTEC 2 TO PROVIDE REFUSE AND RECYCLING, STREET SWEEPING AND RIGHT-OF- WAY CLEAN-UP SERVICES TO THE CITY 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 5 and Common Council of the City of San Bernardino at a joint adjourned regular meeting 6 thereof, held on the 25th day of January, 2016, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 JOHNSON X 15 MULVIHILL X 16 17 Q. - v- 18 Georgea Hanna,'CKU, City Clerk 19 The foregoing Resolution is hereby approved this day of Januar 2016. 20 21 R. Carey Day' , Mayor 22 City of San ernardino 23 Approved as to form: Gary D. Saenz, City Attorney 24 25 Byy. 26 27 28 3   Packet Pg. 419 2016-10 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. By and Between THE CITY OF SAN BERNARDINO and BURRTEC WASTE INDUSTRIES, INC. Approved on: January 25, 2016 Pagel of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 420 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 2 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 421 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. TABLE OF CONTENTS RECITALS 5 Section 1. Definitions 7 Section 2. Grant of Franchise 14 Section 3. Contractor's Payments Reimbursements, and Additional Revenues to City 17 Section 4. Term and Term Extensions 21 Section 5. Warranties and Representations 22 Section 6. Types and Frequency of Service 25 Section 7. SFD Collection Service 31 Section 8. MFD Collection Services 35 Section 9. Commercial Collection Service 36 Section 10. Collection Service for City Service Units 39 Section 11. Street Sweeping 41 Section 12. Right-of-Way Clean-Up Service 46 Section 13. Collection Routes 49 Section 14. Public Outreach Services. 50 Section 15. Collection Equipment 52 Section 16. Hiring of Displaced City Employees and Local Recruiting 57 Section 17. Privacy 58 Section 18. Service Exceptions• Hazardous Waste 58 Section 19. Customer Service 59 Section 20. Ownership of Solid Waste, Recyclable Materials, Organic Waste and Construction and Demolition Materials 60 Page 3 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 422 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 21. Customer Rates and Billing Procedures 60 Section 22. Contractor's Books and Records: Audits 65 Section 23. Integrated Waste Management Act: Reporting Requirements 65 Section 24. Activities and Financial Reports; Adverse Information 66 Section 25. Indemnification and Insurance 71 Section 26. Performance Bonds 75 Section 27. Emergency Service 76 Section 28. Administrative Remedies; Imposition of Damages: Termination 77 Section 29. Referral to Referee; Hearing Procedures 80 Section 30. City's Additional Remedies 83 Section 31. Billing Audit and Performance Reviews 87 Section 32. Franchise Transfers City Consent; Fees 89 Section 33. General Provisions 90 Exhibit 1 Maximum Permitted Service Rates 95 Exhibit 2 City Facilities 99 Exhibit 3 Contractor's Facilities 103 Exhibit 4 City Sponsored Events 105 Exhibit 5 Transition Plan 107 Exhibit 6 Public Education & Outreach Plan 111 Exhibit 7 Diversion Plan 113 Exhibit 8 Customer Service Plan 117 Exhibit 10 Displaced City Employee Compensation Minimum Requirements 123 Exhibit 11 Contractor's Subcontractors 125 Page 4 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 423 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services ("Agreement") is hereby entered into by and between the City of San Bernardino, a California Charter City and a municipal corporation organized under the Constitution and laws of the State of California ("Cit '), and Burrtec Waste Industries, Inc. a California corporation organized under the laws of the State of California ("Contractor"), and is made on the terms and conditions provided below: RECITALS WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to protect public health and safety by taking measures in furtherance of their authority over police and sanitary matters; and WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, ("AB 939" or the "Act") established a Solid Waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices for Solid Waste attributed to sources within their respective jurisdictions; and WHEREAS, the Legislature of the State of California, by enactment of its California Global Warming Solutions Act of 2006 ("AB 32"), requires that commercial generators statewide participate in recycling programs; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 341 AB 341") adopted a goal that seventy-five percent of solid waste generated state-wide be diverted from landfill by the year 2020. Furthermore, AB 341 requires that each commercial solid waste generator, including multi-family dwellings of five or more units, provide for recycling programs, and each City or County implement recycling programs for commercial solid waste generators, including multi-family dwellings of five or more units; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 1594 ("AB 1594") eliminates cities and counties from receiving landfill diversion credit from green waste used being used as Alternative Daily Cover effective January 1, 2020; and WHEREAS, the Legislature of the State of California, by enactment of Assembly Bill 1826 ("AB 1826") adopted requirements for each commercial solid waste generator, including multi-family dwellings of five or more units, to provide for organics recycling programs, and for each City or County to implement organics recycling programs for commercial solid waste generators, including multi-family dwellings of five or more units by April 1, 2016; and Page 5 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 424 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. WHEREAS, California Public Resources Code § 40059 provides that aspects of Solid Waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and WHEREAS, City is obligated to protect the public health and safety of the residents and businesses of the City of San Bernardino and arrangements made by solid waste enterprises and recyclers for the collection of residential and commercial Solid Wastes should be made in a manner consistent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of residential and commercial Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RC RA'), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act CERCLA"), 42 U.S.C. §§ 9601 et seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches; and WHEREAS, City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Contractor, an independent entity, not City, which will arrange to collect Solid Waste from SFD, MFD, City and Commercial Service Units in the City, transport for recycling and disposal and dispose of Solid Wastes which may contain small amounts of household products with the characteristics of hazardous wastes, collect and compost Organic Waste and collect and recycle Recyclable Materials from SFD, MFD, City, and Commercial Service Units in the City, and collect and recycle or dispose of Construction and Demolition Materials; and Page 6 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 425 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. WHEREAS, there are no places within the City limits of the City of San Bernardino where active landfills for disposal are located, or which are suitable for the siting of a landfill and therefore Solid Waste must be exported from the City; and WHEREAS, City and Contractor agree that Contractor, not City, will select the landfill or transformation facility destination of the non-recyclable residential and commercial Solid Waste and Construction and Demolition Materials which Contractor will arrange to collect, that City has not, and by this Agreement does not, instruct Contractor on its collection methods, nor supervise Contractor in the collection of waste and nothing in this Agreement or other action of the City shall be construed to give rise to any inference that the City has any title, ownership or right of possession of such Solid Waste; and WHEREAS, Contractor represents and warrants to City that Contractor has the experience and qualifications to conduct recycling and waste diversion programs, to provide City with information sufficient to meet the City's reporting requirements to CalRecycle and other agencies under the Act, to meet City's other requirements under the Act, to arrange with persons in charge of day-to-day activities of Service Units in the City for the collection, safe transport and disposal of Solid Wastes which may contain small amounts of household products with the characteristics of Hazardous Wastes, in a safe manner which shall minimize the adverse effects of collection vehicles on air quality and traffic, and that Contractor has the ability to indemnify City in accordance with this Agreement; and WHEREAS, the City Council of the City of San Bernardino determines and finds pursuant to California Public Resources Code § 40059(a)(1) that the public interest, health, safety and well-being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Component, and in an effort to reduce the City's potential CERCLA liability, would be served if Contractor were to be awarded an exclusive Franchise for collection, recycling, diversion and disposal of Solid Waste from Service Units in the City of San Bernardino. NOW, THEREFORE, the City and Contractor, agree as follows: Section 1. Definitions Whenever any term used in this Agreement has been defined by the Municipal Code of the City of San Bernardino ("Municipal Code") or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. For purposes of this Agreement the following definitions apply: Page 7 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 426 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.1 "AB 341" means State of California Assembly Bill No. 341 approved October 5, 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 4 cubic yards of commercial solid waste per week or multifamily residential dwellings of 5 units or more to arrange for recycling services, on and after July 1, 2012. AB 341 requires jurisdictions, on and after July 1, 2012, to implement a commercial solid waste recycling program. 1.2 "Act" or "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 et seq., as it may be amended and as implemented by the regulations of the California Department of Resources Recycling and Recovery (CalRecycle), or its successor agency. 1.3 "AB 1594" means State of California Assembly Bill No. 1594 approved September 28, 2014. AB 1594 provides that the use of green material as Alternative Daily Cover does not constitute diversion through recycling and would be considered disposal. 1.4 "AB 1826" means State of California Assembly Bill No. 1826 approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January 1, 2016, to implement an organic waste recycling program to divert organic waste from businesses. Each business meeting specific organic waste or solid waste generation thresholds phased in from April 1, 2016 to January 1, 2020 is required to arrange for organic waste recycling services. 1.5 "ADC" or "Alternative Daily Cover" means cover material used to cover compacted Solid Waste in a Disposal Site, other than at least six (6) inches of earthen material, placed on the surface of the active face of the Solid Waste fill area at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging, as defined in Section 20164 of the California Code of Regulations as may be amended from time to time 1.6 "Agreement' or "Franchise Agreement" means this written Agreement between the City and Contractor, and all exhibits. See Section 2, below. 1.7 "Agreement Year" means each twelve (12) month period from April 1St to March 31St of each year beginning on the Service Commencement Date. 1.8 "Bin" or "Bins" means those 2, 3, 4, and 6 cubic yard containers provided by Contractor for the collection of Solid Waste, Recyclable Material and Organic Waste. 1.9 "Bulky Waste" means large and small household appliances, furniture, carpet, mattresses, white goods, brown goods, clothing, automobile tires, and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and similar large items discarded by residential Service Recipients. Bulky Waste is a form of Solid Waste when discarded by the generator into the waste Page 8 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 427 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. stream. The term "Bulky Waste" does not include consumer electronics, such as televisions, radios, computers, monitors, and the like, which are regarded as Universal Waste Electronic Devices, the disposal of which is governed by regulation of the Department of Toxic Substances Control. 1.10"Business Days" means Monday through Friday, during the hours of 8:00 a.m., through 5:00 p.m., except for holidays recognized by City. 1.11"Cart" or "Carts" means those wheeled containers up to 96-gallon capacity provided by Contractor for the collection of Organic Waste, Recyclable Materials, and Solid Waste. 1.12"City" means the City of San Bernardino, California. 1.13"City Representative" means the City Manager, or the City Manager's designee, authorized to administer and monitor the provisions of this Agreement. 1.14"City Service Unit" means those City properties or locations as set forth in Exhibit 2, "City Facilities", which is attached to and included in this Agreement. 1.15"Commercial Service Unit" means, premises in the City, other than SFD, MFD and City Service Units, where Solid Waste, Recyclable Materials, and Organic Waste are generated or accumulated. The term "Commercial Service Unit" includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing, processing, or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste). 1.16 "Commercial Organic Waste" means Green Waste and Food Waste separated at the source of generation for inclusion in the Commercial Organic Waste Collection Service program. 1.17"Integrated Solid Waste Collection, Processing and Disposal Services" means the collection, transportation, processing, recycling, composting, conversion, retention and disposal of all Solid Waste, Organic Waste, (including Commercial Organic Waste, Food Waste, and Green Waste), Recyclable Materials, Construction and Demolition Materials, Bulky Waste, all as defined in this Agreement, produced, generated and/or accumulated within the City. 1.18 "Construction and Demolition Materials" or "C&D Materials" means discarded building materials, "inert wastes" as defined in Public Resources Code § 41821.3(a)(1) rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition operations, but does not include asbestos-containing materials. Construction and Demolition Materials, but not asbestos-containing materials, Page 9 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 428 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. are within the scope of this Agreement, subject to the licensed contractor exception in Section 2.9, below. 1.19"Consumer Price Index" or "CPI" means the twelve (12) month annual average percentage change for the most recent period of January 1st through December 31st, versus the prior most recent period of January 1st through December 31st, as published the U.S. Department of Labor, Bureau of Labor Statistics, Series ID: "CUURA421SA0, Not Seasonally Adjusted, All Items, Los Angeles-Riverside-Orange County, CA." 1.20"Container" means Cart, Bin, or Roll-off. 1.21"Contractor" means Burrtec Waste Industries, Inc. a California corporation, a party to this Agreement. 1.22 "Displaced City Employee" means an employee of the City as of March 31, 2016 who was principally employed in the operation or support of City's refuse enterprise such as drivers, motor sweeper operators, maintenance workers, customer service representatives, and administrative support) and who would otherwise be discharged or laid-off as a result of City's grant of the Franchise to Contractor, or who has waived their bumping rights under the applicable collective bargaining agreement and decided to pursue a position offered by Contractor. 1.23"Disposal Facility" means such place or places specifically designated by the Contractor as listed in Exhibit 3 for the disposal, or processing as appropriate, of Solid Waste and other materials as appropriate. 1.24"Effective Date" means the date by which Contractor and City have approved the Franchise Agreement (including all attachments) and their respective authorized representatives have executed the Franchise. 1.25"Franchise" means the exclusive right and privilege granted by this Agreement. 1.26"Payments to the City " means the negotiated payments as listed in Section 3 of this Agreement that are agreed upon by the City and Contractor in consideration of City's grant of the Franchise to Contractor and which, inter alia, is intended to offset the City's expenses in administering this Franchise and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Contractor's exercise of this Franchise, the expenses of administering the program for the Solid Waste stream, reporting requirements under the Act and other related expenses. 1.27"Food Waste" means food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, incidental food packaging and food soiled paper products. Food Waste is synonymous Page 10 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 429 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. with "garbage" as that term is defined by Section 17225.30 of Title 14, California Code of Regulations. 1.28"Gross Receipts" means all monies, fees, charges, consideration received or imputed to Contractor and any Affiliate of Contractor, in connection with, arising from, or in any way attributable to the services set forth in this Agreement, including services carried out by any permissible subcontractor hereunder. Gross Receipts include, without limitation, any franchise fee imposed and collected pursuant to this Agreement. For purposes of calculating Monthly Franchise Fee Payments, Gross Receipts does not include revenue from the sale of Recyclable Materials. 1.29 "Green Waste" means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of landscapes or gardens including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush and weeds and incidental pieces of scrap lumber, separated from the Solid Waste Stream. Green Waste" includes holiday trees (except such trees which are frosted, flocked or which contain tinsel or metal), but does not include stumps or branches exceeding four inches (4") in diameter or four feet (4') in length, or palm fronds, or yucca, which are not suitable for composting. "Green Waste" is not a "Recyclable Material" but may be a form of Solid Waste if discarded into the waste stream. 1.30"Hazardous Waste" means any waste materials or mixture of wastes defined as a hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act HSAA"), codified at California Health & Safety Code §§ 25300 et seq.; the Electronic Waste Recycling Act of 2003 (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004; AB 575, Wolke, Chapter 59, Statutes of 2011), laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches, and all future amendments to any of them, or as defined by CalRecycle or the Department of Toxic Substances Control, or by their respective successor agencies. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition. Page 11 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 430 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.31"Household Hazardous Waste" means dry cell household batteries, cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; E-Waste; cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, stripes, and adhesives, auto batteries; and Universal Waste generated at a SFD or MFD Service Unit. 1.32 "Material Recovery Facility" means any facility, selected by the Contractor as listed in Exhibit 3, designed, operated, and legally permitted for the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 1.33 "Multi-Family Dwelling Service Unit" or "MFD Service Unit" means a multi- family dwelling unit such as mobile home parks, apartments, condominiums and town homes, which utilize Carts, Bins or Roll-offs for the accumulation and collection of Solid Waste, Recyclable Material, and Organic Waste. 1.34"Organic Waste" means Green Waste and Food Waste. Organic Waste is a form of Solid Waste when discarded into the waste stream. The following list may be modified, by the mutual agreement of City and Contractor memorialized in writing executed by both Parties. As of the date of execution of this Agreement, Organic Waste includes, but is not limited to the following: 1.34.1 Plant material (branches, grass clippings, natural Christmas trees, palm fronds, leaves, shrubbery, tree trimmings, weeds); 1.34.2 Wood (non-toxic wood products without paint and foreign objects of appropriate size for the container); and, 1.34.3 Food Waste (cooked and uncooked food matter, incidental food packaging and food soiled paper products for commercial customers). 1.35"Organic Waste Processing Facility" means any facility selected by the Contractor as listed in Exhibit 3 that is designed, operated and legally permitted for the purpose of receiving and processing Organic Waste. 1.36"Parties" means the City and the Contractor. 1.37"Residence" or "Residential" means any and all dwelling units, as defined in the Land Use Zoning Ordinance" of the City of San Bernardino, and other buildings used for residential or dwelling purposes. 1.38"Recyclable Materials" is a part of the waste stream that can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. The following list may be modified, by the mutual agreement of City and Contractor memorialized in writing executed by both Page 12 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 431 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Parties. As of the date of execution of this Agreement, Recyclable Materials includes, but is not limited to the following: 1.38.1 Plastics (all numbered plastics); 1.38.2 Metals (aluminum cans, aluminum foil, empty aerosol cans, pie tins, tin cans); 1.38.3 Fiber materials (cardboard, cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper, newspaper, telephone books, white paper); and, 1.38.4 Glass (all colors of glass jars and bottles, except light bulbs, mirror and window glass). 1.39 "Roll-off' means those 10 to 40 cubic yard containers that are normally loaded onto a motor vehicle and transported to an appropriate facility. 1.40 "SB 20" means the Electronic Waste Recycling Act of 2003. 1.41"Scavenging" means the unauthorized removal of Recyclable Materials from designated containers and/or place of collection. Scavenging is prohibited by Public Resources Code § 41950. 1.42"Service Commencement Date" means April 1, 2016, the date upon which Contractor becomes solely responsible for providing Integrated Solid Waste Collection, Processing and Disposal Services to City and within City's boundaries. 1.43"Service Recipient" means SFD Service Unit, MFD Service Unit, City Service Unit, or Commercial Service Unit receiving service by the Contractor as specified by the Agreement. 1.44"Service Unit" means SFD Service Units, MFD Service Units, City Service Units, and Commercial Service Units. 1.45"Single-Family Dwelling Service Unit" or "SFD Service Unit" generally means a detached dwelling, or each dwelling unit of a duplex, triplex, or quadplex, a townhouse, a condominium unit or a mobile home which utilizes Carts, or a Bin or Roll-off for the accumulation and collection of Solid Waste, Recyclable Material, and Organic Waste. 1.46"Solid Waste" means and includes any materials defined as "solid waste" by Section 40191 of the California Public Resources Code, and specifically includes, without limitation, Construction and Demolition Materials, Recyclable Materials, Organic Waste, Bulky Waste, and all other non-hazardous materials, excluding Universal Waste, that are discarded into the waste stream by the generator, or collected in exchange for a fee or any other consideration, regardless of form or amount. Page 13 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 432 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 1.47"Temporary Bin or Roll-off Container Collection Service" means collection of a three (3) cubic yard Bin or ten (10) to forty (40) cubic yard Roll-off container placed in service by Contractor on a temporary basis for no more than seven (7) days between collections. 1.48"Term" means the operative life of this Agreement as stated in Section 4.2, which is ten (10) years beginning 12:01 am on April 1, 2016 ending 11.59 pm on March 31, 2026. 1.49"Transition Period" means the period of time between the Effective Date and the Service Commencement Date. 1.50"Universal Waste" means and includes, but is not limited to, Universal Waste Electronic Devices" or "UWEDs," (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other Universal Wastes, including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches. 1.51"Work Days" mean the days Monday through Saturday, during the hours of 5:00 a.m., to 6:00 p.m., which is the general period Contractor provides regular collection services. Section 2. Grant of Franchise 2.1 Binding Agreement. In consideration of mutual promises and agreements made by the Parties and contained in this Agreement the Parties agree to be bound by the terms and conditions of this Agreement and that this Agreement shall be binding upon their successors-in-interest. 2.2 Prior Agreements. 2.2.1 Contractor agrees that the agreement between the City and Contractor titled "Professional Services Agreement For The Processing of Organic Materials, Recycling Materials and Municipal Non-Recyclable Solid Waste Between The City Of San Bernardino And Burrtec Waste Industries, Inc." dated January 1, 2013 regarding delivery of approximately one half of all City collected Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered to Contractor's East Valley Recycling & Transfer Station located at 1150 & 1250 South Tippecanoe Avenue, San Bernardino, CA 92408 is Page 14 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 433 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. terminated and superseded on the Service Commencement date of this Agreement. 2.2.2 Contractor agrees that the agreement between the City and Jack's Disposal, Inc. "Agreement Between The City Of San Bernardino And Jack's Disposal, Inc. For The Collection, Transportation, And Disposal Of Solid Waste And Construction Debris And For Provide Temporary Bin/Roll-off Services" dated May 25, 1995 is terminated and superseded on the Service Commencement date of this Agreement 2.2.3 Contractor agrees to abide by the tonnage delivery and payment provisions terms and conditions as required in the agreement between the City and Republic Services of Southern California, LLC, d.b.a. Inland Regional Material Recovery Facility (IRMRF") titled "Professional Services Agreement For The Processing Of Organic Materials, Recycling Materials And Municipal Non-Recyclable Solid Waste Between The City Of San Bernardino And Republic Services of Southern California, LLC." dated January 1, 2013 regarding delivery of approximately one half of all City collected Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered to the IRMRF located at 2059 E. Steel Road, Colton, CA 92324. Until such time that the agreement between the City and Republic Services of Southern California, LLC is terminated, Contractor is responsible for all payments due to Republic Services of Southern California LLC for Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered by Contractor to the IRMRF. After such time that the agreement between the City and Republic Services of Southern California, LLC, is terminated, Contractor shall direct all Organic Waste, Recyclable Materials and Solid Waste collected by Contractor to permitted facilities as designated by Contractor. Contractor shall not be entitled to any additional compensation by the City or the City's rate payers for Organic Waste, Recyclable Materials, and non-recyclable Solid Waste delivered by Contractor to the IRMRF, except as may be provided in Section 21.1 of this Agreement. 2.3 Grant of Franchise; Exclusions. Except as expressly called out in this Agreement, Contractor is hereby granted the exclusive franchise, duty, right and privilege to control and direct all Solid Waste collected by the Contractor, including transfer, transport, recycling, processing and disposal of Solid Waste Organic Waste and Recyclable Materials generated within the boundaries of City subject to the terms and conditions set forth in this Agreement. 2.4 Exclusive Franchise. Contractor agrees that this Agreement is an "exclusive franchise" as that term is used in Public Resources Code §40059. Page 15 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 434 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2.5 Waiver of Rights. Contractor waives any right it may have to challenge the terms of this Agreement under federal, state or local law, or administrative regulation, except as provided in the dispute resolution provisions of Section 28 and Section 29 of this Agreement. 2.6 Recycling Agent. Contractor is hereby designated the City's authorized recycling agent as that term is used in Public Resources Code § 41950. 2.7 C&D Materials. The collection and disposal of Construction and Demolition Materials from Service Units through the use of Roll-offs or other Bins is within the scope of this Agreement. Accumulation, collection and recycling or disposal of Construction and Demolition Materials by a licensed contractor utilizing its own employees and equipment at its job site is permissible in accordance with the Municipal Code. 2.8 Sale or Gift of Recyclable Materials. This Agreement does not prohibit any person from selling Recyclable Materials or giving Recyclable Materials away to persons or entities other than Contractor; however, in either instance: (1) the Recyclable Materials must be segregated from and not mixed with Solid Waste; and (2) the seller/donor may not pay the buyer/donee any consideration for collecting, processing or transporting such Recyclable Materials, or as a consultation or broker's fee for recycling services. A discount or reduction in price for collection, disposal and/or recycling services for any form of unsegregated or segregated Solid Waste is not a sale or donation of Recyclable Materials and such Solid Waste does not qualify for this exception. 2.9 Self-Hauling. City Ordinance MC-1346, which modified Section 8.24.285 of the City's Municipal Code, permits that a construction contractor may self-haul recyclables or C&D waste generated by the construction contractor at the job site, utilizing its own employees and equipment, with the exception of roll-offs or other bins per the Municipal Code. In addition, San Bernardino Municipal Code section 8.24.010(8) provides that the City does not limit the right of an individual person, organization, or other entity from donating, selling or otherwise disposing of recyclable materials, provided that any such donation, sale or disposal is in accordance with the provisions of Chapter 8.24. In addition, San Bernardino Municipal Code section 8.24.050(E) provides that any person in the lawful possession of any property, other than a place of business, is not prevented from collecting and removing therefrom and, in a vehicle owned or lawfully possessed by him or her, from transporting any refuse, recyclable discards or green waste naturally accumulated upon such property so owned or lawfully possessed by him or her. As such, this Agreement does not prohibit such materials which are removed from any Service Unit in the City and which are transported personally by the owner or occupant of such premises to a processing or disposal facility pursuant to the City's Municipal Code. This Agreement shall not prohibit gardeners and landscapers from collecting, Page 16 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 435 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. transporting and composting or disposing of Green Waste, as long as they transport such Green Waste to an Organic Waste Processing Facility, or other site permitted (or exempt from permitting) by CalRecycle, or its successor agency, in accordance with all governing laws and regulations and submit reports required by City. 2.10 Annexation. Territory annexed to the City and which is zoned or rezoned for residential or commercial use and which is not within the service area of another Solid Waste enterprise which qualifies under Public Resources Code § 49521 to continue to provide Solid Waste services shall be added to the Service Area covered by this Agreement. In the event that an annexed area is added to the Service Area, City and Contractor agree that this Agreement shall supersede any previous franchise agreement, permit, or license granted to Contractor by another public entity with respect to the collection of Solid Waste Recyclable Materials, Bulky Waste and Organic Waste within the annexed area. In the event that an annexed area is within the service area of another Solid Waste enterprise which qualifies under Public Resources Code § 49521, City shall, within 30 calendar days of the effective date of annexation or at such time as may otherwise be required by law, mail a certified return receipt letter to the current Solid Waste enterprise informing them of the commencement of the five (5) year wind down notification per Public Resources Code § 49521. 2.11 Other Services; Niche Recycling Services. City reserves the right to enter into agreements with other entities for other collection, diversion and recycling services not provided for in this Agreement, including, but not limited to catch basin clean-outs, contract services and "niche" recycling services which Contractor does not currently provide. In the event the City wishes, to provide a niche recycling service, e.g., collection of water heaters, in residential or commercial areas, Contractor shall have the initial opportunity to provide such niche recycling service at an agreed upon rate by the City and the Contractor. Section 3. Contractor's Payments, Reimbursements, and Additional Revenues to City 3.1 Contractor's Payments to City. In consideration of City's grant of the Franchise, Contractor shall pay and/or reimburse, as the case may be as provided in this Section 3, City in good and immediately available funds in United States Dollars. 3.2 Purchase of City-Owned Equipment/Personal Property. Contractor shall purchase all of City's equipment/personal property utilized in City's provision of Comprehensive Solid Wastes Services, as specified on the "List of City's Equipment/Property" attached to this Agreement as Exhibit 9 for Twelve Million Two Hundred Twenty Five Thousand Dollars ($12,225,000) which represents the Contractor's value of the specific equipment/personal property. Conveyance of and Page 17 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 436 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. transfer of title to the personal property shall be effectuated by a Bill of Sale and title document deposited by City into an escrow and by Contractor's deposit of the Property Payment into the escrow. The Parties shall deposit their respective items into escrow within thirty (30) Business Days after the Effective Date of this Agreement. Escrow shall close on or before the Service Commencement Date. City represents that, as the date of conveyance of the equipment/personal property to Contractor, such equipment/personal property shall be free and clear of liens, encumbrances and of adverse claims of any kind. In addition, as of the date of conveyance, possession of equipment/personal property shall be deemed as being transferred to Contractor. 3.3 Procurement-Related Costs Reimbursement. Within twenty (20) days after the Service Commencement Date of this Agreement, Contractor shall pay City a maximum amount not to exceed of Two Hundred Fifty Thousand Dollars 250,000) as reimbursement for City's actual procurement-related costs in undertaking the request for proposal process and for the costs it will incur in transitioning Comprehensive Solid Waste Service to Contractor. Within ten (10) days after the Service Commencement Date of this Agreement, the City shall provide an invoice to Contractor specifying the dollar amount incurred by the City for this procurement. Contractor's reimbursement payment to the City shall be reduced by the amount of any payments made directly by Contractor to City authorized consultants assisting with this procurement. 3.4 Payments to City. For the privileges granted to and conferred upon Contractor by City under the Agreement, Contractor shall pay to City the amounts set forth below City Payments"), over the Term of this Agreement, unless the Agreement is earlier terminated or specifically amended to require otherwise: 3.4.1 One-Time, Up-Front Franchise Payment. No later than five (5) business days prior to Service Commencement Date of this Agreement, Contractor shall pay City Five Million Dollars ($5,000,000) for the right to assume City services. If the Five Million Dollars ($5,000,000) payment is not received by March 25, 2016, this Agreement shall be null and void and the City may exercise its rights for the value of the Performance Bond is Section 26 of this Agreement. 3.4.2 Displaced City Employee Payments. Within 30 days of the Service Commencement Date, Contractor shall pay Five Hundred Thousand Dollars 500,000) to Displaced City Employees in a method to be determined by the City. 3.4.3 Annual Value Added Franchise Payment. Beginning in Agreement Year 2, Contractor shall pay to City Five Hundred Thousand Dollars 500,000) each Agreement Year, with the first annual payment due on April 1, Page 18 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 437 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2017, and each succeeding installment payment due on April 1st of each year thereafter, with a final payment due on April 1, 2025. The total amount of all Annual Value Added Franchise Payments shall be Four Million Five Hundred Thousand Dollars ($4,500,000). 3.4.4 Host Fee Payment. Contractor shall pay the City a Host Fee as follows: a) Contractor shall make quarterly payments in the amounts as specified in Sections 3.4.4.c, 3.4.4.d, and 3.4.4.e covering the periods January 1 st — March 31 It, April 1 It — June 30th, July 1 It _ September 30th, and October 1st-December 31st. b) The Host Fee Payment is due on the last calendar day of the month following the prior quarter for services rendered, unless such day is a weekend or holiday, then the Host Fee Payment is due the next Business Day. C) For the period covering July 1, 2017 through December 31, 2017, the Host Fee Payment shall be Eighty One Thousand Two Hundred Fifty Dollars ($81,250). d) For the period covering January 1, 2018 through March 31, 2018, the Host Fee Payment shall be Eighty One Thousand Two Hundred Fifty Dollars ($81,250). e) Beginning April 1, 2018 and thereafter, Contractor shall pay to City Three Hundred Twenty Five Thousand Dollars ($325,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended. f)The Host Fee payment is based on an initial Two Dollars ($2.00) per ton applicable on City Solid Waste and Green Waste tonnage delivered to the East Valley Recycling & Transfer Station. The dollar amounts specified in Sections 3.4.4.c, 3.4.4.d, and 3.4.4.e are the amounts to be paid by Contractor. In addition, Contractor shall pay the City a higher amount if the actual annual tonnage delivered to the East Valley Recycling & Transfer Station when multiplied by a City approved per ton Host Fee results in a higher dollar amount. Contractor shall also pay the City a Host Fee for non-City Solid Waste and Green Waste tonnages delivered to the East Valley Recycling & Transfer Station that may be subject to an Page 19 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 438 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. approved City Host Fee, provided that the non-City jurisdictions have agreed to pay the Host Fee amount. Reconciliation of actual tons received and any increased payments to be made to the City for the prior calendar year will be on the subsequent April 1St payment period. The Host Fee Payment will increase in the same amount as any change to the Maximum Permissible Service Rates, and/ or in a percentage amount equivalent to any City approved Host Fee increase above the initial $2.00 per ton. 3.4.5 Landfill Maintenance Cost Avoidance Payment. Contractor shall pay to City Five Hundred Thousand Dollars ($500,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, in quarterly payments being due on July 1St, October 1St, January 1St, and April 1St with the first quarterly payment being due by July 1, 2016. The Annual Landfill Maintenance Cost Avoidance Payment will increase in the same amount as any change to the Maximum Permissible Service Rates. 3.4.6 BioCNG Biofueling Station Payment. Contractor shall pay to City Five Hundred Thousand Dollars ($500,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, in quarterly payments being due on July 1St, October 1St, January 1St, and April 1St, with the first quarterly payment being due on July 1, 2016. The BioCNG Biofueling Station Payment will be a concession payment for Contractor's use of City owned Biofuel station. If Contractor wishes to purchase BioFuel, Contractor and City shall enter into a separate agreement for the purchase of BioFuel. 3.4.7 Infrastructure Repair Fee Payment. Contractor shall pay to City Two Hundred Fifty Thousand Dollars ($250,000) each Agreement Year during the Term of this Agreement, and as the Term may be extended, with the first annual payment due on April 1, 2016, and each succeeding payment due on April 1St of each year thereafter. The Annual Infrastructure Repair Fee Payment will increase at the same amount as any change to the Maximum Permissible Service Rates. 3.4.8 Monthly Franchise Fee Payment. Contractor shall pay City the Twenty Percent (20%) of the total Gross Receipts received by the Contractor for services provided by the Contractor under the terms of this Agreement. The Monthly Franchise Fee Payment is due on the last calendar day of the month for services rendered during the prior month, unless such day is a weekend or holiday, then the Monthly Franchise Payment is due the next Business Day. 3.4.9 Annual Recyclables Revenue Share Payment. Contractor shall pay City an amount equal to fifty percent (50%) of net revenue from the sale of Page 20 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 439 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. recyclable materials each calendar year during the Term of this Agreement, and as the Term may be extended, with the first annual payment due on April 1, 2017, and each succeeding payment due on April 1St of each year thereafter. For purposes of calculating the Annual Recyclables Share Payments, "net revenue" shall be the total dollar amount during each calendar year from the sale of Recyclable Materials collected and processed by Contractor under the terms of this Agreement less Contractor's cost for processing and marketing Recyclable Materials, and Contractor's cost for disposal of residual from processing Recyclable Materials. Contractor shall provide documentation accordance with Section 24.1.1. to allow the City to verify the amount of the Recyclables Revenue Share Payments 3.4.10 Final Payments. Any Contractor payments due to the City after March 31, 2026, or March 31, 2031 if this Agreement is extended, shall be made on the required scheduled day (April 1"for Sections 3.4.4, 3.4.5, 3.4.6, 3.4.7, and 3.4.9, or last calendar day of the month for Section 3.4.8). Section 4. Term and Term Extensions 4.1 Effective Date. The Effective Date of this Agreement shall be the date entered on the first page of this Agreement which is the date by which Contractor and City have approved the Franchise Agreement (with all exhibits attached) and their respective authorized representatives have executed the Franchise Agreement. 4.2 Term of Agreement. The term of this Agreement shall begin on April 1, 2016 and shall expire on March 31, 2026, subject to early termination or extension as may occur pursuant to this Agreement. 4.3 Term Extension. At City's sole option, City may invite Contractor to meet, confer, and negotiate regarding one 5-Year extension to this Agreement, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. The time period to negotiate any term extension shall commence April 1, 2023, and end no later than March 31, 2024, ("Exclusive Negotiating Period") All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term nor to any modification of the terms and conditions of the Agreement. In the event, the Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Integrated Page 21 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 440 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Solid Waste Collection, Processing and Disposal Services, as it may deem appropriate in its sole and absolute discretion. 4.4 Continued Reporting. Section 23, Section 25, and Section 33 of this Agreement also require Contractor to provide services (e.g., access to landfill destination information, insurance and indemnification and an insurance policy repository) beyond the period during which collection services are to be provided pursuant to this Agreement. Section 5. Warranties and Representations Contractor warrants that it shall comply with all applicable laws, including implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, the AB 939, SB 20, AB 341, AB 1594, AB 1826, laws governing Universal Waste, including, but not limited to, Universal Waste Electronics Devices ("UWED"), non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, mercury-containing switches, regulations and orders of the California Department of Toxic Substances Control, the California Air Resources Board, CalRecycle, and their respective successor agencies, and all other applicable laws of the United States, the State of California, the County of San Bernardino, ordinances of the City, the requirements of Local Enforcement Agencies and all other agencies with jurisdiction. 5.1 Minimum Diversion Requirements. The continued privilege of Contractor to provide Integrated Solid Waste Collection, Processing and Disposal Services to City and within City's boundaries is subject to the satisfaction of each and all of the conditions set below, each of which may be waived in whole or in part by City. The Contractor must achieve all of the following Minimum Requirements. Failure to meet one or more of these requirements is a material breach of this Agreement and subject Contractor to the assessment of liquidated damages, early termination, or other remedies provided for under this Agreement. 5.1.1 Diversion Guarantee. Contractor must achieve a diversion from landfill rate of thirty-one percent (31%) by December 31, 2016; forty percent (40%) by December 31, 2020, and fifty-five percent(55%) by December 31, 2025. 5.1.2 The Maximum Permissible Customer Rates contemplates these Diversion requirements. Should the law change subsequent to the Effective Date of this Agreement and require higher Diversion rates than provided herein, then Page 22 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 441 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Contractor shall comply with such legally required Diversion rates and may adjust the Maximum Permissible Customer Rates as provided under Section 21.1.3(c) Adjustment Due to Change In Law." The diversion rate will be calculated as the tons of materials collected by Contractor from the provision of collection services that are sold or delivered to a Material Recovery Facility or Organic Waste Processing Facility, recycler or re-user, net of all residue, as required by this Agreement, divided by the total tons of materials collected under this Agreement by Contractor in each 12-month calendar year (January 1St — December 31S) City may also consider documented third party non-franchised recycling programs conducted within the City in determining compliance with the Minimum Diversion Requirements. In calculating the diversion rate, Contractor may include documentation of Recyclable Materials, Organics, or C&D Materials collected or backhauled by customers for delivery to an end-use market, re-seller, food bank, or processing facility. Documentation may include reports, receipts or other written materials that lists the type of materials and tonnage diverted from the customers' place of business that would otherwise have been collected by the Contractor as ether Solid Waste, Recyclable Materials, Organics, or C&D Materials. 5.1.3 Failure to Meet Minimum Requirements. Contractor's failure to meet the minimum requirements set forth in this Section 5 may result in the imposition of liquidated damages as specified in Section 30.5 or denial of an extension to this Agreement as specified in Section 4.3 and City's exercise of the remedies provided in Section 28 and Section 30.3. In determining the appropriate remedy, City will consider the efforts put forth by the Contractor in implementing the required programs to meet the minimum diversion requirements and the methods, the level of effort of the Contractor to fully implement the work plans attached to and included in this Agreement as Exhibits 5 — 8 and the City's current Per Capita rate as determined by CalRecycle. 5.1.4 Warranties and Representations. Contractor warrants and represents that it is aware of and familiar with City's waste stream, and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the diversion requirements as set forth in Contractor's Diversion Guarantee, as well as the diversion requirements of the Applicable Laws including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) governing this Agreement (including AB 341, AB 939, AB 1594, AB 1826, SB 1016 and all amendments and related subsequent legislation), and that it shall do so without imposing any costs or fees other than those set forth in Exhibit 1 (including if new programs are implemented which are not called out herein). The programs identified herein Page 23 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 442 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. are minimum requirements that must be met, and Contractor shall be responsible for implementing any other programs that may be necessary to achieve the forgoing. 5.1.5 Guarantee and Indemnification. Contractor warrants and guarantees that it will carry out its obligations under this Agreement in a manner consistent with Applicable Laws including specifically AB 939, AB 341, AB 1594, AB 1826 and SB 1016, and Contractor's actions will provide for the City to meet or exceed the diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in Contractor's Diversion Guarantee and the Applicable Laws including AB 939, AB 341, AB 1594, AB 1826, and SB 1016 and all amendments thereto. In this regard Contractor agrees that it will, in addition to any other requirement contained herein, at its sole cost and expense: a) To the extent legally permitted, defend, with counsel approved by City, indemnify, and hold harmless City and City's officials, employees, and agents from and against all fines and/or penalties and other liabilities which may be imposed by CalRecycle or any other regulatory agency if: (1) Contractor fails or refuses to timely provide information relating to its operations which is required pursuant to this Agreement or the Applicable Laws and such failure or refusal prevents or delays City from submitting reports required by the Applicable Laws including AB 939, AB 341, AB 1594, and AB 1826 in a timely manner; or (2)the source reduction and Recycling goals, diversion goals, program implementation requirements, or any other requirements of the Applicable Laws, including AB 939, AB 341, AB 1594, and AB 1826, are not met with respect to the waste stream collected under this Agreement; b) Assist City in responding to inquiries from CalRecycle or any other regulatory agency; C) Assist City in preparing for, and participating in, the CalRecycle's biannual review of City's SRRE pursuant to Public Resources Code Section 41825; d) Assist City in applying for any extension, including under Public Resources Code Section 41820, if so directed by City; e) Assist City in any hearing conducted by CalRecycle, or any other Page 24 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 443 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. regulatory agency, relating to City's compliance with the Applicable Laws including AB 939, AB 341, AB 1594, and AB 1826; f)Assist City with the development of and implement a public awareness and education program that is consistent with the City's SRRE and Household Hazardous Waste Element, as well as any related requirements of the Applicable Laws; g) Provide City with Recycling, source reduction, and other technical assistance as may be needed to comply with the Applicable Laws including AB 939, AB 341, AB, 1594, and AB 1826; h) Defend, with counsel acceptable to City, City and City's officials, employees, and agents against the imposition of fines and/or penalties, or any other liabilities, issued by CalRecycle pursuant to the Applicable Laws including AB 939, AB 341, AB 1594 and AB 1826; i)Be responsible for and pay, any fees, penalties or other costs imposed against the City by CalRecycle, and indemnify and hold harmless City from and against any fines, penalties, or other liabilities, levied against it for violation of the diversion requirements, set forth in the Applicable Laws for services provided by Contractor under the terms of this Agreement, including AB 939, AB 341, AB 1594 and AB 1826, or for violation of any other provision of the Applicable Laws, including AB 939, AB 341, AB 1594 and AB 1826, arising from or in any way related to Contractor's performance of its obligations under this Agreement. Section 6. Types and Frequency of Service 6.1 Public Health and Safety - General. In order to protect the public health and safety, arrangements made by Contractor with its Service Recipients within the City for the collection of Solid Waste shall provide for the collection of such waste generated or accumulated in Service Units within the City at least once per week, on the regular collection day, or more frequently as Contractor and its customers may agree. 6.2 Hours of Collection. Subject to the exceptions in Section 6.5, Contractor agrees that, in order to protect the quiet enjoyment of residents of the City, Contractor's Page 25 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 444 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collection of Solid Waste, Recyclable Material, and Organic Waste from SFD Service Units shall take place Mondays through Fridays and shall be made between the hours of 5 a.m. and 6 p.m. SFD collection may occur on Saturdays following an observed holiday. MFD and Commercial/Industrial Solid Waste, Recyclable Material, and Organic Waste collection shall take place Monday through Saturday between the hours of 5 a.m. and 6 p.m. City collection service shall be provided between the hours of 5 a.m. and 6 p.m., Monday through Saturday. The hours, days, or both of collection may be extended with the prior written consent of the City Representative. 6.2.1 Restricted Hours. The City may direct Contractor to restrict the collection hours in areas around schools and in high traffic areas during peak commute hours. When the City is conducting road overlay or slurry projects, the City reserves the right to temporarily redirect or restrict Contractor from collection in the affected areas or temporarily change the collection hours if needed. The hours of collection may be extended due to extraordinary circumstances or conditions with the prior written consent of the City Representative. 6.3 Service Units. Service Units shall include all the following categories of premises which are in the service area as of the Service Commencement Date, and all such premises which may be added to the service area by means of annexation, new construction, or as otherwise set forth in this Agreement during term of this Agreement: 6.3.1 SFD Service Units 6.3.2 MFD Service Units 6.3.3 Commercial Service Units 6.3.4 City Service Units Any question as to whether a premises falls within one of these categories shall be determined by the City Representative and the determination of the City Representative shall be final. 6.4 Service Unit Changes. City and Contractor acknowledge that during the Term of this Agreement it may be necessary or desirable to add or delete Service Units for which Contractor will provide collection services. 6.4.1 Additions and Deletions. Contractor shall provide services described in this Agreement to new Service Units within five (5) work days of receipt of notice from City or new Service Unit to begin such service. 6.5 Holiday Service. Contractor observes January 1St, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and December 25th as legal holidays. Contractor shall not provide collection service on these designated holidays. In any week in which one of Page 26 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 445 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. these holidays falls on a work day, Service Unit collection service for the holiday and each work day thereafter will be delayed one work day for the remainder of the week with normally scheduled Friday collection services being performed on Saturday. MFD, commercial and City collection service shall be adjusted as agreed between the Contractor and the Service Recipient. 6.6 Processing and Disposal. 6.6.1 Compliance with Regulations. All materials collected under this Agreement shall be delivered to facilities that comply with the Department of Resources Recycling and Recovery regulations under Title 14, Chapter 3, Minimum Standards for Solid Waste, Recyclable Material, and Organic Waste Handling and Disposal (Article 5.9 — Sections 17380-17386). Contractor, and not the City, must assure that all disposal, transfer, and processing facilities are properly permitted to receive material collected under this Agreement. Failure to comply with this provision is a material breach of the Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement, and subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.2 Permits and Approvals. Contractor must assure that all facilities selected by Contractor shall possess all permits and approvals by local enforcement agencies to be in full compliance with all regulatory agencies to conduct all operations at the approved location. Contractor shall, upon written request from the City, arrange for the facilities selected by the Contractor to provide copies of facility permits, notices of violations, inspection areas or concerns, or administrative action to correct deficiencies related to the operation. Failure to provide facility information is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 and subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.3 Disposal Facility. Beginning on the Service Commencement Date, except as set forth below, all Solid Waste collected as a result of performing collection services shall be timely transported to a fully permitted Disposal Facility as designated by Contractor, in accordance with applicable law. In the event the Disposal Facility is closed on a work day, the Contractor shall transport and dispose of the Solid Waste at such other legally permitted disposal facility. Failure to comply with this provision is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. Page 27 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 446 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 6.6.4 Organic Waste Processing Facility. Beginning on the Service Commencement Date, Contractor shall timely deliver all collected Organic Waste to a fully permitted Organic Waste Processing Facility as designated by Contractor, in accordance with applicable law. In the event the facility is closed on a Work Day, the Contractor shall transport and deliver the Organic Waste to such other legally permitted facility. Contractor shall ensure that all Organic Waste collected pursuant to this Agreement, except residue resulting from processing, is delivered to an Organic Waste Processing Facility that operates in compliance with diversion and recycling legislation and regulations. Failure to comply with this provision is a material breach of this Agreement may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.5 Material Recovery Facility. Beginning on the Service Commencement Date all Recyclable Materials collected as a result of performing collections shall be delivered to a legally permitted Material Recovery Facility (MRF). In the event the MRF is closed on a work day, the Contractor shall transport and deliver the Recyclable Material to such other legally permitted MRF. Failure to comply with this provision may is a material breach of this Agreement and may result in the imposition of liquidated damages as specified in Section 30.5 of this Agreement and may subject Contractor to the remedies provided in Section 28 and Section 30. 6.6.6 Transformation Facilitv. At Contractor's option, Contractor may direct up to 10% of the City's total waste stream to a waste-to-energy facility for diversion purposes provided that such diversion is allowable and deemed to be diversion by CalRecycle. Contractor is not entitled to any additional compensation associated with Contractor's use of any Transformation Facility unless the City specifically directs Contractor to use a Transformation Facility. 6.6.7 Use of ADC (ADC). Contractor may utilize ADC for diversion of Green Waste provided that such diversion is allowable and deemed to be diversion by CalRecycle and higher use of Green Waste is not feasible. 6.7 Inspections. The City shall have the right to inspect the Contractor's facilities or collection vehicles and their contents at any time while operating inside or outside the City. 6.8 Commingling of Materials. 6.8.1 Source Separated Organic Waste and Recyclable Materials. Contractor shall not at any time collect source separated Organic Waste or source Page 28 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 447 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. separated Recyclable Materials with any Solid Waste collected pursuant to this Agreement, without the express prior written authorization of the City Representative. 6.8.2 Organic Waste Recyclable Material or Solid Waste Collected in City. Contractor shall not at any time collect any Organics, Recyclable Materials, or Solid Waste collected pursuant to this Agreement, with any other material collected by Contractor outside the City without the express prior written authorization of the City Representative. 6.9 Contamination. Contractor shall only be required to collect Recyclable Materials if they have been separated by the Service recipient from Solid Waste and Organic Waste, and shall only be required to collect Organic Waste if it has been separated by the Service Recipient from Solid Waste and Recyclable Materials. If Recyclable Materials are commingled with Solid Waste or Organic Waste, or Organic Waste is commingled with Solid Waste or Recyclables, to the extent that renders the entire Recyclable Materials or Organic Waste container contaminated, then Contractor will leave the container unemptied along with a non-collection notice which contains instructions on the proper procedures for setting out Recyclable Materials or Organic Waste. The Service Recipient has the option of removing the contaminated materials and the Contractor shall collect the Recyclables Materials or Organic Waste at the next scheduled collection day for no additional charge. If, however, the Service Recipient does not remove the contaminated materials, then the Contractor shall collect the contaminated Recyclable Materials or Organic Waste as Solid Waste on the Service Recipient's next regularly scheduled Solid Waste collection day. Contractor may charge for this service at the applicable Solid Waste collection rate for the type of customer and size of container as specific in EXHIBIT 1. 6.10 Graffiti Removal 6.10.1 Graffiti Removal from Carts or Bins. If Carts or Bins have been marked or tagged with graffiti, within 48 hours of being identified by the Contractor or City, Contractor shall either remove the graffiti or replace any and all Carts or Bins that have been marked or tagged with graffiti. Contractor shall not deliver a Cart or Bin with any graffiti visible on the Cart Bin. 6.10.2 Graffiti Removal from Temporary Bins and Roll-offs. If Temporary Bins or Roll-offs have been marked or tagged with graffiti, by the next regular scheduled collection day, but no longer than seven (7) calendar days of being identified by the Contractor or City, Contractor shall either remove the graffiti or replace any and all Temporary Bins or Roll-offs that have been marked or tagged Page 29 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 448 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. with graffiti. Contractor shall not deliver a Temporary Bin or Roll-off with any graffiti visible on the Roll-off. 6.11 Spillage and Litter. The Contractor shall use its best efforts to not litter premises in the process of providing collection service or while its vehicles are on the road. The Contractor shall transport all materials collected under the terms of this Agreement in such a manner as to prevent the spilling or blowing of such materials from a Contractor's vehicle. The Contractor shall exercise all reasonable care and diligence in providing collection service so as to prevent spilling or dropping of Solid Waste, Organic Waste, or Recyclable Materials and shall immediately, at the time of occurrence, clean up such spilled or dropped materials. 6.11.1 Carelessness of Service Recipient. The Contractor shall not be responsible for cleaning up unsanitary conditions caused by the carelessness of the Service Recipient; however, the Contractor shall clean up any material or residue that are spilled or scattered by the Contractor or its employees. 6.11.2 Liquids from Operations. Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting from the Contractor's operations or equipment repair shall be covered immediately with an absorptive material and removed from the surface. When necessary, Contractor shall apply a suitable cleaning agent to the street surface to provide adequate cleaning. Contractor's vehicles shall at all times carry sufficient quantities of petroleum absorbent materials along with a broom and shovel. 6.11.3 Spillage and Litter from Operations. The above paragraphs notwithstanding, Contractor shall clean up any spillage or litter caused by Contractor within two (2) hours upon notice from the City. 6.12 Hazardous Waste. 6.12.1 Hazardous Waste. Under no circumstances shall Contractor's employees knowingly collect Hazardous Waste, or remove unsafe or poorly placed Hazardous Waste, from a collection Container. If Contractor determines that material placed in any Container for collection is Hazardous Waste, or other material that may not legally be accepted at the Disposal Facility or one of the processing facilities, or presents a hazard to Contractor's employees, the Contractor shall have the right to refuse to accept such material. The generator shall be contacted by the Contractor and requested to arrange for proper disposal service. If the generator cannot be reached immediately, the Contractor shall, before leaving the premises, leave a non-collection notice, which indicates the reason for refusing to collect the material, and how the Hazardous Waste can be properly disposed or recycled. Page 30 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 449 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 6.12.2 Notification of City. If Hazardous Waste is found in a collection Container that poses an imminent danger to people or property, the Contractor shall immediately notify the City Representative and the City's Public Safety (Police) Department. The Contractor shall immediately notify the City of any Hazardous Waste that has been identified. 6.12.3 Disposal. If Hazardous Waste is identified at the time of delivery to the Disposal Facility, or one of the processing facilities and the generator cannot be identified, Contractor shall be solely responsible for handling and arranging transport and disposition of the Hazardous Waste. 6.13 Regulations and Record Keeping. Contractor shall comply with emergency notification procedures required by applicable laws and regulatory requirements. All records required by regulations shall be maintained at the Contractor's facility. These records shall include waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records. 6.14 Transition. Contractor understands and agrees that the Transition Period is intended to provide the Contractor with ample and sufficient time to, among other things, order equipment, prepare necessary routing schedules and route maps, obtain any permits and licenses, establish/build facilities, and begin the public awareness campaign as part of the Contractor's transition program as specified in Exhibit 5 which is attached to and included in this Agreement. Contractor shall be responsible for the provision of all collection services beginning on the Service Commencement Date. Section 7. SFD Collection Service In addition to the general requirements in Section 6, these services shall be governed by the following terms and conditions: 7.1 Conditions of Service. The Contractor shall provide SFD collection service to all SFD Service Units whose Solid Waste, Organics, or Recyclable Materials are properly placed in Carts, except as set forth in Section 7.8, Contractor shall offer Solid Waste Carts in 64 and 96-gallon sizes, and Recyclables Materials and Organic Waste Carts in 64 or 96-gallon sizes. Contractor may offer alternative services to recipients receiving on-premise service. If collection in Carts is not sufficient to accommodate the amount of Solid Waste generated, Contractor may offer Bins or Roll-offs in sizes as allowable under this Agreement. 7.2 Collection Service. SFD collection shall be done where Solid Waste, Recyclable Materials, and Organic Waste Carts are placed within two (2) feet of the curb, swale, or at edge of street pavement for streets without curbs. This shall apply to Page 31 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 450 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. both public and private streets. Contractor may charge for collection at the rates as set forth in Exhibit 1. 7.2.1 On-Premise Collection Service — Physical Disability. A SFD Service Recipient, and all other adults living at the Service Unit residing therein, who have disabilities that prevent him/her from being physically unable to place Carts at the curb for collection shall receive on-premise collection service where all Carts are collected from a side-yard, backyard, or other off-street location agreed on between the Contractor and the Service Recipient. Contractor shall provide this service at the collection rates as set forth in Exhibit 1. 7.3 Frequency and Scheduling of Service. SFD Solid Waste, Recyclable Materials and Organic Waste shall be provided one (1) time per week on a scheduled route basis. SFD collection services shall be scheduled so that a SFD Service Unit receives SFD Solid Waste collection service and SFD Recyclable Materials collection service, and SFD Organic Waste collection service on the same Work Day. 7.4 Non-collection. Contractor shall not be required to collect any Solid Waste, Recyclable Material, or Organic Waste that is not placed in a Cart. In the event of non- collection, Contractor shall affix to the Cart a non-collection notice explaining why collection was not made. Contractor shall maintain a copy of such notices during the term of this Agreement. 7.5 SFD Solid Waste Collection Service. This service will be governed by the additional following terms and conditions: 7.5.1 Additional Carts. Contractor shall provide additional Carts to SFD Service Recipients within five (5) working days of request at rates per Exhibit 1, provided that additional Carts are used by Service Recipients for the purposes of setting out additional Solid Waste Materials for regular Solid Waste Material collection service. 7.5.2 Solid Waste - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Solid Waste Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 7.6 SFD Recyclable Materials Collection Service. This service will be governed by the additional following terms and conditions: 7.6.1 Additional Carts. Contractor shall provide additional Carts to SFD Service Recipients within five (5) working days of request at no additional cost provided Page 32 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 451 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. that additional Carts are used by Service Recipients for the purposes of setting out additional Recyclable Materials for regular Recyclable Material collection service. 7.6.2 Recycling - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 7.7 SFD Organic Waste Collection Service. In addition to the requirements of Section 6, this service will be governed by the following terms and conditions: 7.7.1 Organic Waste Processing Services. Contractor shall ensure that all Organic Waste collected pursuant to this Agreement are diverted from the landfill in accordance with AB 939 and any subsequent or other applicable legislation and regulations. Contractor reserves the right to dispose, rather than divert, any Organic Waste that is contaminated to an extent it is not suitable for processing. 7.7.2 Organic Waste Disposal. Contractor shall ensure that the Organic Waste collected pursuant to this Agreement is not disposed of in a landfill, except as a residue resulting from processing. For purposes of this Agreement, the application of Organic Waste as Alternative Daily Cover ("ADC') shall not constitute disposal, so long as, it is applied in accordance with standards adopted by the State of California and is allowable under AB 1594. 7.7.3 Additional Organic Waste Carts. Contractor shall provide additional SFD Organic Waste Carts to SFD Service Recipients within five (5) working days of request. Contractor shall be compensated for the cost of additional Organic Waste Carts in accordance with the "Additional Organic Waste Cart" Service Rate as set forth in Exhibit 1 or as may be adjusted under the terms of this Agreement. 7.7.4 Holiday Tree Collection Service. Contractor shall collect Holiday Trees from all SFD Service Units as part of the SFD Organic Waste collection services. Contractor shall provide this service beginning on the first work day after December 25 until the end of the second collection week in January, or dates approved by the City. a) Contaminated Holiday Trees. Holiday trees that are flocked contain tinsel or other decorations or that do not have their stands removed may be delivered to the Disposal Facility at the discretion of the Contractor. Page 33 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 452 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. b) Trees must be no taller than six (6) feet in length. Trees taller than six (6) feet in length must be cut in half for safe collection. 7.7.5 SFD Food Waste Collection Service. At such time as State Law mandates a separate residential Food Waste Program, Contractor and City shall negotiate the specific program requirements and costs to implement such Food Waste Program. 7.7.6 Non-collection. Contractor shall not be required to collect any Organic Waste that is mixed with either Solid Waste, or Recyclable Materials. In the event of non-collection, Contractor shall affix to the Organic Waste Cart a non- collection notice explaining why collection was not made. Contractor shall maintain a copy of such notices during the term of this Agreement. 7.8 On-Call Bulky Waste Collection Service. This service will be governed by the following terms and conditions: 7.8.1 Conditions of Service. The Contractor shall provide On-Call SFD Bulky Waste collection service to all SFD Service Units in the service area whose Bulky Waste have been placed within two (2) feet of the curb, swale, paved surface of the public or private roadway, closest accessible roadway, or other such location agreed to by the Contractor and Service Recipient, that will provide safe and efficient accessibility to the Contractor's collection crew and vehicle. Each SFD Service Unit in the service area shall be entitled to receive free Bulky Waste collection service a maximum of two (2) collection times per calendar year, five 5) items per collection such as a TV, couch, or water heater. Automobile tires will be limited to two (2) tires per collection request. In accordance with the Special Collection" service rate as set in Exhibit 1, Contractor shall be compensated for the cost of collecting Bulky Waste in excess of two (2) Bulky Waste collections per year, or more than five (5) items per collection during any single Bulky Waste collection. 7.8.2 Frequency of Service. SFD Service Recipients must call at least forty- eight (48) hours in advance to schedule SFD Bulky Waste collection service. Collection will occur on customer's next scheduled service collection day. 7.8.3 Bulky Waste Containing Freon. In the event Contractor collects Bulky Waste that contains Freon, Contractor shall handle such Bulky Waste in a manner such that the Bulky Waste is not subject to regulation as Hazardous Waste under applicable state and federal laws or regulations. 7.9 SFD Temporary Collection Service. Upon forty-eight (48) hours request by a SFD Service Unit, Contractor shall provide a 3 cubic yard Bin or Roll-off at the Service Unit. Such SFD temporary collection service shall be on a temporary basis not to Page 34 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 453 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. exceed seven (7) days without collection, emptying, and replacement of the Bin or Roll- off. 7.9.1 Bins or Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 7.9.2 Charges for temporary Bins Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 7.9.3 The Contractor shall provide SFD temporary collection services with as little disturbance as possible and shall leave any Bins or Roll-off at a location without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Bins or Roll-offs in strict adherence with the City's right-of-way requirements and Municipal Code. Section 8. MFD Collection Services 8.1 MFD collection services for MFD premises utilizing Carts will be governed by all conditions of service as specified in Section 7 of this Agreement and those MFD premises utilizing Bins or Roll-offs will be governed by all conditions of service as specified in Section 8.4 and Section 9 of this agreement. Contractor may charge for collection at the rates as set forth in Exhibit 1. In addition, the following additional services shall apply: 8.2 MFD Organic Waste Collection Service. For MFD Service Units utilizing Bins or Roll-offs for collection, Contractor shall implement any required MFD Organic Waste Program in accordance with the schedule established under AB 1826. 8.3 On-Call MFD Bulky Waste Collection Service. The Contractor shall provide on-call MFD Bulky Waste collection service to all MFD Service Units in the service area whose Bulky Waste have been placed within five (5) feet of the curb, swale, paved surface of the public or private roadway, closest accessible roadway, or other such location agreed to by the Contractor and Service Recipient or property manager, that will provide safe and efficient accessibility to the Contractor's collection crew and vehicle. In accordance with the "Bulky Waste Collection" service rate as set in Exhibit 1, Contractor shall be compensated for the cost of collecting MFD Bulky Waste. 8.4 MFD Temporary Collection Service. Upon forty-eight (48) hours request by a MFD Service Unit, Contractor shall provide a 3 cubic yard Bin or Roll-off at the Service Unit. Such MFD temporary collection service shall be on a temporary basis not to exceed seven (7) days without collection, emptying, and replacement of the Bin or Roll- off. Page 35 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 454 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 8.4.1 Bins or Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 8.4.2 Charges for temporary Bins Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 8.4.3 The Contractor shall provide MFD temporary collection services with as little disturbance as possible and shall leave any Bins or Roll-off at a location without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Bins or Roll-offs in strict adherence with the City's right-of-way requirements and Municipal Code. Section 9. Commercial Collection Service 9.1 Conditions of Service. The Contractor shall provide commercial Solid Waste collection service, commercial Recyclable Material collection service, Commercial Organic Waste collection service, and Commercial Roll-off collection service to all Commercial Service Units in the service area pursuant to the requirements of Section 6 and this Section 9. Contractor may charge for collection at the rates as set forth in Exhibit 1. For new customers, and any change in service, Contractor shall have a written service agreement with each Commercial Service Unit that specifies the services to be provided and the Maximum Permitted Rates to be charged for the agreed on services. The service agreement shall reflect any change in services as requested by the Commercial Service Unit. 9.1.1 Required Container Sizes. Contractor shall offer Solid Waste Carts in 64 and 96-gallon cart sizes, and Recyclable Materials and Organic Waste Carts in 64 or 96-gallon cart sizes. Contractor shall offer Bins in 2, 3, 4, and 6 cubic yard sizes. Contractor shall offer Roll-offs in 10, 20, and 40 cubic yard sizes. 9.1.2 Required Capacity. Contractor shall provide commercial Recyclable Materials collection service to all Commercial Service Units in the service area, and Commercial Organic Waste collection service provided upon subscription at the rates as set forth in Exhibit 1. For each Service Unit, Contractor shall offer a minimum capacity of commercial Recyclable Material collection as requested by the Service Recipient. The maximum capacity offered shall be measured as the total cubic yards collected weekly for commercial Solid Waste collection service. 9.1.3 Accessibility. Contractor shall collect all Containers that are readily accessible to the Contractor's crew and vehicles and not blocked. However, Contractor shall provide "pull-out services" as necessary during the provision of commercial collection services. Pull-out services shall include, but not be limited to moving manually or by a specialized "scout" truck the Containers from their Page 36 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 455 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. storage location for collection and returning the Containers to their storage location and will be charged as outlined in Exhibit 1. 9.1.4 Manner of Collection. The Contractor shall provide commercial collection service with as little disturbance as possible and shall leave any Container at the same point it was originally located without obstructing alleys, roadways, driveways, sidewalks or mail boxes. 9.1.5 Size and Frequency. The size of the Container and the frequency above the minimum) of collection shall be determined between the Service Recipient and the Contractor provided it meets the City's development and permitting requirements. However, the size and frequency shall be sufficient to provide that no Solid Waste, Recyclable Material, or Organic Waste need be placed outside the Container. Commercial collection service shall be provided as deemed necessary and as determined between the Contractor and the customer, but such service shall be received no less than one (1) time per week with no exception for holiday(s) as set forth herein, except that collection service scheduled to fall on a holiday may be rescheduled as determined between the customer and the Contractor as long as the minimum frequency requirement is met. Service may be provided by Bin, Cart or Roll-off at the option of the customer. The Contractor shall provide Solid Waste, Organics Waste, or Recyclable Materials Containers as part of the commercial collection service rates set forth in Exhibit 1; however, customers may own their compactor provided that the customer is completely responsible for its proper maintenance and such compactor shall be of a type that can be serviced by the Contractor's equipment. 9.2 Commercial Solid Waste Collection Service. This service shall be governed by the following additional terms and conditions: 9.2.1 Commercial Solid Waste Overflow. Where Contractor identifies instances of overfilling of Container, it will document the overfilling through verbal or written reports and/or digital photography. Contractor will meet with the customer to review evidence of the overfilling of containers. Where such evidence was presented to the commercial/industrial account and Contractor documents another instance of overfilling within one (1) month of such presentation, Contractor is authorized to charge an overage fee as outlined on Exhibit 1. In addition, Contractor will contact the customer to discuss the option of delivering a next larger-sized Container to the commercial/industrial premises. 9.2.2 Non-collection. Contractor shall not be required to collect any commercial Solid Waste that is not placed in a Cart, Bin, or Roll-off. In the event of non- Page 37 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 456 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collection or material overflow, Contractor shall affix to Cart, Bin, or Roll-off a non-collection notice explaining why collection was not made. 9.3 Commercial Recyclable Material Collection Service. This service will be governed by the following terms and conditions: 9.3.1 Additional Bins or Carts. Contractor shall provide additional Cart, Bin, or Roll-off to commercial Service Recipients within five (5) working days of request provided that additional Bins and Carts are used by commercial Service Recipients for the purposes of setting out additional Recyclable Materials for regular weekly Recyclable Materials collection service. Contractor may charge for additional Bins or Carts in accordance with EXHIBIT 1. 9.3.2 Recycling - Chancres to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the type of items included as Recyclable Materials, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid before undertaking any changes or revisions to such work. 9.4 Commercial Organic Waste Collection Service. This service shall be provided on a customer subscription basis and will be governed by the following terms and conditions: 9.4.1 Conditions of Service. In accordance with the schedule established under AB 1826, Contractor shall provide Commercial Organic Waste Collection Service to all Commercial Service Units in the service area who have subscribed for service and whose Commercial Organic Waste materials are properly placed in Containers except as set forth below, where the Containers are accessible. Commercial Organic Waste Collection Service will occur Monday — Friday, and on Saturdays upon request and as necessary. 9.4.2 Commercial Organic Waste - Changes to Work. Should changes in law arise that necessitate any additions or deletions to the work described herein including the types of items included as Organic Waste, the parties shall negotiate any necessary cost changes and shall enter into an Agreement amendment covering such modifications to the work to be performed and the compensation to be paid. 9.5 Commercial Roll-off Collection Service. Upon request of a Commercial Service Unit, Contractor shall provide a commercial Roll-off collection service on a temporary basis or permanent basis. Page 38 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 457 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 9.5.1 Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion. 9.5.2 Charges for Roll-offs shall be in accordance with Exhibit 1 of this Agreement. 9.5.3 The Contractor shall provide commercial Roll-off collection services without obstructing alleys, roadways, driveways, sidewalks, or mail boxes. Contractor shall only place Roll-offs in strict adherence with the City's right-of- way requirements and Municipal Code. Section 10. Collection Service for City Service Units 10.1 General. Contractor shall provide Solid Waste, Recyclable Material, and Organic Waste collection services, and Roll-off collection service to City Service Units as deemed necessary and as determined between the Contractor and the City, but such service shall be received no less than one (1) time per week. Contractor Service may be provided by Bin, Cart or Roll-off at the option of the City. Contractor shall offer Solid Waste Carts in 64 and 96-gallon cart sizes and Bins in 2, 3, 4, and 6 cubic yard sizes, and Recyclables Materials and Organic Waste Carts in 64 and 96-gallon cart sizes and Bins in 2, 3, 4, and 6 cubic yard sizes. Contractor shall offer Roll-offs in 10, 20, and 40 cubic yard sizes. The size of the Container and the frequency (above the minimum) of collection shall be determined between the City and the Contractor. However, size and frequency shall be sufficient to provide that no Solid Waste, Recyclable Materials, or Organic Waste needs to be placed outside the Container. City Service Units are listed in Exhibit 2. Contractor shall not charge for collection of Solid Waste, Recyclable Materials or Organic Waste generated within the normal course of business. 10.2 Public Containers Collection. Contractor shall provide collection, transportation and disposal or processing service to those public Solid Waste, Organic Waste or Recycling Containers in place or placed by the City, or as designated by the City, and other City properties during the term of this Agreement. Frequency of collection shall be a maximum of six(6) days per week per Container. 10.3 Accessibility. Contractor shall collect all Carts, Bins and Roll-offs that are readily accessible to the Contractor's crew and vehicles and not blocked. However, Contractor shall provide "pull-out services" as necessary during the provision of City collection services. Pull-out services shall include, but not be limited to, dismounting from the collection vehicle, moving the Bins or Carts from their enclosure location for collection and returning the Bins or Carts to their enclosure location. 10.4 Contractor Additional Services. Contractor will provide the following additional services at no cost to the City: Page 39 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 458 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 10.4.1 City Sponsored Events. Contractor shall provide collections services at City-sponsored events as requested by City. Such services shall be provided in such a manner that all collection, processing and disposal needs for the event are adequately and properly provided for by Contractor. City Sponsored Events are set forth on Exhibit 4, attached to and included in this Agreement. Contractor agrees to establish a program under which it will donate free or reduced cost services as a gesture of corporate good will to charitable or other non-profit community groups for events sponsored by such groups within the City's boundaries. 10.4.2 Neighborhood Watch Program. Contractor shall implement a neighborhood watch program in cooperation with the City Representative and City's Police Chief. The purpose of the program is to enhance the standard of living in City's neighborhoods by utilizing Contractor's drivers and supervisors to keep a watchful eye out for flagged activities or circumstances. Contractor will work with City to identify preferred reporting methodologies as well as the identification of certain problem areas or flagged actives or circumstances. Contractor will train drivers on how to safely report potential incidents of crime, vandalism or child safety. 10.4.3 Local Purchase Preference Program. Contractor shall make good faith efforts to purchase goods and services from businesses located within City's boundaries ("San Bernardino Business") that are reasonably cost effectively able to supply parts, services or support to Contractor in performing its obligations under this Agreement. 10.5 Community Development Department Reviews. Contractor, upon City's request, shall assist the City in the review of applicants' plans for projects covered by Public Resources Code § 42911, including commercial and multi-family projects, to provide for effective and economical accumulation and collection of Organic Waste, Recyclable Materials and Solid Waste. 10.6 Enforcement. Contractor and City will take reasonable measures, including, but not limited to, legal actions (e.g., actions seeking to enjoin scavengers) to discourage Scavenging of Recyclable Materials from the Solid Waste, Recyclable Material, and Organic Waste Stream. Contractor agrees to assist the City to further develop or implement Anti-Scavenging Ordinances, Construction & Demolition Ordinances, and Mandatory Commercial and Multi-Family Recycling Ordinances to assist in meeting CalRecycle diversion program requirements, maximize the Exclusive Franchise provisions of this agreement, and to deter illegal hauling from occurring in the City. Page 40 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 459 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 11. Street Sweeping 11.1 Street Sweeping Services. Beginning on the Service Commencement Date, and continuing until the expiration or termination of this Agreement, Contractor or Contractor's subcontractor as listed in Exhibit 11, shall provide street sweeping services at no additional cost in accordance with the terms and conditions of this Agreement. 11.2 Manner of Service. Contractor shall provide a complete sweep of all publicly maintained City Streets. Within any curb mile, Contractor shall be responsible for sweeping all curbs including median islands and the corners from any cross street intersecting the subject street. Contractor shall obey all laws governing the operation of the sweepers on a public street, and shall perform its operations so that sweepers are traversing their routes in the normal direction of traffic. 11.3 Water. Contractor may obtain water from City designed facilities at rates set by the City for the water necessary in the street sweeping operation within City. Alternatively, Contractor may make arrangements to obtain water from other water purveyors within the area at Contractor's sole cost and expense. To the extent possible, Contractor shall use reclaimed or recycled water. 11.4 Sweeper Speed. Contractor shall operate the sweepers at a speed of not more than six (6) miles per hour when sweeping or when the sweeper brooms are down, unless Contractor can demonstrate that the sweeper can operate efficiently and safely at a higher speed. City will use NPDES Permits requirements, Environmental Protection Agency information, generally accepted industry standards, and the sweeper manufacturer's recommendation on the speed of sweepers when considering speeds greater than six (6) miles per hour. 11.5 Width of Sweeper Path. Contractor shall sweep a path, with all brooms down, with a width of not less than eight (8) feet unless parked vehicles, structures, or other objects prohibit the safe sweeping of this path width. The path shall begin at the face of the curb, and include the flow line of the gutter. Unless blocked by parked cars or Containers the face of the curb and gutter shall always be included within the sweeper path. On those residential streets with no curb, the width of the sweeper path shall be not less than eight (8) feet measured from the edge of the pavement toward the center of the street. 11.6 Noise. To protect peace and quiet in service areas, the noise level generated by street sweepers during normal sweeping shall not exceed a single-event noise level of eighty-five (85) decibels (dBA) at a distance of twenty-five (25) feet from the street sweeper measured at an elevation of five (5) feet above ground level. Contractor shall, upon request, submit to City a certificate of vehicle noise level testing by an independent Page 41 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 460 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. testing entity of any street sweepers used by Contractor in the City, which has been the subject of more than one noise complaint within any twelve-month period. 11.7 Global Positioning Systems (GPS). Contractor shall provide street sweeping vehicles with fully functioning on-board GPS systems. 11.8 Frequency and Day of Service. 11.8.1 Residential Streets. Contractor shall provide street sweeping service for each curb mile of residential streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.2 Maior Arterial Streets. Contractor shall provide street sweeping service for each curb mile of major arterial streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.3 Downtown Area Streets. Contractor shall provide street sweeping service for each curb mile of the downtown area streets in the City twice per month on a scheduled route basis. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.8.4 City Owned Parks Parkinq Lots. Contractor shall provide street sweeping service for each City owned parks parking lots in the City once monthly on a scheduled route basis. Parks parking lots shall be swept on the same day of the month that routine sweeping of the adjoining residential neighborhood takes place. However, in those instances where the scheduled street sweeping service day falls on a holiday, Contractor shall provide street sweeping services on the following work day. 11.9 Hours of Service. Contractor shall provide street sweeping service on major arterial streets commencing no earlier than 4:00 a.m. and terminating no later than 7:00 p.m., Monday through Friday with no service on Saturday (except for holiday service as set forth in Section 6.5 of this Agreement in which case normal sweeping hours may be utilized or as set forth in this Section) or Sunday. The hours, days, or both of service may be extended due to extraordinary circumstances or conditions with the prior verbal consent of the City Representative. Sweeping in residential areas shall be coordinated with collection services to ensure that sweeping occurs after collection of all Carts has been completed on a specific street. Page 42 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 461 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 11.10 Street Changes. City and Contractor acknowledge that during the term of this Agreement it may be necessary or desirable to add or delete City streets for which Contractor will provide street sweeping service. City will provide notification of changes to Contractor through the customer service system. Conditions which may cause the City Representative to order a street or an area to be bypassed temporarily include the following: 11.10.1 Construction or development on or along a street. 11.10.2 Pavement maintenance activities, including the chip seal program or the slurry seal program. 11.10.3 Inclement weather when running water is in the gutter or street such that sweeping is ineffective. 11.10.4 Special sweeping on alternative schedule. 11.10.5 Consistent non-compliance of citizens to remove parked cars during sweep days. 11.10.6 Other legitimate reasons that make sweeping impractical as determined by the City Representative. 11.11 Street Additions. As new streets are constructed and accepted by City, City may, at City's sole option, designate such streets as part of the service area for the purposes of street sweeping service. If the City Representative designates such streets as part of the service area (after final cap has been laid down) Contractor shall provide street sweeping service on such streets under the terms and conditions of this Agreement within fifteen (15) work days of receipt of notice from the City Representative to begin service. 11.12 Street Deletions. City may require some City streets to be temporarily or permanently removed from the list of scheduled streets for which Contractor provides street sweeping service under this Agreement. Contractor shall immediately cease providing street sweeping service to any City street upon receipt of notice from the City Representative to stop such service. When a City street has been temporarily removed from the list of scheduled streets, Contractor shall resume street sweeping service on such street in the next regularly scheduled cycle following notification from the City Representative that normal street conditions exist in order to resume service. 11.13 Revised Maps. Contractor shall revise the street sweeping service route maps to show the addition or deletion of City streets as provided above and shall provide such revised maps to the City Representative as requested. The maps shall be provided in a format that can be posted to the City website. Page 43 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 462 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 11.14 Temporary Changes in Sweeping Schedule. In the event that the City Representative notifies Contractor not to sweep on a temporary basis, no liquidated damages will be assessed for failure to sweep such streets. The City Representative shall notify Contractor of the temporary suspension of service at least one day prior to the scheduled sweep, except that in the case where the reason for not performing service is because of inclement weather, the City Representative may notify Contractor at any time. 11.15 Parking Restrictions. The City shall also notify Contractor of any streets when permit parking may impact scheduled street sweeping service. Contractor may be required to adjust sweeping schedule to sweep prior to the parking permit hours' restrictions. 11.16 Signage. Should the City change street sweeping days, or add street sweeping signage Contractor shall be responsible for the cost and installation of any such modified or new signs as directed by the City. 11.17 Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the street surface. If in the course of performing street sweeping services, any suspected Hazardous Wastes are encountered, Contractor shall immediately report the location to the San Bernardino Fire Department or any other responsible agency and to the City Representative. 11.18 Disposal of Sweeper Waste. Contractor shall transport and deliver all sweeper waste and debris collected as a result of performing street sweeping services to a facility as listed in Exhibit 3. 11.19 Spillage. During hauling, all sweep waste shall be contained, covered or enclosed so that leaking, spilling and blowing of the sweep waste is prevented. Contractor shall be responsible for the immediate cleanup of any spillage caused by Contractor. 11.20 Street Sweeping Service Routes. Within ten (10) days of the Effective Date of this Agreement, City shall provide Contractor with a street sweeping database for use in developing routes and maps. Contractor shall develop the routes and maps using this data. Within thirty (30) days of receiving City provided route maps, Contractor shall submit to the City Representative, service area maps, precisely defining the sweeper routes for review and approval by the City Representative. The route maps shall include the days of the month sweeping shall occur, the portions of the City to be swept, and any special needs such as early starts, and late finishes. The City Representative may provide written comments on the preliminary maps to Contractor no later than ten (10) work days after receipt of the maps from Contractor. Contractor shall revise the maps to reflect such comments and return them to the City Representative within ten (10) work Page 44 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 463 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. days after receipt of the City Representative's comments for City corroboration. Upon approval by the City Representative of the final sweeper route maps, Contractor shall develop and maintain the sweeping routes on a computerized mapping system that is compatible with City's mapping system to the extent possible. Street sweeping maps provided to the City shall be in a format that is suitable for posting to the City website. 11.21 Addition or Deletion of City Streets. Changes in maps due to addition and deletion of certain City streets shall be provided by City, and Contractor shall update the maps in Contractor's system every month. Such changes shall also be reflected in Contractor's printed route maps. 11.22 Service Route Changes. Contractor shall submit to the City Representative, in writing, any proposed route change (including maps thereof) not less than forty-five (45) calendar days prior to the proposed date of implementation. The City Representative may provide written comments to Contractor on such proposed change no later than ten 10) work days after receipt of the proposal from Contractor, and Contractor shall revise the routes to reflect such comments and return them to the City Representative within ten (10) work days of receipt of such comments, for City corroboration. Contractor shall not implement any route changes without the prior approval of the City Representative. If the approved route change will change the day on which street sweeping service will occur, Contractor shall notify the affected Service Recipients of route changes not less than ten (10) work days before the proposed date of implementation in a manner approved by the City Representative. 11.23 Other City Street Sweeping Service. If during the Term of this Agreement, circumstances exist which require work associated with the street sweeping service program that are not specifically provided for in this Agreement, the City Representative may require Contractor to perform such other associated work (OAW). When Contractor performs OAW, the labor, materials, and equipment used in the performance of such work shall be subject to the prior written approval of the City Representative and charged at an amount agreed to between the City and Contractor. Examples of OAW that Contractor may be required to perform include: flood clean-up and, construction clean up services caused private contractors, City requested clean-up services and any contingency where sweeper and supporting sweeper equipment could assist in a particular instance. 11.24 Street Sweeping Quality of Work. The standards of performance, which Contractor is obligated to meet, are those good street sweeping practices, which leave the serviced area in a debris and dirt free condition. Page 45 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 464 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 12. Right-of-Way Clean-Up Service 12.1 Approach. Contractor will perform a proactive and comprehensive Right-of-Way Clean-Up Services at a high level of cleanliness at the gateway entry points of the City, Downtown and Civic Center District as well as other designated areas identified by the City. 12.1.1 Contractor's Right-of-Way Clean-Up Services will consist of seven (7) components: a) Removal of litter, vegetation and accumulated roll-off from City gateways, alleys, major thoroughfares (including center islands and landscape medians), and the Downtown District; b) Removal of memorials C) Removal of waste generated at homeless/transient encampments; d) Shopping cart, and tire removal; e) Storm channel and storm drain cleaning; f)Metrolink clean-up; and, g) Warrant abatements, vacant lot clean-ups and illegal dumping clean-ups. 12.2 Personnel. Contractor will deploy ten (10) maintenance workers and one (1) maintenance supervisor fulltime to perform Right-of-Way Clean-Up Services. The workweek of the Right-of-Way Clean-Up crewmembers will be assigned so as to provide coverage from 6:00 AM to 6:00 PM, Monday through Friday and 6:00 AM to 2:00 PM on Saturdays. 12.3 Equipment. At a minimum, Contractor will perform this work with no less than four (4) vehicles, each equipped with a two-way radio, a flashing arrow sign (FAS), ten 10) 28-inch orange cones with reflective bands, two (2) "Roadwork Ahead" signs, each equipped with a caution light, and necessary commercial hand tools, including but not limited to, clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed eaters and personal safety equipment consisting of reflective garments, protective chainsaw chaps, gloves, helmets and eye and ear protection. 12.4 City Work Orders. Contractor will respond to the City's written Work Orders for Right-of-Way Clean-Up Services within two (2) business days. Emergency notifications Page 46 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 465 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. may be directed to Contractor's division office, which shall then dispatch Contractor's Right-of-Way Maintenance Supervisor to the scene for assessment and resolution. 12.5 Diversion. To the extent practical, Contractor will divert from disposal the materials collected. 12.6 Compensation. Work for components (a) through (f) will be performed at no additional cost to the City. Work for component (g) will be performed in response to a duly noticed code enforcement action with the expectation that the property owner will bear the cost of the service and that if payment is not made, the City will process the collection as a debt utilizing the County tax bill lien procedure available to it with compensation due to Contractor when collected by the City. 12.7 Scope of Services for Right-of-Way Clean-Ups 12.7.1 Routine Patrol. Contractor's Right-of-Way maintenance crews will complete routine patrols removing all litter, vegetation and accumulated debris from: a) City gateway entry points and the Downtown and Civic Center District, once weekly; and, b) Assigned Right-of-Way routes for major thoroughfares, center islands and landscaped medians from the centerline of the roadway in both directions to ten (10) feet off of the road edge, once every twenty (20) business days; and C) Any public alley from the centerline in both directions to the property line as determined by fences, landscaping, changes in surface material, or line of sight once every twenty (20) business days. 12.7.2 Removal of Memorials. Within two (2) business days following written notification from City, Contractor will remove and dispose of memorials, which shall include but not be limited to trash, bedding and personal effects. 12.7.3 Removal of Homeless Encampments. Subject to the following provisions, within two (2) business days following written notification from the City, Contractor will remove and dispose of materials from homeless or transient encampments, which shall include but not be limited to trash, bedding and personal effects. In each such case, City will make its Police force available to Contractor to coordinate the removal of such materials in a lawful manner and in a manner, which ensures the safety of Contactor's employees. City will be responsible for complying with all applicable laws related to the removal of such Page 47 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 466 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. materials. In addition, City agrees to indemnify, defend, protect and hold harmless Contractor, its officers, employees and assigns from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages) and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, Contractor or its officers, employees or agents arising from or attributable to any act or omission of City or Contractor or Contractor's officers, employees or agents in the removal of such materials, and/or any failure to fully comply with all applicable laws in connection with the same. 12.7.4 Shopping Cart Removal. Contractor's Right-of-Way Maintenance Crews shall remove shopping carts as a part of its routine patrol and upon the direction of the City. Contractor will transport shopping carts to its facility and will attempt to contact the retail outlet from which shopping carts bearing identification originated. Retail outlets will be given five (5) business days after notification to retrieve their shopping carts subject to a recovery costs of $25.00 per shopping cart. Unclaimed shopping carts will be recycled. 12.7.5 Storm Channels and Storm Drains. Storm channels identified in a listing to be provided by City will be cleaned once annually not later than September 1st. Storm drains and drain easements identified in a listing to be provided and maintained by the City will be cleaned once annually between October 1st and December 1 st. 12.7.6 Metrolink. The Contractor Right-of-Way maintenance crew will visit the Metrolink Station located at 1204 W. 3rd Street once each week to remove litter and accumulated debris from the grounds and parking lot. Twice annually, the Contractor Right-of-Way maintenance crew will patrol the Metrolink rail line within the City in coordination with Metrolink maintenance services. 12.7.7 Warrant Abatements, Vacant Lot Clean-Ups, Illegal Dumping Clean-Ups. Within two (2) business days of receipt of a written order of the City's code enforcement officer delivered by the City's Contract Administrator, the Contractor Right-of-Way maintenance crew will respond to perform clean-up on private property as part of an enforcement action. Contractor will maintain a record of hours worked, personnel and equipment utilized, and disposal expenses and shall issue a bill to the City for the services performed. The City shall follow its usual collection procedures, which may include causing a lien to be assessed against the property on the County property tax bill. The City will then compensate Contractor when the City collects payment. Page 48 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 467 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 12.8 Exceptions. Hazardous or toxic substances, motor vehicles, motor vehicle parts and objects larger than seven (7)feet in length or weighing more than two hundred (200) pounds are excluded from the Scope of Services for Right-of-Way Clean-Up. 12.9 Lease of Contractor's Vehicles. Contractor agrees that after the Service Commencement Date, the City may lease vehicle numbers 08223 and 739 as listed in Exhibit 9 for an amount of One Dollar ($1.00) per Agreement Year. In the event that City leases vehicle numbers 08223 and 739, the City shall be responsible for the associated insurance, vehicle licensing, maintenance and fueling costs of vehicle numbers 08223 and 739 during the time these vehicles are leased by the City. The terms and conditions of any vehicle lease agreement shall be negotiated between the City and Contractor. Section 13. Collection Routes 13.1 Collection Routes. During the Transition Period, but before the Service Commencement Date, Contractor shall coordinate with City staff to define the existing collection routes. Any proposed changes to current routing shall be reviewed and approved by the City prior to any notification or implementation with the customers. 13.2 Subsequent Collection Route Changes. During the first four to six months, no changes will be made to residential service route days. The Contractor shall submit to the City, in writing, any proposed route change (including maps thereof) not less than sixty (60) calendar days prior to the proposed date of implementation, except for route changes agreed to by City and Contractor. To the extent possible, Contractor will provide the map data in a GIS format that is compatible with the format used by the City. The Contractor shall not implement any route changes without the prior review of the City Representative. If the route change will change the collection day for a Service Recipient, the Contractor shall notify those Service Recipients in writing of route changes not less than ten (10) days before the proposed date of implementation. 13.3 Collection Route Audits. The City reserves the right to conduct audits of Contractor's collection routes. The Contractor shall cooperate with the City in connection therewith, including permitting City employees or agents, designated by the City Representative, to follow behind the collection vehicles in order to conduct the audits. The Contractor shall have no responsibility or liability for the salary, wages, benefits or worker compensation claims of any person designated by the City Representative to conduct such audits. Page 49 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 468 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 14. Public Outreach Services 14.1 General. Contractor, at its own expense, shall prepare, submit and implement an annual Public Education and Outreach Plan that incorporates key feature of Contractor's Public Education Program (Exhibit 6). The proposed action plans must be submitted annually for City approval no later than sixty (60) days following the Service Commencement Date and each year thereafter. The program must include specific steps designed to increase diversion and participation, for the City's residents and businesses. A minimum of two (2) annual campaigns should target certain diverted materials or "problem" areas of the Contractor's service area where improvements can be maximized. Targets of outreach should be based on local trends and recycling patterns based on information obtained by both the City Representative and Contractor staff. The Contractor shall provide space in Contractor's public outreach materials, such as mailers, flyers and newsletters, for the City to include announcements, community information, articles, and photographs such that it does not impact the current mailing cost components. 14.2 Transition. Contractor will provide transition activities, during the Transition Period, including, at minimum, conducting eight (8) (one in each ward and one general at a location to be determined) community workshops and meetings outlining the transition to the services provided by the Contractor's services and how billing will be done. Contractor shall also provide information on proper how to participate in recycling and organics services, and where to take HHW materials for proper recycling or disposal, how to arrange for Bulky Waste Collection, and the days and hours that collection and Street Sweeping will occur. 14.3 Recycling Coordination Support. Contractor will provide staff resources to serve as recycling coordination support to promote Contractor's public education, recycling and waste diversion, waste prevention, and grant application and coordination programs provided to the City. 14.4 Annual Collection Service Notice. Each Agreement Year the Contractor shall publish and distribute notices to all Service Units regarding the types of services available. The notice can be in the form of a separate mailer, one of the quarterly newsletters distributed by Contractor, or as a billing insert. To the extent appropriate, based on the category of customer receiving the notice, it shall contain at a minimum: definitions of the materials to be collected, procedures for setting out the materials, collection and disposal options for unacceptable materials such as Hazardous Waste, and the Contractor customer service phone number and website address. The notice shall be provided in English, and in Spanish if requested by City, and shall be distributed by the Contractor each Year. Page 50 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 469 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 14.5 Additional Public Outreach Programs and Services. Contractor shall provide additional Public Outreach Programs and Services as requested by City at a price to be mutually agreed upon between the Contractor and the City within the City Manager's contract signing authority. In the event the Contractor and the City cannot reach a mutually agreed upon price for the requested service or program, City shall have the right to procure the service of other vendors or contractors to provide the requested service. 14.6 News Media Relations. Contractor shall notify the City Representative by Fax, e-mail or phone of all requests for news media interviews related to the collection service program within twenty-four (24) hours of Contractor's receipt of the request. Before responding to any inquiries involving controversial issues or any issues likely to affect participation or Service Recipient perception of services, Contractor will discuss Contractor's proposed response with the City Representative. 14.6.1 Copies of draft news releases or proposed trade journal articles shall be submitted to City for prior review and approval at least five (5) work days in advance of release, except where Contractor is required by any law or regulation to submit materials to any regulatory agency in a shorter period of time, in which case Contractor shall submit such materials to City simultaneously with Contractor's submittal to such regulatory agency. 14.6.2 Copies of articles resulting from media interviews or news releases shall be provided to the City within five (5) Business Days after publication. 14.7 Website. Contractor shall develop and maintain a state-of-the-art website accessible to the public, dedicated to services provided in the City that is accessible by the public. The web site shall include answers to frequently asked questions, list of Recyclable Materials and Organic Waste, and other related topics. The Contractor's website shall provide the public the ability to e-mail complaints to Contractor and request services or service changes. Contractor's website shall also promote reuse and recycling, graphics and statistic illustrating the City progress toward meeting City's diversion goals, other City's environmental programs, and other materials as requested by the City. The City shall review and approve Contractor's website as it relates to the City of San Bernardino's page(s). 14.8 Waste Generation and Characterization Studies. Contractor acknowledges that City must perform Solid Waste generation and characterization studies periodically to comply with AB 939 requirements. Contractor agrees to participate and cooperate with City and its agents and to perform studies and data collection exercises, as needed, to determine weights, volumes and composition of Solid Waste generated, disposed, transformed, diverted or otherwise processed to comply with AB 939. Page 51 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 470 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 15. Collection Equipment 15.1 General. Contractor warrants that it shall provide adequate numbers of vehicles and equipment for the collection, transportation, recycling and disposal services for which it is responsible under this Agreement. All collection vehicles used by Contractor in the performance of services under this Agreement shall be of a high quality. At the start of this Agreement, all collection vehicles utilized by Contractor pursuant to this Agreement shall be those outlined below in conjunction with vehicles owned by the Contractor. 15.2 Use of Purchased City Equipment. In accordance with this Agreement, Contractor shall purchase the City's personal property used as listed in Exhibit 9. 15.3 Vehicle Transition Plan. Contractor shall re-brand all previously owned City of San Bernardino vehicles as outlined in the Transition Plan attached in Exhibit 5. 15.4 Temporary Access to and Use of City Corporation Yard. Contractor contemplates requiring access to and use of City's Corporate Yard for up to ninety (90) days after the Service Commencement Date for temporary storage of Containers and collection vehicles. City and Contractor will separately meet and confer with regard to the scope and terms of conditions of such temporary use after the Effective Date of the Agreement, but City will not unreasonably refuse such access and use provided Contractor does not undertake any maintenance, repair, cleaning, or fueling of any vehicles, nor refurbishment or maintenance of Containers, does not store nor dispose of any Solid Waste, Hazardous Waste or Universal Waste at the Corporate Yard, maintains insurance acceptable to City, and repairs any damages caused by Contractor's use. 15.5 Long Term Use of City Corporation Yard. In the event that City wishes to provide long-term use or purchase of the City's Corporate Yard to Contractor, any such agreement will be done separately from this Agreement. 15.6 Noise. To protect peace and quiet in service areas, the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single-event noise level of eighty-five (85) decibels (dBA) at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Contractor shall, upon request, submit to City a certificate of vehicle noise level testing by an independent testing entity of any collection vehicles used by Contractor in the City, which has been the subject of more than one noise complaint within any twelve-month period. 15.7 Compliance. Contractor warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe and sanitary operation of all its equipment. Page 52 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 471 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 15.8 Private Streets, Alleys and Parking Lots. Contractor agrees to use its best efforts to prevent damage to private streets, alleys and parking lots over which its collection equipment may be operated, to obtain all required approvals for operation of its collection vehicles on private streets, alleys and parking lots. 15.9 Vehicle Registration, Licensing and Inspection. Upon City request during the term of this Agreement, Contractor shall submit documentation to the City Representative to verify that each of the Contractor's collection vehicles is in compliance with all registration, licensing and inspection requirements of the California Highway Patrol, the California Department of Motor Vehicles, and any other applicable laws or regulations. Contractor shall not use any vehicle to perform collection service that is not in compliance with applicable registration, licensing and inspection requirements. Each vehicle shall comply, at all times, with all applicable statutes, laws or ordinances of any public agency. Collection vehicles will be subject to routine inspections by the California Highway Patrol and will be subject to bi-annual inspections. Certificates for said inspection shall be filed with the City upon request. 15.10 Clean Air Vehicles. During the term of this Agreement, to the extent required by law, Contractor shall provide its collection vehicles to be in full compliance with local, State and federal clean air requirements that were adopted including, but not limited to, California Air Resources Board and South Coast Air Quality Management District. 15.11 Safety Equipment. All collection equipment used by Contractor shall have appropriate safety markings including, but not limited to, highway lighting, flashing and warning lights, clearance lights, and warning flags. All such safety markings shall be in accordance with the requirements of the California Vehicle Code, as may be amended from time to time. All collection vehicles shall be equipped with audible back-up warning devices. 15.12 Vehicle Signage and Painting. Collection vehicles shall have with the Contractor's name, Contractor's customer service telephone number, and the number of the vehicle. No advertising shall be permitted other than the name of the Contractor except promotional advertisement of the Recyclable Materials and Organic Waste programs. Contractor shall repaint all vehicles (including vehicles striping) during the term of this Agreement on a frequency as necessary to maintain a positive public image as reasonably determined by the City Representative. 15.13 Vehicle Maintenance. Contractor shall maintain collection vehicles in a clean condition and in good repair at all times and ensure that no collected materials, oil, grease, or other substances will blow, fall out, escape or leak out of the vehicle, with the exceptions of vehicle emission. All parts and systems of the collection vehicles shall Page 53 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 472 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. operate properly and be maintained in a condition satisfactory to City. Contractor shall wash all collection vehicles at least once a week. 15.14 Maintenance Log. Contractor shall maintain a maintenance log for each collection vehicles. The log shall at all times be accessible to City upon request of City Representative, and shall show, at a minimum, each vehicle's Contractor-assigned identification number, dates of performance of routine maintenance, dates of performance of any additional maintenance, and description of additional maintenance performed. 15.15 Equipment Inventory. Upon City's request, Contractor shall provide to City an inventory of collection vehicles and major equipment used by Contractor for collection or transportation and performance of services under this Agreement. The inventory shall indicate each collection vehicle by Contractor assigned identification number, DMV license number, the age of the chassis, type of fuel used, the type and capacity of each vehicle, the number of vehicles by type, and the maintenance status. Upon City request, Contractor shall submit to the City Representative, either by Fax or e-mail, an updated inventory annually to the City or more often at the request of the City Representative. Each vehicle inventory shall be accompanied by a certification signed by Contractor that all collection vehicles meet the requirements of this Agreement. 15.16 Reserve Equipment. The Contractor shall have available to it, at all times, reserve collection equipment which can be put into service and operation in the event the disabled vehicle cannot return to service that day. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. 15.17 Containers. 15.17.1 Carts. Carts may be new, existing or refurbished as of the Service Commencement Date, and are to be hot-stamped, embossed, or laminated, and in-molded with the type of materials to be collected (i.e., Solid Waste, Organic Waste, Recyclable Materials). In-molding on the Carts shall be on the lids. Contractor's name and/or logo shall be included on the body of Carts. Labeling and graphics of the Carts shall be approved by the City. 15.17.2 Bins. Bins may be new, existing, or refurbished at the start of the Agreement. Bins are to be painted and be labeled with either the type of materials to be collected (i.e., Solid Waste, Organic Waste, Recyclable Materials) or the type of material prohibited from being disposed in the Bin. 15.17.3 Roll-offs. Roll-off containers may be used, provided they are newly painted, properly marked and in good working order. The City retains the right to Page 54 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 473 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. inspect any such used Roll-off and direct the Contractor to replace such a used Roll-off if it is deemed to be not acceptable. 15.17.4 Purchase and Distribution of Carts and Bins. The Contractor shall be responsible for the purchase and distribution of fully assembled and functional Carts and Bins to Service Units in the Service Area throughout the term of this agreement. Contractor shall also distribute Carts and Bins to new Service Units that are added to Contractor's service area during the Term of this Agreement as required. The delivery of containers shall be completed within five (5)Work Days. 15.17.5 Replacement of Carts and Bins. Contractor's employees shall take care to prevent damage to Carts or Bins by unnecessary rough treatment. However, any Cart or Bin damaged by the Contractor shall be replaced by the Contractor, at the Contractor's expense, within five (5) Work Days at no cost or inconvenience to the Service Recipient. a) Upon notification to the Contractor by the City or a Service Recipient that the Service Recipient's Cart(s) and Bin(s) have been stolen or damaged beyond repair through no fault of the Contractor, the Contractor shall deliver a replacement Cart(s) and Bin(s) to such Service Recipient within five (5) Work Days. The Contractor shall maintain records documenting all Cart and Bin replacements occurring on a monthly basis. b) Where such Cart is lost, stolen or damaged beyond repair through no fault of the Contractor, each SFD Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart, one (1) lost, destroyed, or stolen Recyclable Materials Cart, and one (1) lost, destroyed, or stolen Organic Waste Cart, during each of the ten (10) Agreement Years at no cost to the Service Unit. C) Where such Cart or Bin is lost, stolen or damaged beyond repair through no fault of the Contractor, each MFD Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart or Bin, one (1) lost, destroyed, or stolen Recyclable Materials Cart or Bin, and one (1) lost, destroyed, or stolen Organic Waste Cart or Bin during each of the ten (10) Agreement Years at no cost to the Service Unit. Page 55 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 474 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. d) Where such Cart or Bin is lost, stolen or damaged beyond repair through no fault of the Contractor, each Commercial and City Service Unit shall be entitled to the replacement of one (1) lost, destroyed, or stolen Solid Waste Cart or Bin, one (1) lost, destroyed, or stolen Recyclable Materials Cart or Bin, and one (1) lost, destroyed, or stolen Organic Waste Cart or Bin during each of the ten (10)Agreement Years at no cost to the Service Unit. e) Where such Bin or Cart replacement occurs through no fault of the Contractor, Contractor shall be compensated for the cost of those replacements in excess of the requirements set forth above in accordance with the "Cart or Bin" Service Rate, as appropriate, as initially set by the City or as may be adjusted by the City as provided under the terms of this Agreement. 15.17.6 Repair of Carts and Bins. Contractor shall be responsible for repair of Carts in the areas to include but not be limited to, hinged lids, wheels and axles. Within five (5) Work Days of notification by the City or a Service Recipient of the need for such repairs, the Contractor shall repair the Cart or Bin or if necessary, remove the Cart or Bin for repairs and deliver a replacement Cart or Bin to the Service Recipient. 15.17.7 Cart or Bin Exchange. Upon notification to the Contractor by the City or a Service Recipient that a change in the size or number of Carts or Bins is required, the Contractor shall deliver such Carts or Bins to such Service Recipient within seven calendar days to allow for the exchange to occur on the regular scheduled collection day. At no charge, each SFD, MFD, Commercial, and City Service Unit shall be entitled to receive one (1) Solid Waste Cart, Recyclable Materials, or Organic Waste Carts exchange, per Agreement Year during the term of this Agreement. Contractor shall be compensated for the cost exchanges in excess of one (1) per Agreement year, in accordance with the "Cart or Bin Exchange" service rate as Set forth in Exhibit 1. 15.17.8 Ownership of Carts, Bins and Roll-Off Containers. Ownership of Carts, Bins and Roll-Off Containers on the Service Commencement Date, and Carts, Bins and Roll-Off Containers distributed by the Contractor after April 1, 2016 shall rest with the Contractor. However, in the case of the termination of the Agreement prior to the expiration of the Term, or optional Term Extension, the City shall have the right to take possession of the Carts, Bins and Roll-Off Containers and shall retain such possession until satisfactory arrangements can be made to provide collection services using other equipment. Such time of Page 56 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 475 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. possession shall be limited to twelve months, and no monies will be owed to the Contractor from the City for the use of the equipment. Upon the receipt of written notice from the City, Contractor shall submit to the City Representative an inventory of Carts, Bins and Roll-Off Containers, including their locations. Section 16. Hiring of Displaced City Employees and Local Recruiting 16.1 CONTACTOR shall offer employment to all "qualified" Displaced City Employees and shall hire such Displaced City Employees if they timely accept the offer of employment. An applicant is deemed "qualified" where he or she has undergone and passed the Contractor's required standard pre-employment physical, background check and drug screening. Displaced City Employees shall be hired in accordance the following and the provisions of Exhibit 10. 16.1.1 Contractor shall maintain all Displaced City Employees at the same level of pay as was paid to the displaced employee by the City as of the Service Commencement Date. 16.1.2 Displaced City Employees will be eligible for annual reviews. 16.1.3 In determining the rate of accrual for paid vacation and sick days for Displaced City Employees, Contractor agrees to apply each Displaced City Employee's years of service with City as if they were years of service with Contractor. 16.1.4 Contractor shall pay a total of Five Hundred Thousand Dollars 500,000) as a hiring bonus distributed to Displaced City Employees who are hired by the Contractor within 30 days of Service Commencement Date. The allocation method for distributing the hiring bonus paid to Displaced City Employees will be determined by the City. 16.1.5 Contractor shall not discharge any Displaced City Employee hired by Contractor for at least one hundred eighty (180) days after the Service Commencement Date, except "for cause" as that term is defined in the employee personnel policies of Contractor effective as of the Effective Date of this Agreement. Thereafter, the continued employment of Displaced City Employees shall be under the terms and conditions established for all Contractor's workers in the particular classification. 16.2 Local Recruiting. Contractor's Human Resources Department will attempt to fill job openings with City residents through the following means: Page 57 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 476 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 16.2.1 All Contractor employees residing in the City will be advised of Contractor's job openings in advance of general postings and announcements and will be encouraged to refer friends and family residing in the City; 16.2.2 City publications will be included in any media job postings; 16.2.3 For special recruitments, Contractor will utilize a job fair; 16.2.4 Flyers and promotions for events sponsored by Contractor within the City will carry a message inviting residents to consider employment with Contractor; and, 16.2.5 When two or more equally qualified job candidates are considered for employment with Contractor in the City, preference will be shown to the candidate residing in the City. Section 17. Privacy 17.1 General. Contractor shall observe and protect the rights of privacy of Service Recipients. Information identifying individual Service Recipients, or the composition or contents of a Service Recipient's Solid Waste, Recyclable Materials, or Organic Waste shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the Service Recipient. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act, or preparing and distributing public awareness materials to Service Recipients. 17.2 Mailing Lists. Contractor shall not market or distribute mailing lists with the names and addresses of Service Recipients. 17.3 Privacy Rights Cumulative. The rights accorded Service Recipients pursuant to this Section shall be in addition to any other privacy rights accorded Service Recipients pursuant to federal or state law. Section 18. Service Exceptions; Hazardous Waste 18.1 Hazardous Waste Inspection, Diversion and Reporting. Contractor reserves the right and has the duty under law, to inspect Solid Waste put out for collection and to reject Solid Waste observed to be contaminated with Hazardous Waste. Should Contractor find or observe reportable quantities of Hazardous Waste put out for collection with Solid Waste, Contractor shall notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers and, if appropriate, the National Response Center, of reportable quantities of Page 58 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 477 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Hazardous Waste, found or observed in Solid Waste observed or collected anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on City property, including storm drains, streets or other public rights of way, Contractor shall notify the City Manager, or the City Manager's designee immediately. Section 19. Customer Service 19.1 Office Hours. Contractor must maintain an office accessible by a local or toll free telephone number each Business Day. 19.2 Service Recipient Calls. At Contractor's expense, its regular telephone numbers shall be listed in San Bernardino-area telephone directories under Contractor's name. Contractor shall maintain a telephone answering system capable of accepting at least ten (10) incoming calls at once. 19.3 Emergency/After Hours Telephone Number. 19.3.1 For City. Contractor will provide cell phone numbers and/or other required contact information to City Staff to be used in case of an emergency. These emergency numbers can be used outside normal business hours and will be kept confidential. 19.3.2 For Service Recipients. Contractor shall have an after-hours message center where customers can leave messages. Contractor will also provide and maintain a website where customers may leave messages by e-mail. Contractor will retrieve all voice and email messages the following business day. 19.4 Multilingual. Contractor shall at all times maintain the capability of responding to all telephone calls in English, Spanish and such other languages City reasonably determines to be necessary for communication with service recipients. 19.5 Customer Service and Complaint Logs. Contractor shall update customer records with any inquiries, service requests and complaints into a customer data base which shall be maintained in a manner that it is reasonably available for inspection and review by City upon request. All calls shall be logged in the account record. Contractor shall note the name and address of the complainant, the date and time of the complaint, the nature of the complaint, the name of the Contractor's employee taking the complaint, and the nature and date of Contractor's resolution of the complaint. Contractor shall inform all Service Recipients that all complaints shall be directed to Contractor. The Complaint Log shall be maintained on a computerized data base format. The Complaint Log shall be available for inspection and review by City upon request. Contractor shall Page 59 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 478 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. provide a summary of the Complaint Log to City monthly during the first (1S) year of service and then quarterly thereafter for the duration of the Term. 19.6 Response to Calls. Contractor will use its best efforts to answer all incoming calls within five (5) rings. Any call "on-hold" will be placed in a queue and answered in the order in which it was received. 19.7 Service Responses. City and Contractor agree that the protection of public health, safety and well-being require that service complaints be acted on promptly. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Service Recipient complaints. 19.7.1 Missed Pick-Ups. In the case of a complaint of a missed collection, Contractor shall make the collection no later than the following collection day 19.7.2 Other Complaints. Contractor will respond to all complaints from Service Recipients, other than missed-pickups, within one (1) Working Day of receiving the complaint. Section 20. Ownership of Solid Waste, Recyclable Materials, Organic Waste and Construction and Demolition Materials Ownership of Solid Waste, Organic Waste, and Recyclable Materials shall pass, by operation of law, to Contractor at such time as said materials are placed for collection in Containers for collection by Contractor. Ownership and the right to possession of Solid Waste, Recyclable Material, Organic Waste and Construction and Demolition Materials placed for collection shall transfer directly from the Service Recipient to Contractor, by operation of law and not by virtue of this Agreement. At no time does the City obtain any right of ownership or possession of Solid Waste or any Hazardous Waste illicitly placed for collection in a Solid Waste Container, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. Section 21. Customer Rates and Billing Procedures 21.1 Rates for Service. 21.1.1 Maximum Permitted Service Rates. Contractor shall not charge rates (or additional charges, fees, or penalties) in excess of the Maximum Permitted Service Rates specified on Exhibit 1 attached to this Agreement. 21.1.2 City Service Units. Contractor shall not charge or bill City for services to City Service Units, Street Sweeping, or abandoned waste Collection and Right- of-Way Clean-Ups. Page 60 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 479 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 21.1.3 Adjustments To Maximum Permitted Service Rates. The adjustments to Maximum Permissible Customer Rates shall be calculated as follows: a) Annual Adjustment. July 1, 2017, and each July 1St thereafter, Contractor may increase the Maximum Permitted Service Rates for all Service Recipients by CPI. Any City Approved Host Fees shall be considered as pass- through cost and added to the CPI adjustment to the Maximum Permitted Service Rates. Contractor shall send the proposed rate adjustment calculations and full rate schedule to the City Manager for review by March 1St of each Agreement year, or no adjustment shall be made for that Agreement Year. The City Manager shall respond to Contactor within thirty days (30) after receipt of Contractor's proposed changes to the Maximum Permitted Service Rates if the proposed percentage increase is calculated correctly in accordance with this Agreement. If the proposed Maximum Permitted Service Rates are correctly calculated, the new rates will be implemented by Contractor beginning July 1St of the Agreement Year. If the City Manager finds that Contractor's proposed changes to the Maximum Permitted Service Rates are not correctly calculated, Contactor shall have thirty days (30) days to correct and resubmit proposed changes to the Maximum Permitted Service Rates. If Contractor does not resubmit corrected Maximum Permitted Service Rates within 30 days of notice by the City Manager, no adjustment to the rates shall be made. b) Maximum Annual Increase. In no event may the increase in Maximum Permissible Service Rates increase by more than five percent (5%) during any July 1St — June 30th period regardless of the amount increase in the CPI. If, however, the changes to the CPI result in an increase above five percent (5%) or a negative number, any amount above five percent (5%) or below zero percent (0%), shall be carried forward or applied in subsequent years. C) Adjustment Due to Change In Law. As used herein, "Change in Law" means the enactment, issuance, adoption, repeal, Page 61 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 480 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. amendment or modification of any federal, state or local statute, ordinance or regulation, or a regulatory agency or other administrative agency interpreting a regulation or statute, or a judicial decision interpreting a law, statute, ordinance or regulation, in a manner different than relied upon by municipalities and the solid waste and collection industry. Contractor may adjust the Maximum Permissible Service Rates by an amount equal to the increase or incremental increase, as the case may be, in the costs (i.e. on any direct or indirect cost, whether fixed or variable) of Contractor's provision of services under this Agreement that are caused by the Change in Law and that have been demonstrated to the City Council. d) The City Council shall not unreasonably refuse to approve rate adjustments, nor shall the City Council unreasonably delay review and approve of any such adjustment. 21.1.4 Rounding. Calculation of rates and determination of any annual adjustments shall be made only in units of one cent ($0.01) and shall not result in a decrease to the rates currently in effect. Fractions of less than one cent 0.01) shall not be considered in making adjustments. The indices shall be truncated at four(4) decimal places for the adjustment calculations. 21.2 Contractor Billing. The Contractor shall be solely responsible for the billing and collection of payments for all Integrated Solid Waste Collection, Processing and Disposal Services to Service Recipients, except as provided in the Transition Plan. The City's Representative may review the initial format for all Service Recipient bills. 21.3 Partial Month Service. If, during a month, a Service Unit is added to or deleted from Contractor's service area, the Contractor's billing shall be pro-rated based on the daily rate (monthly rate multiplied by 12 months and then divided by 365 days). The daily rate is assessed for the actual number of days the account was serviced. 21.4 Production of Invoices for Service Units Utilizing Cart Service. The Contractor shall produce an invoice for Service Recipients utilizing Carts received under this Agreement bi-monthly in arrears. The Contractor's invoice shall be remitted to the Service Recipient no earlier than the last day of the 2nd month of the period for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. Contractor shall provide notice to affected customers of a proposed rate increase one full billing cycle in advance of implementing the rate increase. Where the exact amount of the increase proposed is not known a billing cycle in advance, Contractor may satisfy this requirement by referring to a measure by which Page 62 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 481 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the rate will increase (e.g. by reference to the CPI or by reference to an increase caused by a Change in Law). 21.5 Production of Invoices for Service Units Utilizing Bin Service. The Contractor shall produce an invoice for Service Recipients utilizing Bins received under this Agreement in arrears but no fewer than twelve (12) times per year. The Contractor may invoice the Service Recipient no earlier than the last day of the month for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. 21.6 Production of Invoices for Roll-off Collection Service. The Contractor shall produce an invoice for Roll-off collection services received under this Agreement in arrears for services during the prior month. The Contractor may invoice the Service Recipient no earlier than the last day of the month for which service is being billed. The payment due date will be the 15th day of the month following the close of the billing period. 21.7 Production of Invoices for Temporary Bin or Roll-off Collection Service. The Contractor may bill for temporary Bin or Roll-off Collection Services in advance on a Cash on Delivery basis (COD), or another billing arrangement mutually agreed on between Contractor and Service Recipient requesting Temporary Bin or Roll-off Collection Service. Contractor may also bill for collected tonnage in arrears based on the actual weight of materials by material type. 21.8 City Provided Billing Inserts. City may provide educational and other material to Contractor for inclusion in the invoices mailed by Contractor to SFD, MFD and Commercial Service Units for collection services. Contractor shall not charge the City for the inclusion of additional educational or other materials in the invoices provided the inclusion of such City requested materials does not exceed the cost for standard postage for any mailing. City shall be responsible for the additional postage costs if applicable. 21.9 Methods of Payment. Contractor shall provide the means for Service Recipients to pay bills through the following methods: cash, checks, credit cards, internet payment service or automatic withdrawal from bank account. On-line (E-Pay) bill methods shall be password protected and comply with federal regulations protecting the privacy of customer credit information. Contractor shall provide evidence of such security certifications and advise the City of Contractor's security measures implemented for on- line payment. 21.10 Remitting Receivables. Contractor shall remit to City any payments received from service units for services provided by City prior to the Service Commencement Date, and City shall remit to Contractor any payments received from service units for Page 63 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 482 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. services provided by Contractor after the Service Commencement Date. Such remittance shall be made within fifteen (15)days of receipt of payment. 21.11 Delinquent Service Accounts. 21.11.1 Residential Accounts. Contractor agrees not to discontinue service to residential SFD and MFD (5 or fewer units) cart customers. Contractor may recover any and all payments in accordance with Section 21.11.3 below. 21.11.2 Commercial Accounts. Contractor agrees to not permanently discontinue service to a commercial or Roll-off customer for non-payment. Contractor may temporarily suspend services for maximum of fourteen calendar days if customer's account has been delinquent in payment for a period of at least forty-five (45) days. If Contractor temporarily suspends service to any non- paying person, corporation or entity, such person, corporation, or entity as a condition precedent to re-establishment of regular service, shall comply fully with all of the then billing policies and practices of the Contractor, including, but not limited to, requirement of payment by cash or cash equivalent, prepayment of one full billing cycle, a security deposit, payment of all costs of collection of monies owed to Contractor, and payment of a reinstatement fee. In addition, delinquent accounts shall be charged a 1.5% monthly late fee. If the Contractor temporarily suspends service for non-payment of the customer's account, Contractor shall, upon City request, give written notice to the City Manager of any suspension of service for nonpayment of account, giving the name and address of the customer(s). If payment is not received after the temporary suspension of services, Contractor shall resume regular services and shall be entitled to recover any and all payments in accordance with Section 21.11.3 below. 21.11.3 Non-Payment. Customers (Property owners or tenants)who have not remitted required payment within forty-five (45) days after the date of billing shall be notified by Contractor on forms that contain a statement that if payment is not received within fifteen (15) days from the date of the notice, the delinquent and unpaid charges, including a 10% penalty and 1.5% monthly interest, as well as all direct and indirect costs incurred by City and Contractor may be placed on the San Bernardino County annual secured property tax rolls and that any amount owing would then become a lien on the property. Contractor shall provide such notice to customers as is legally required, including notification via U.S. Mail to the current billing address on file. The City agrees to annually levy delinquent charges for the prior calendar year for collection with property taxes. The parties intend that while the City will elect in accordance with State Law to place delinquent and unpaid solid waste assessments on the secured property tax rolls, Contractor understands and agrees that the City has no obligation to Page 64 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 483 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. foreclose on any tax bill. Contractor shall pay all fees charged by San Bernardino County in connection with the establishment of this secured tax roll billing and collection program and shall pay all direct and indirect costs incurred by the City in processing delinquent and unpaid assessments through the secured property tax roll procedure. Section 22. Contractor's Books and Records; Audits 22.1 Contractor shall maintain all records relating to the services provided hereunder, including, but not limited to, all costs of collection and disposal, customer lists, billing records, maps, records substantiating the information furnished by Contractor to City pursuant to Section 24 of this Agreement and Service Recipient complaints for the period during which collection services are to be provided pursuant to this Agreement and an additional period of not less than three years, or any longer period required by law. The City shall have the right, upon fifteen business days advance notice, to inspect, copy and audit all records relating to this Agreement, including, but not limited to, Service Recipient lists, billing records, maps, and customer complaints. Such records shall be made available to City at Contractor's regular place of business, or other place agreed to by City and Contractor, within the County of San Bernardino. 22.2 Should any examination or audit of Contractor records reveal an underpayment of any payment required to be paid to City under this Agreement, the amount of such underpayment, plus interest at the maximum rate permitted under California law, shall become due and payable to City not later than thirty days after written notice of such underpayment is provided to Contractor by City. Should an underpayment of more than five percent (5%) be discovered, Contractor shall bear the entire cost of the examination or audit. Section 23. Integrated Waste Management Act; Reporting Requirements 23.1 Contractor-City Cooperation. Contractor shall cooperate with City in Solid Waste Disposal Characterization Studies and waste stream audits and shall implement measures adequate to achieve the diversion goals set forth in this Agreement. (See also Section 5, and Section 30.3 below.) During the Term of this Agreement, Contractor, at no expense to City, shall submit to City all relevant information and reports required to meet the reporting obligations imposed by CalRecycle under the Act, as amended. Contractor agrees to submit such reports and information by email or on computer discs, in a format acceptable to City at no additional charge, if requested by City. 23.2 Change in AB 939, RCRA, CERCLA and Related Laws. This Agreement is part of City's efforts to comply with the provisions of the Act as it may be amended and Page 65 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 484 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. as implemented by the regulations of CalRecycle, or its successor agency, as they may be amended, and the City's Source Reduction and Recycling Component, as it may be amended. In the event that the Act or other state or federal laws (including, but not limited to CERCLA and RCRA) or regulations enacted or amended after this Agreement has been executed, prevent or preclude compliance with one or more provisions of this Agreement, or significantly increase or decrease Contractor costs, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 23.3 Changes in Other Laws. In the case of changes in the laws other than amendments to the Act, which increase or decrease the cost of Contractor's service, Contractor or City may seek a rate increase or decrease to reflect the increase or decrease in costs directly attributable to the amended or newly enacted provision of law or regulations, specifying, in writing, the law to which the additional costs or savings are attributed, and how they would result in increased costs. City Council must approve any changes in the Maximum Permitted Service Rates resulting from any Change in Law. Section 24. Activities and Financial Reports; Adverse Information 24.1 Reports. Contractor, at no additional expense, shall submit to the City such information or reports in such forms and at such times as the City reasonably may request or require, including, but not limited to the following, submitted not less often than as indicated: 24.1.1 Format and Type of Reports. Reports shall be submitted to City, transmitted in a format acceptable to City, as an attachment to e-mail. The following reports shall be submitted to City Monthly until the first anniversary of the Service Commencement Date and then Quarterly thereafter. Reports shall include the following: a) Summary of Contractor Payments to the City. A summary of all payments made to the City under this Agreement for the reporting period. b) Summary of Contractor Gross Receipts Received. A summary of all Contractor Gross Receipts received for services provided under the terms of this Agreement broken down by Residential, Commercial and Construction and Demolition Services. C) Disposal and Diversion Summary. A summary table showing the total tonnage of Solid Waste, Recyclable Materials, Organic Waste, Construction and Demolition Materials, Bulky Waste Page 66 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 485 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. collected, processed or disposed, and the percentage of total diversion achieved as measured in accordance with Section 5.1.2 for each month during the reporting period. d) Solid Waste Data. 1) The report shall show (a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units and (b) the total Solid Waste tonnage delivered to Disposal Facilities. 2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period e) Recyclable Materials Data. 1) The report shall show (a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units, (b) the tonnage delivered to Material Recovery Facilities (c) total tonnage by type of Recyclable Materials processed and marketed during each month and (d) total tonnage of Recyclable Materials' residual disposed at landfill, and (e) the revenue received from the sale of recyclables minus the cost for processing the Recyclable Materials and residual disposal. 2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. 3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent Scavenging. A report of recycling program promotional activities, including materials distributed by Contractor to its Service Recipients. f)Organic Waste Data. 1) The report shall show (a) the number of tons collected each month broken down by Residential, Commercial, and City Service Units, (b) the tonnage delivered to Organic Waste Processing Facilities, (c) total tonnage by type of Organic Waste processed and marketed during each month, and (d)total tonnage of Organic Wastes residual disposed at the disposal facility. Page 67 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 486 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable period. g) Street Sweeping Data. The quarterly report shall show the total curb miles swept, gallons of water used, and tonnage of street sweeping fines collected and taken to a Disposal Facility or Organic Waste Processing Facility. h) Bulky Waste Data. The number of Bulky Waste collections made, the tonnage delivered to the disposal facilities used for processing or disposal of Bulky Waste. i)Construction and Demolition Materials Data. 1) The total tonnage of C&D collections made, the type of C&D Materials collected, and the facilities used for processing or disposal of C&D Materials. j)Local Purchase Preference Program Data. The dollar value, of purchases made from businesses that are located within the City. k) Service Complaints. A summary of the type, number and disposition of complaints received during the reporting period. A copy of the customer complaint log may, upon City request, be submitted with the report not later than fifteen days after the close of the reporting period. 1)Certification. Contractor will provide a certification statement, to the best of their knowledge the report is true and correct. 24.2 Annual Report. By March 1st, beginning in 2017 and each year thereafter that collection services are provided pursuant to this Agreement, Contractor shall submit to City a written year-end Annual Report in a form approved by the City. The Annual Report shall include the following information for the year ending on the preceding December 3151 24.2.1 General Information. General information about Contractor, including a list of Contractor's officers and members of its board of directors. 24.2.2 Prior Year's Activities. A cumulative summary of the Quarterly Reports and information and statistics with respect to City's compliance with AB 341, AB 939, AB 1594, and AB 1826. Page 68 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 487 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 24.2.3 Account Service Data. A table summary of the total number Residential, Commercial, Roll-off and City Service Units. The summary shall also show the net change in Service Units both as compared to the number of Service Units as of the Service Commencement Date and as compared to the prior Agreement Year. City recognizes that the data used to determine Service Date Commencement information will be generated in conjunction with City data bases. Contractor will work with the City to provide this information in a timely basis in order to comply with this initial reporting requirement. 24.2.4 Vehicle and Container Replacement Data. a) The number, type, fuel type used and date placed in service of new collection vehicles purchased to service in the City. b) The number, type, fuel type used and date returned to service of used collection vehicles refurbished to provide service within the City. C) The number, type, fuel type used, date removed from service of collection vehicles permanently removed from providing service within the City. d) The total number and type of new containers placed in service during the prior year of service. 24.2.5 Recommendations. Changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element or this Agreement, based on developments in applicable law or technology. Contractor's recommendations with respect to compliance with AB 341, AB 939, AB 1594, and AB 1826 and shall state the specific requirement that the implementation of the recommendation is intended to satisfy. 24.3 Reporting Additional Matters. Contractor shall provide to the City Manager all correspondence, reports, pleadings, applications, notifications, notices of violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, CalRecycle, or its successor agency, the California Department of Toxic Substances Control, or its successor, the Fair Political Practices Commission, the cognizant Local Enforcement Agency, or its successor, the Securities and Exchange Commission or any other federal, state or county agency, including any federal or state court. Copies shall Page 69 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 488 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. be submitted to City within a reasonable time subsequent to Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City upon written request. 24.4 Submission of Reports. Reports shall be submitted to: Director of Public Works City of San Bernardino 300 North "D" Street, 5`h Floor San Bernardino, CA 92418 24.5 Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement; provided, that the City must follow the dispute resolution provisions of Section 28 of this Agreement before declaring any material breach. 24.6 Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Contractor 24.7 City's Right to Request Information. The City believes and Contractor agrees that cooperation between City and Contractor is critical to the success of this program. City reserves the right to request, and Contractor agrees to provide, additional information reasonably and directly pertaining to this Agreement on an "as-needed" basis. 24.8 CERCLA Defense Records. City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where its Solid Waste was taken, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems, which can establish where Solid Waste collected in the City was landfilled (and therefore establish where it was not landfilled) and a copy or summary of the landfill disposal reports required by Section 24 for twenty (20) years after the term during which collection services are to be provided pursuant to this Agreement and to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. Page 70 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 489 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 25. Indemnification and Insurance 25.1 Indemnification re Certain Challenges to Agreement. Contractor, upon demand of the City, made by and through the City Attorney, shall indemnify, hold harmless, protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Materials", asserting rights under the dormant Commerce Clause or any other federal or state law, including, but not limited to the anti-trust laws with respect to the provision of Integrated Solid Waste Collection, Processing and Disposal Services in the City, and challenges to the certification or implementation, imposition, adjustment or collection of any rate, interest, penalty or other fee under the Agreement. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. City and Contractor agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and Contractor agree to appeal, or to oppose any appeal, City and Contractor agree to share equally the costs of appeals. Should either City or Contractor decide to appeal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. 25.1.1 Mutual Defense Regarding Certain Challenges to Agreement. In the event this Agreement, its approval, or its implementation, or the limits of City's authority with respect to the grant of the Franchise is challenged on the basis that it, or any of the payments made by Contractor to City, whether individually or collectively, is invalid or is otherwise contrary to the law as an impermissible general tax, special tax, assessment, or fee requiring compliance with any provision of Article XIII of the California Constitution, the various enabling and implementing statutes related to that Article, or any of the judicial decisions interpreting that Article and the enabling and implementing statutes, the Parties agree to conduct a joint and coordinated defense of such action making collective decisions regarding litigation strategy including decisions regarding motions, discovery, settlement, and trial. Each Parties agrees to bear its own costs of defense and shall have the right to choice their own independent legal counsel, provided that nothing herein prohibits the Parties from agreeing to retain one or more legal counsel to jointly represent and defend the Parties. In the event of an adverse legal determination or settlement of such action, the parties agree to cooperate and work in good faith to prepare such amendments or alternatives to the Agreement that will implement the original intent of the Parties while complying with any adverse legal determination or settlement. Page 71 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 490 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 25.2 Environmental Indemnification and Compliance. Contractor shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste (including Household Hazardous Waste and Universal Waste) in any Solid Waste, Recyclable Material or Organic Waste collected by Contractor pursuant to this Agreement, which is or has been transported, transferred, processed, stored, disposed of or which has otherwise come to be located by Contractor, or its activities pursuant to this Agreement result in a release of a Hazardous Waste (including Household Hazardous Waste and Universal Waste)into the environment. 25.3 General Indemnification. Except in those cases when this Agreement requires City to indemnity, defend and hold harmless Contractor and it officers, employees and agents, Contractor further agrees to indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all losses, liabilities, claims, actual damages (including but not limited to special and consequential damages), demands, debts, liens, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any act or omission of Contractor or its officer, employees or agents in the performance or failure to perform the services required under this Agreement, and/or failure by Contractor to fully comply with all applicable laws and regulations with respect to the operation of its collection vehicles, including, but not limited to applicable rules governing clean-burning and alternative fuel vehicles. 25.4 Effect of Environmental Indemnification. This indemnity is intended to operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Page 72 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 491 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Response, Compensation and Liability Act, "CERCLA," 42 U.S.C. § 9607(e), and California Health and Safety Code § 25364, to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, RCRA, other statutes or common law for any and all matters addressed in paragraph B. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. 25.5 Prospective Application of Indemnities. The indemnities and obligations to protect, defend and hold harmless provided by Contractor to City under Sections 25.1, 25.2, 25.3, and 25.4 are prospective to the Effective Date of this Agreement. The indemnities and obligations to protect, defend and hold harmless City shall not be interpreted to apply to City's own acts and omissions in the provision of Comprehensive Solid Waste Service but solely to the acts and omissions of Contractor, its owners, directors, officers, agents and employees. 25.6 Compliance with Laws. Contractor warrants that it will comply with all applicable laws and implementing regulations, as they may be amended, specifically including, but not limited to RCRA, CERCLA, AB 341, AB 575, AB 939, AB 1594, AB 1826, SB 20, and SB 50, and all other applicable laws and regulations of the U.S. Environmental Protection Agency, the State of California, the County of San Bernardino, the California Air Resources Board, CalRecycle, the California Department of Toxic Substances Control, ordinances of the City and the requirements of Local Enforcement Agencies and all other agencies with jurisdiction. 25.7 Workers' Compensation Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses that arise from work performed by the named insured for the City. 25.8 Liability and Vehicle Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire Term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy (form CG 0001) and an Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 any auto) policy with minimum limits of Twenty Million Dollars ($20,000,000) aggregate and Five Million Dollars ($5,000,000) per occurrence, per year. Said insurance shall protect Contractor and City from any claims for damages for bodily Page 73 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 492 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. injury, including accidental death, as well as from any claims for property damage which may arise from this Agreement. Copies of the policies and endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. 25.9 Required Language In Policies. The following language is required to be made a part of all of the insurance policies (except for Workers Compensation Insurance) required by this Section: The City of San Bernardino, its employees, agents, franchisees and officers, are hereby added as additional insured's as respects to liability arising out of activities performed by or on behalf of Contractor "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." 25.10 Pollution and/or Environmental Impairment Liability Insurance. Contractor shall obtain and maintain in full force and effect for the entire Term of this Agreement, a Pollution and/or Environmental Impairment Liability policy covering liability arising from the release of Hazardous Waste, or other contaminants, pollutants or irritants with minimum limits of Six Million Dollars ($6,000,000) aggregate and Six Million Dollars 6,000,000) per occurrence, per year. Contractor shall ensure that such coverage shall automatically broaden in its form of coverage to include legislated changes in the definition of Hazardous Waste. The policy shall stipulate that this insurance is primary and no other insurance carried by City will be called upon to contribute to a loss suffered by Contractor hereunder and shall waive subrogation against City and other additional insureds. 25.11 Required Rating. The insurance required by this Agreement shall be with insurers which are Best A: VII-rated and which are California-admitted. The limits of such insurance coverage, and companies, shall be subject to review and approval by the City's Risk Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies. The insurance required by this Agreement is in addition to and not in lieu or limitation of the indemnification provisions in Section 25.1, 25.2, 25.3 and 25.4 above. 25.12 Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Contractor shall file copies of Page 74 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 493 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the policies or executed endorsements evidencing the above required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to maintain copies of insurance policies required pursuant to this Agreement for seven (7 years) after the end of the term during which collection services were provided pursuant to this Agreement. Contractor shall notify City's Risk Manager and City Attorney before destroying copies of such policies. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. 25.13 Self-insurance. To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California. 25.14 Reduction of CERCLA and Other Liability. City and Contractor agree to meet annually in the fourth calendar quarter of each year to discuss ways to reduce potential CERCLA and other liabilities to third parties. Section 26. Performance Bonds Concurrent with the execution of this Agreement, Contractor shall deposit with City a Performance Bond or an irrevocable letter of credit or other such document (Performance Bond), from an institution satisfactory to City, in a form satisfactory to City's Risk Manager and City Attorney, evidencing an irrevocable commitment to City guaranteeing Contractor's faithful performance of the terms of this Agreement. The amount of the Performance Bond shall be Four Millions Dollars ($4,000,000) during the first Agreement Year, and shall be Two Million Dollars ($2,000,000) each year thereafter for the term of this Agreement. Such Performance Bond shall be maintained in effect throughout the period during which collection services are to be provided pursuant to this Agreement. 26.1 Upon Contractor's failure to pay the City an amount owing under this Agreement, the Performance Bond may be assessed by the City, for purposes including, but not limited to: 26.1.1 Failure of Contractor to pay the City sums due under the terms of the Agreement; 26.1.2 Reimbursement of costs borne by the City to correct breaches not corrected by Contractor, after due notice; 26.1.3 Monetary remedies or damages assessed against Contractor due to breach of this Agreement; or 26.1.4 To satisfy an order of the referee Page 75 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 494 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 26.2 Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Performance Bond to the original amount within thirty days after notice from the City that any amount has been withdrawn from the Performance Bond. 26.3 All of City's costs of collection and enforcement of the provisions relating to the Performance Bond called for by this Section, including City's attorneys' fees and costs, shall be paid by Contractor Section 27. Emergency Service 27.1 Should Contractor, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 33.1, "Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the Solid Waste which it is obligated under this Agreement to collect, and as a result, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the exercise of the City Manager's sole discretion, should find that such accumulation results in any imminent and substantial threat to the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Contractor during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or all Solid Waste which Contractor would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute Solid Waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement. See also Section 33.1, below. 27.2 Contractor shall assist City in the event of terrorist attack or major disaster, such as an earthquake, storm, tsunami, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at Contractor's actual costs. Disputes with respect to Contractor's emergency services or the costs of those services shall be resolved according to the dispute resolution provisions of Section 28 and Section 29 of this Agreement. Contractor shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally-declared state of emergency or disaster or terrorist attack as to which Contractor has provided equipment and drivers pursuant to this Agreement. Page 76 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 495 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 28. Administrative Remedies; Imposition of Damages; Termination 28.1 Notice; Response; Resolution; Appeal. 28.1.1 Notice of Deficiencies; Response. If City's Representative determines that Contractor's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, the City Representative may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The City Representative, in any written notification of deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Contractor shall correct any deficiencies it agrees have occurred and in any event shall respond to the written notification of deficiencies within thirty days from the receipt by Contractor of such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time. 28.1.2 Review by City Representative; Notice of Appeal. a) The City Representative shall review any written response from Contractor and decide the matter. If the City Representative's decision is adverse to Contractor, the City Representative may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Representative determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The City Representative shall promptly inform Contractor of the City Representative's decision. In the event the decision is adverse to Contractor, the City Representative shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Representative's decision and any remedial action taken or ordered. An adverse decision by the City Representative shall be final and conclusive unless Contractor files a "Notice of Appeal" with the City Clerk (with copies to the Page 77 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 496 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. City Manager and City Attorney) within 30 days of receipt of the notification of the adverse decision by the City Representative. b) In any "Notice of Appeal" Contractor shall state its factual contentions and include all relevant affidavits, documents, photographs and videotapes which Contractor desires to have considered by City. In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. 28.1.3 Review by City Manager; Appeal. a) Within thirty days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's decision is adverse to Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Performance Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with Section 28.2 and Section 28.3, below. The City Manager shall promptly inform Contractor of the City Manager's decision. In the event the City Manager's decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. b) An adverse decision by the City Manager shall be final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis, the evidence relied on and all legal contentions that Contractor may choose to submit. No new evidence not previously submitted in accordance with Section 28.1.2b) may be submitted. Page 78 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 497 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 28.2 City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor, the City Council will set the matter for an administrative hearing and act on the matter. The City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following: 28.2.1 A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options; 28.2.2 The City Representative's written Notification of Deficiencies; 28.2.3 Contractor's response to the Notification of Deficiencies; 28.2.4 The City Representative's written notification to Contractor of adverse decision; 28.2.5 Contractor's Notice of Appeal to the City Manager; 28.2.6 The City Manager's written notification to Contractor of adverse decision; and 28.2.7 Contractor's Notice of Appeal to the City Council. No new legal issues may be raised, nor may new evidence be submitted by Contractor at this or at any further point in the proceedings, absent a showing of good cause. Contractor's representatives and other interested persons shall have a reasonable opportunity to be heard. 28.3 City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. If, based upon the administrative record, the City Council determines that Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor's performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor's performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive unless Contractor files a "Notice of Appeal to Referee" with the City Clerk (and serves copies, by mail, on Page 79 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 498 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the City Manager and the City Attorney) within 10 business days of receipt of the decision or order of the City Council. With the exception of draws on the Performance Bond, the execution of City's remedies shall be stayed until Contractor has exhausted its appeals under Section 28 and Section 29 of this Agreement. 28.4 Notice of Appeal to Referee. Except as otherwise provided in this Agreement, Contractor may appeal any decision, order or action by the City Council or City Manager under this Section 28, as provided in Section 29, below, by filing a Notice of Appeal to Referee with the City Clerk within ten business days of receipt of the decision by the City Manager or City Council and following the procedures set forth in Section 29, below. In the case of a rate adjustment request made pursuant to Section 21, but not approved by the City, Contractor's sole remedy shall be as specified in Section 21. 28.5 Reservation of Rights by City. City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 28.5.1 If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement provided that City has provided Contractor with written notice of the alleged fraud or deceit and afforded Contractor a reasonable opportunity to refute and defend itself against such charge or claim; 28.5.2 If Contractor is convicted of, or pleads guilty, no contest, or nolo contender to a felony related to this Agreement. 28.5.3 As used in this Section, the term "Contractor" shall mean only the following: (a) the owner(s) of Contractor (whether shareholders, partners, or otherwise), (b) the members of Contractor's Board of Directors; and (c) Contractor's President, Chief Executive Officer, Chief Financial Officer, Chief Operations Officer, and/or the Secretary. 28.6 Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement. Section 29. Referral to Referee; Hearing Procedures Either party to this Agreement at any time after exhaustion of administrative remedies, and following the appeal procedure set forth in Section 28, if applicable, may refer a disputed matter for resolution under this Section 29 in the following manner. 29.1 Applicability. If either the City Manager or the City Council refers a matter to a referee, or Contractor appeals or refers a matter to a referee, the provisions of this Page 80 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 499 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section shall apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this Agreement. 29.2 Reference of Dispute. Any dispute seeking damages and any dispute seeking equitable relief, such as but not limited to specific enforcement of any provision hereof, shall be heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638-645.1. The venue of any proceeding hereunder shall be in San Bernardino County, California. 29.2.1 Procedure for Appointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall apply to the Judicial Arbitration and Mediation Service ("JAMS") of San Bernardino County to nominate a minimum of five prospective referees. If the parties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with City, shall alternate in striking one prospective referee at a time until only one referee remains. 29.2.2 Ex Parte Communications Prohibited. Neither party may communicate separately with the referee after the referee has been selected. All subsequent communications between a party and a referee shall be delivered simultaneously to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance or to confidential mediation or settlement briefs that the parties have agreed to submit to the referee. 29.2.3 Cooperation. The parties shall cooperate diligently with one another and the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of the dispute. If either party refuses to cooperate diligently, and the other party, after first giving notice of its intent to rely on the provisions of this Section 29, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs expenses or attorney's fees and costs as a result of the other party's violation of Code of Civil Procedure 128.5, the referee may award such additional expenses and attorneys' fee to the party giving such notice, even if such party is not the prevailing party in the dispute. 29.2.4 Discovery. The referee shall set a discovery schedule and shall schedule the matter for hearing within 60 days of filing, unless City and Contractor agree otherwise, or unless the referee shall determine otherwise. Any party to the hearing may issue a request to compel reasonable document production from the Page 81 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 500 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. other party, subject to the limitations of Section 22, limiting evidence to the administrative record. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of a document request, then by disposition by order of the referee. Any document request shall be subject to the proprietary rights and rights of privilege of the parties, and the referee shall adopt procedures to protect such rights. Except as may be agreed by the parties, or ordered by the referee, no other form of discovery shall be available to the parties. 29.2.5 Standards for Decision. The provisions of California Code of Civil Procedure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute resolution by a referee hereunder. In an effort to clarify and amplify the provisions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and California Rules of Court, Rule 232. The referee shall try and decide the dispute according to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary. 29.2.6 Evidence and Findings. The referee shall consider the administrative record, including the Notice of Deficiencies, Contractor's response to the Notice of Deficiencies, the decision of the City Representative, the Notice of Appeal, the decision of the City Manager, the Notice of Appeal to the City Council, and the decision of the City Council, in addition to other relevant evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth proposed findings of fact and conclusions of law, to counsel for the Parties, for comment. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision. 29.2.7 Remedial Authority. A referee to whom a matter is referred shall have the authority to (i) order either party to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent with the terms of this Agreement or(iii)find there has been no breach. 29.2.8 Stay Pending Entry of Final Judgment. Except as provided in Section 26.3 with respect to draws on a Performance Bond, until final judgment is entered from the referee proceeding under the foregoing provisions and the time for appeal or other post judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in this Agreement and related Page 82 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 501 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. to the subject matter of the hearing shall be stayed. The referee may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification, or if the interests of justice so require. 29.2.9 Allocation of Referee's Costs. The referee's costs for the proceeding shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to recover reasonable costs of the referee as apportioned by the referee. If either party refuses to pay its share of the costs of the proceeding, at the time(s) required, the other party may do so, in which event that party will be entitled to recover(or offset)the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee shall include such costs in the judgment or award. 29.3 Decision. The decision of the referee may be excepted to in accordance with Code of Civil Procedure § 645. Section 30. City's Additional Remedies In addition to the remedies set forth above. City shall have the following rights: 30.1 Contracts with Others. The right to contract with others to perform the services otherwise to be performed by Contractor, in the event Contractor should be in material breach of its duties to provide those services, or is otherwise unable to provide the services addressed by this Agreement. 30.2 Damages and/or Injunctive Relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach. 30.3 City's Damages for Failure to Achieve Diversion Requirements. Contractor agrees that its failure to achieve the diversion requirements set forth in Section 5, arising from failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of Section 5.1.1 related to waste diversion, shall be a material breach of this Agreement. If CalRecycle, or its successor agency, were to impose administrative civil penalties against City, then the City's damages for Contractor's material breach in its failure to achieve the diversion goals for the City as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City. Page 83 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 502 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 30.4 Liquidated Damages. The parties further acknowledge that consistent and reliable collection service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City, and City's residents and businesses will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages. Therefore, in addition to City's right to treat such non-performance as a breach of this Agreement, the parties agree that the liquidated damages amount defined in this Section may represent reasonable estimates of the amount of such damages considering all of the circumstances existing on the effective date of this Agreement, including the relationship of the sums to the range of harm to City, customers and the community as a whole that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. 30.5 Procedure for Review of Liquidated Damages. If the City elects not to terminate this Agreement for breach, the City Representative may assess liquidated damages pursuant to this Section on a monthly basis. At the end of each month during the term of this Agreement, the City Representative shall issue a written notice to Contractor ("Notice of Assessment") of the liquidated damages assessed and the basis for each assessment. 30.5.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made. 30.5.2 The City Representative shall schedule a meeting between Contractor and the City Manager or the Manager's designee as soon as reasonably possible after timely receipt of Contractor's request. 30.5.3 The City Manager or the Manager's designee shall review Contractor's evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor. Page 84 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 503 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 30.5.4 In the event Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the City Representative's determination shall be final and Contractor shall submit payment to City no later than that tenth (10th) day 30.5.5 City's assessment or collection of liquidated damages shall not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor's failure to perform the work and services in the manner set forth in this Agreement. Contractor agrees to pay(as liquidated damages and not as penalty)the following amounts: LIQUIDATED DAMAGES Item Amount a. Failure or neglect to address each complaint by the $100 per incident per close of the next working day. Service Recipient. b. Failure to address concerns regarding maintaining the $100 per incident per collection equipment in a clean, and sanitary manner. day. C. Failure to have a vehicle operator properly licensed. $100 per incident per day. d. Failure to maintain office hours as required by this $100 per incident per Agreement. day. e. Failure to maintain or timely submit to City all $100 per incident per documents and reports required under the provisions day. of this Agreement. f. Failure to display Contractor's name and customer $100 per incident per service phone number on collection vehicles. day. g. Failure to collect a missed collection by close of the $100 per incident per next work day upon notice to Contractor. day. h. Failure to repair or replace damaged Carts or Bins $100 per incident per within the time required by this Agreement. day. i. Failure to deliver or exchange Carts or Bins within the $100 per incident per time required by this Agreement. day. j. Failure to meet vehicle noise requirements. 100 per incident per day. k. Failure to maintain collection hours as required by this $250 per incident per Agreement without prior City approval. day. Page 85 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 504 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. LIQUIDATED DAMAGES Item Amount I. Failure to offer and provide adequate facility $250 per incident per processing capacity of Recyclable Materials and day. Organic Waste. m. Failure to have field personnel in company/contractor $250 per incident per uniform. day. n. Failure to repair damage to customer property caused $500 per incident per by Contractor or its personnel. location. o. Failure to repair damage to City property caused by $500 per incident. Contractor or its personnel. p. Failure to clean up spillage or litter caused by $500 per incident per Contractor.location. q. Failure to properly cover materials in roll-off containers $500 per incident. during transport. r. Changing residential collection days without proper $500 per incident per notification to the City Representative. day. r. Commingling Solid Waste with Recyclable Materials, $500 per incident. with the exception of contaminated recyclables S. Disposal of Recyclable Materials or Organic Waste in $500 per load. the landfill without first obtaining the required permission of the City. t. Failure to deliver any collected materials to a non- $5,000 each failure. permitted Disposal Facility, Materials Recovery Facility, or Organic Waste Processing Facility, as appropriate, except as otherwise expressly provided in this Agreement. U. Commingling of materials collected inside and outside $1,000 per incident. the City of San Bernardino. V. Failure to meet and maintain minimum annual $50 per ton for each Diversion Guarantee for two consecutive years. ton under the minimum requirements. W. Failure to remove graffiti as specified in Section 6.10. $100 per Container per day. X. Failure to sweep a street after notification by City that $500 per block or lot. street had not been swept in accordance with established schedule or sweeping did not meet generally accepted industry standards for sweeping. Page 86 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 505 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Section 31. Billing Audit and Performance Reviews 31.1 Selection and Cost. The City may conduct billing audit and performance reviews reviews") of the Contractor's performance during the term of this Agreement, but not more often than one every 3 calendar years. The reviews, if performed, will be by a qualified firm under contract to the City. The City shall have the final responsibility for the selection of the firm but shall seek and accept comments and recommendations from the Contractor. The Contractor shall be responsible for the cost of one (1) review up to a maximum of Seventy Thousand Dollars ($70,000.00), with the exception of reviews required in accordance with Section 31.3, the cost for additional Billing Audits and Performance Reviews will be the responsibility of the City. 31.1.1 Purpose. The review shall be designed to verify that customer billing rates have been properly calculated and they correspond to the level of service received by the customer, verify that Franchise Fees, and other fees required under this Agreement have been properly calculated and paid to the City, verify Contractor's compliance with the reporting requirements and performance standards of the Collection Service Agreement, and verify the diversion percentages reported by the Contractor. The City (or its designated consultant) may utilize a variety of methods in the execution of the performance review and billing audit, including analysis of relevant documents, on-site and field observations, and interviews. The City (or its designated consultant) will review and document the items in the Agreement that require the Contractor to meet specific performance standards, submit information or reports, perform additional services, or document operating procedures, that can be objectively evaluated. This information will be formatted in a "compliance checklist" with supporting documentation and findings tracked for each of the identified items. The review will specifically include a determination of the Contractor's compliance with the diversion requirements of Section 5 and Exhibit 7, and the public outreach and education requirements of Section 14 and Exhibit 6. The City (or its designated consultant) may review the customer service functions and structure utilized by the Contractor. This may include the Contractor's protocol for addressing customer complaints and service interruption procedures. Complaint logs may be reviewed, along with procedures and systems for tracking and addressing complaints. On-site and field observations by the City (or its designated consultant) may include, but are not necessarily limited to: a) Interviews and discussions with Contractor's administration and management personnel; Page 87 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 506 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. b) Review and observation of Contractor's customer service functions and structure; C) Review of public education and outreach materials; d) Interviews and discussions with Contractor's financial and accounting personnel; e) Interviews with route dispatchers, field supervisors and managers; f)Interviews with route drivers; g) Interviews with vehicle maintenance staff and observation of maintenance practices; and h) Review of on-route collection services, including observation of driver performance and collection productivity and visual inspection of residential routes before and after collection to evaluate cart placement and cleanliness of streets 31.2 Contractor's Cooperation. Contractor shall cooperate fully with the review and provide all requested data, including operational data, financial data and other data requested by the City within thirty (30)Work Days. Failure of the Contractor to cooperate or provide the requested documents in the required time shall be considered an event of default. 31.3 Additional Contractor Paid Billinq Audit and Performance Review. In the event that the Billing Audit and Performance Review concludes that Contractor is not in compliance with all terms and conditions of this Agreement and such non-compliance is material, the City may conduct an Additional Billing Audit and Performance Review to ensure that Contractor has cured any such area of non-compliance. Contractor shall be responsible for the cost of any such Additional Billing Audit and Performance Review. 31.4 City Requested Program Review. The City reserves the right to require the Contractor to periodically conduct reviews of the SFD and MFD and Commercial collection programs to assess one or more of the following performance indicators: average volume of recyclable materials per setout per customer, average volume of organics per setout per customer, participation level, contamination levels, etc. Prior to the program evaluation review, City and Contractor shall meet and discuss the purpose of the review and agree on the method, scope, and date to be provided by the Contractor. Page 88 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 507 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 31.5 Cooperation with Other Program Reviews. If the City wants to collect program data, perform field work, conduct route audits to investigate customer participation levels and setout volumes and/or evaluate and monitor program results related to Solid Waste Recyclable Materials and Organic Waste collected in the City by the Contractor, the Contractor shall cooperate with the City or its agent(s). Contractor shall also cooperate with any waste generation studies conducted by the City or its agent(s). Section 32. Franchise Transfer; City Consent; Fees 32.1 Contractor may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collectively "Transfer'), this Agreement, the Franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or involuntarily, without the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of Contractor, except as provided in Section 32.3, below, any sale or other transfer or change in ownership or control of any of the capital stock or other capital or equity interests, or any sale or transfer of fifty percent (50%) or more of the value of the assets shall be deemed a Transfer of this Agreement, the Franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the Franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, may be voided. 32.2 The City will not unreasonably withhold its consent to a Transfer of the Franchise granted by this Agreement. The prospective transferee shall have the burden of demonstrating that it has the financial and technical ability to provide the services required under this Agreement. The City may also require the prospective transferee to demonstrate that it, and its officers and managers do not have criminal records for environmental or public integrity offenses. If the City gives its consent, it may impose conditions, including, without limitation, requiring acceptance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement. 32.3 Contractor's internal reorganization shall not constitute a Transfer provided that City consent to the reorganization is sought and received prior to any internal reorganization. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of Contractor, or by operation of law. Any request for an internal reorganization must be submitted in writing to the City Manager, no less than one hundred and twenty days prior to the proposed effective date of the internal reorganization. Contractor shall reimburse City for all of its costs to review Page 89 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 508 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. the request and to determine if it is an internal reorganization. City's expenses may include, but are not limited to, Staff, City Attorney's and Special Counsel's fees and costs and Accountants' fees and costs. Determination by the City Manager shall be final. Any attempt to implement an internal reorganization without the consent of City shall constitute a material breach of this Agreement. 32.4 Fees. Any application for a Franchise Transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of Five Hundred Thousand Dollars ($500,000) to cover the estimated cost of all direct and indirect expenses, including City staff, consultants' and attorneys' fees, incurred by City to adequately analyze the application and the qualifications of the prospective transferee. Any costs incurred by the City in excess of $500,000 shall be reimbursed by the Contractor prior to submission of the proposed transfer to the City Council. In the event that the City's costs are less than $500,000, City shall retain any unused monies. Section 33. General Provisions 33.1 Force Majeure. Contractor shall not be in breach of this Agreement in the event that the collection, transportation and/or disposal services of Contractor are interrupted temporarily or permanently for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of San Bernardino; acts of terrorists, sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Contractor "Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency where such failure occurs despite the exercise of reasonable diligence by Contractor In the event a labor disturbance interrupts collection and transportation of Solid Waste and/or disposal of Solid Waste by Contractor as required under this Agreement, City may elect to exercise its rights under Section 28 and Section 30 of this Agreement. Failure by City to exercise its rights under this Section shall not be deemed a waiver of its rights under Section 28.5 33.2 Extraordinary Circumstances. Notwithstanding any other term or provision hereof, nothing in this Agreement is intended, nor shall it be interpreted, to prevent or preclude Contractor from contacting City's officials, officers and representatives to request an amendment to, or other modification of, this Agreement due to the occurrence of an event or circumstance that substantially increases Contractor's cost of service, or otherwise substantially and negatively impacts Contractor's provision of services, under this Agreement. Page 90 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 509 City of San Bernardino Exclusive Franchise Agreement for integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 33.3 Independent Status. Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor nor an arrangement for the disposal of Hazardous Wastes. Neither Contractor nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits, which accrue, to City employees. 33.4 Pavement Damage. In the event where damage to City streets is caused by Contractor's equipment, Contractor shall be responsible for all repairs to return the street to the same condition prior to the street damage. Repairs shall be performed in a manner satisfactory to the City Representative and at no cost to the City. Disputes between Contractor and its Service Recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Contractor as matters within its sole responsibility and as a matter within the scope of this Agreement. 33.5 Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to City or private property shall be repaired or replaced by Contractor, at Contractor's sole expense. Except as provided in Section 25 above, this Agreement does not purport to relieve, diminish, reduce, create or increase in any way, Contractor's civil liability to any third parties. 33.6 Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts or choice of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District of California. 33.7 Fees and Gratuities. Contractor shall not permit any officer, agent or employee to request, solicit, or demand, either directly or indirectly, any gratuity for the collection of Solid Waste, Recyclable Materials, or Organic Waste otherwise required to be collected under this Agreement. 33.8 Amendments. Except as otherwise provided in this Agreement, no other amendment of this Agreement shall be valid unless in writing duly executed by the parties, approved by the City Council by written resolution. Purported oral amendments shall be void and of no force or effect. 33.9 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, and by email, addressed as follows: Page 91 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 510 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. To City: City Manager City of San Bernardino 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 Copy to: City Attorney City of San Bernardino 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 And to: Director of Public Works City of San Bernardino 300 N. "D" Street, 5th Floor San Bernardino, CA 92418 To Contractor: Cole Burr, President Burrtec Waste Industries, Inc. 9890 Cherry Ave Fontana, CA 92335 or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or sent by email, or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. 33.10 Savings Clause and Entirety. If any non-material provision of this Agreement for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. 33.11 Construction. The language in all part of this Agreement shall be in all cases construed simply according to the fair meaning thereof and not strictly for or against any of the Parties hereto. 33.12 Pubic Records. All information received by City concerning this Agreement, including the Agreement itself, may be treated as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. (the "Public Records Act'). The Parties understand that although all materials received in connection with this Agreement are intended for the exclusive use of the Parties, they are potentially subject to disclosure under the provisions of the Public Records Act at the sole discretion of the City. 33.13 Transition to Next Solid Waste Enterprise. If in the final 12 months of the period during which Contractor is to provide collection services under this Agreement, Contractor and City have not entered into a succeeding agreement, Contractor shall Page 92 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 511 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. cooperate fully with City and all prospective subsequent Solid Waste enterprise(s), franchisee(s), licensee(s), permittee(s) or other Person seeking to provide services similar to the Services so as to assure an efficient, orderly, timely and effective transition. In that regard, Contractor agrees to make available to City and to prospective proposers in any competitive process used by the City to select a successor, route maps, customer lists, and all other records requested by City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SAN BERNARDINO a Califor 'a Charter City and Municipal Corporation Jarr d Burguan Interim City Manager ATTEST- Georgean 'Gigi" Hann City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By. CONTRACTO BURRTEC ST N TRIES, INC. By: Cole Burr President Page 93 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 512 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 94 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 513 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016-June 30, 2017 SFD/MFD/Commercial Cart Service Level/Frequency Monthly Services Rate 1 - 64 or 96 gallon Solid Waste Cart Single or Multi-Family Dwelling 1 -96 gallon Organic Waste Cart 22.84 1 -96 gallon Recyclable Materials Cart 1 -64 or 96 gallon Solid Waste Cart Mobile Home 15.24 1 -96 gallon Recyclable Materials Cart 1 - 64 or 96 gallon Solid Waste Cart Commercial Unit 22.84 1 - 96 gallon Recyclable Materials Cart Each Additional Solid Waste Cart 64-96 gallon carts 12.96 Each Additional Extra Organic 96 gallon cart 11.35 Waste Cart (residential only) Additional Recyclable Materials 96 gallon cart 0.00 Cart (residential only) Solid Waste Collection Frequency/Monthly RateBinServices Bin Size 1/week 2/week 3/week 4/week 5/week 6/week Extra Pickup 1-2 CY $112.10 $205.31 $304.44 $401.20 $495.60 $661.98 $25.28 3 CY $119.18 $225.56 $335.11 $440.14 $547.51 $840.16 $27.50 4 CY $130.98 $247.80 $364.61 $480.26 $595.90 $1,036.04 $30.11 6 CY $189.98 $362.26 $535.71 $713.90 $876.74 $1,014.94 $35.68 Compactor Collection Frequency/Monthly Rate Page 95 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026   Packet Pg. 514 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016-June 30, 2017 Services Compactor Extra Size 1/week 2/week 3/week 4/week 5/week 6/week pickup 2 CY $130.98 $245.43 $361.08 $476.71 $591.18 $786.35 $27.50 3-4 CY $154.58 $287.91 $423.61 $553.41 $692.65 $925.11 $30.11 Recycling Bin Collection Frequency/Monthly Rate Services Bin Size 1/week 2/week 3/week 4/week 5/week 6/week 2 - 6 CY Bin $41.50 $83.00 $124.50 $166.50 $208.00 $249.50 Green Waste/Organics Bin Collection Frequency/Monthly Rate Services Extra Bin Size 1/week 2/week 3/week 4/week 5/week pickup 1-2 CY $107.38 $198.24 $291.46 $384.68 $476.71 $25.28 3 CY $114.46 $215.94 $316.24 $416.54 $515.66 $27.50 4 CY $125.08 $232.46 $341.01 $450.76 $558.14 $30.11 6 CY $143.96 $267.86 $394.11 $505.04 $641.91 $35.68 Roll-off Services Rate/How Charged Service/Item Rate How Charged 10 -40 CY Roll-off $335.11 Rate Per Pull Recycling Compactor $142.00 Rate Per Pull Page 96 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026   Packet Pg. 515 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016—June 30, 2017 Water Reclamation Site $115.00 Rate Per Pull Rate Per Pull — plus 4 tons of applicable Temporary Roll-off $335.11 disposal Rate Per Pull — plus 6 tons of applicable Temporary Green Waste Roll-off $335.11 disposal Rate Per Pull — plus 6 tons of applicable Temporary C&D Roll-off $335.11 disposal Rate Per Pull — plus 6 tons of applicable Temporary Inert Roll-off $335.11 disposal Per Occurrence (in excess of 15 Standby-Roll Back $135.70 minutes) Dry Run/Relocate 75.00 Per Occurrence Roll-off Wood (Treated) $102.88 Per Ton Disposal Per Ton 49.05 Per Ton Green Waste Per Ton 48.29 Per Ton Wood Waste Per Ton 42.50 Per Ton Inerts (Clean) $100.00 Per Load Dry Wall 40.28 Per Ton Carpet 50.00 Per Ton Overweight Penalty 12.00 Per Ton Miscellaneous Compactor Repairs 66.91 Per Hour Temporary Bin Services Rate/How Charged Item/Service Rate How Charged 7-day Bin 69.00 Each Occurrence Extra Pick-up 7 Day 69.00 Each Occurrence 7-day Bin Extension 69.00 Each Occurrence Page 97 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 516 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 1 Maximum Permitted Service Rates April 1, 2016—June 30, 2017 Misc. Services Rate/How Charged Item/Service Rate How Charged Clean-Up Service 36.23 Per each 15 minutes Late Set Out (Barrel)28.75 Per trip On-Call Refuse Pickup (non 45.00 Each Occurrence 2 - 4 Cubic Yard service day) On-Call Recycling Pickup (non 35.00 Each Occurrence 2 — 3 Cubic Yard service day Cart Replacement 74.75 Each Cart/Each Occurrence Lock 17.70 Each Lock/Each Occurrence Bin Enclosure Cleaning 37.16 Each Enclosure/Each Occurrence Bin Roll Out Service 67.26 Monthly Bin Steam Cleaning 37.16 Each Bin/Each Occurrence Rent 3 Yard Tilt Hopper 30.00 Each Tilt Hopper/Each Occurrence Compactor Cleaning $133.34 Each Compactor/Each Occurrence Recycling Contamination $59.00 Each Bin Late Fee 1.5% Per month Page 98 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 517 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 2 City Facilities Location Address Fire Department Fire Station #221 200 E. 3" St Fire Station #222 1201 W 91 St Fire Station #223 2121 Medical Center Dr Fire Station #224 2641 N E St Fire Station #225 1640 W Kendall Dr Fire Station #226 1920 N Del Rosa Ave Fire Station #227 282 W 40t St Fire Station #228 3398 E Highland Ave Fire Station #229 202 N Meridian Ave Fire Station #230 502 S Arrowhead Ave Fire Station #231 450 E. Vanderbilt Way Fire Station #232 6065 N Palm Ave Fire Department Automotive Shop 120 D St Police Department Police Department 710 N D St Police Pistol Ranch 1100 E Highland Ave Animal Control 333 W Chandler PI Parks Department Park & Recreation 1494 E Art Townsend Dr Parks Dept—T 234 S Mtn View Ave CID, TT, Parks Dept 8088 N Palm Ln Lytle Creek Park 300 S. K St Meadowbrook Park 2 nd & Mt View Ave Perris Hill Park 1100 E Highland Ave Rio Vista Park 1399 N California St San RI Fields/Nicolson Park 2 nd & Meridian Seccombe Park 5t F& Belle Hernandez Community Center 222 N Lugo Ave Antil Garden Project 868 E 6t St Page 99 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 518 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 2 City Facilities Location Address Meadow Nutrition Center 123 N Mtn View Ave Ruben Campos 1717 W 5th St Senior Citizens Ser Center 600 W 5 th St Warner-Hodgedon Field 200 E 7 th St Al Guhin Park 3650 Little League Dr Little League Doty Field 40th &Waterman Ave Melton Field 300 E 40t St Del Road Little League Park Marshal[/Mountain Ave Carl Karper Field #39 3900 Severence Ave Guiterrez Field 1291 W 14t St Palm Field 790 E 6 th St Porterfield Little League 226 E 7 th St Blair Park 1466 W Marshall Blvd Highland Fields North 1535 Arden Ave Highland Fields South Pacific & Arden Nicholson Community Center 2750 W 2 nd St Guadalupe Field 8 th &Western Ann Shirrells Park 1367 N California St Ballard Field 1700 W 5 th St Mill Community Center 503 E Central Ave Nunez Park 1717 W 5 th St Delman Heights Center 2969 N Flores St Speicher Park 1535 Arden Ave Wildwood Elks Field 500 E 40" St Post 777 Little League Marshall/Little Mtn City Yard Central Store/Yards 181 S Pershing Ave Electrical Shop-T 182 S Sierra Way City Garage 182 S Sierra Way Page 100 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 519 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 2 City Facilities Location Address Paint Shop-T 231 S Pershing Ave Public Works Bldg 231 S Pershing Ave Refuse Yard/Warehouse-R 180 S. Sierra Ave Library Feldheym Central Library 555 W 6t St Rowe Branch Library 108 E Marshall Blvd Villasenor Branch Library 525 N Mt Vernon Blvd Soccer Blast Soccer Field 3500 W Little League Dr Arrowhead Stadium 280 S E St City Hall 300 N D St Pioneer Cemetery 7" & Sierra Way Miscellaneous Norton Air Force Base Gym 1554 E Art Townsend Dr Roosevelt Bowl 1001 E Highland Ave Sturgis Auditorium 780 N E St Homeless Access Center 247 E 7 1h St Urban Conservation Corp 378 E Orange Show Rd Other City facilities/buildings/locations as may be requested by the City. Page 101 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 520 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 102 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 521 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 3 Contractor's Facilities Primary Facilities: San Bernardino Landfill System (Contractor's preferred disposal site) Burrtec East Valley Recycling & Transfer Facility Riverside County Waste System Salton City Landfill System Backup Facilities: Burrtec West Valley MRF Robert A. Nelson MRF/Transfer Station (Agua Mansa MRF) Other additional facilities upon written notice to the City Page 103 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 522 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 104 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 523 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 4 City Sponsored Events City Hall Food truck event held every Third Thursday. Movie in the Park held in June/July held every Wednesday night. San Bernardino Air and Car Show (October). Turkey Trot (November). Hoho Parade (December). Perris Hill Park Christmas in the Park (December)). Cafe Tuesdays. Downtown Farm Share Market. Rendezvous Route 66. Dump Days (11 days per Agreement Year). Secure Document Shred Event for City Residents (dates, locations and times to be agreed to between City and Contractor). Compost Give-Away Event (amount of compost to be delivered by Contractor, dates, locations and times to be agreed to between City and Contractor). Neighborhood/ Community Council Clean-Up Events (dates, locations and times to be agreed to between City and Contractor). Other City Sponsored Events as requested by the City. Page 105 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 524 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 106 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 525 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 5 Transition Plan SOLID WASTE COLLECTION SERVICES 1. EMPLOYMENT ACTIVITIES Contractor proposes to initiate the recruitment process immediately following award of contract by the City Council. 1) Recruitment. Upon award of the contract, Contractor representatives will distribute an Employment Announcement to City employees who will be displaced by the outsourcing of Solid Waste Collection Services, Street Sweeping Services and Right- Of-Way Clean-Up Services to Contractor. The announcement will detail pay and benefits and describe the employment process. 2) Hiring and Orientation. Following the award of contract to Contractor, all eligible City employees will be offered employment upon successful completion of the following items: a. Criminal and driving background check b. Post offer physical exam c. Drug screening 3) Job Fair. Contractor will host a job fair in San Bernardino for employees and their family. The job fair will provide additional information on Contractor, such as the employee manual, benefit information and give employees and opportunity to talk with management, supervisors and Contractor employees. New hire orientation will be held 7-10 days prior to the contract start date. 4) Start Date as Contractor Employees. On Service Commencement Date, the City's former IWMD employees will report for work as employees of Contractor retaining their seniority from their original dates of hire with the City. 2. TRANSITION ACTIVITIES The transition period begins with the award of contract and ends thirty (30) days after services have been implemented. 1) Transition Planning. Within five (5) calendar days following contract award, Contractor will meet with the City Staff to discuss the Implementation Plan. 2) Ongoing Transition Team Meetings. Contractor's transition team liaison will meet with City Staff as needed to report on the progress, activities, and issues that may have surfaced and how the issues have or will be addressed. Page 107 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 526 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 5 Transition Plan 3) After-Action Meeting. At the conclusion of the transition period, City and Contractor will meet to review the success of the transition as well as plans to address any unresolved matters. 3. OUTREACH ACTIVITIES Contractor currently operates a local office within the City at 5455 Industrial Parkway, 909-889-1969, which shall be utilized in the interim for customer service activities. 1) Contractor Website. The Contractor website (www.burrtec.com) will be updated to provide customers with information about Contractor services, programs and events. 2) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses. 3) Residential Service Brochure. Prior to the Service Commencement Date, Contractor will distribute a service brochure to each residential dwelling receiving individual collection to introduce them to services and promote recycling and organic material diversion. 4) Chamber of Commerce Presentations. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered. 5) Media Advertising. One (1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming transition in service providers. 4. CUSTOMER SERVICE ACTIVITIES During the transition, Contractor will utilize its existing, in-City facility located at 5455 Industrial Parkway, San Bernardino, 909-889-1969, empire @burrtec.com as its local customer service office. 1) CSR Orientation/Training. Following the award of contract, all Contractor personnel having direct contact with the public will participate in an orientation session to familiarize them with the transition process and services offered in San Bernardino. This training will ensure that all Contractor customer service personnel are familiar with the upcoming services the company will render and can respond intelligently to any inquiry received. 2) Account Information. Contractor will identify all customers and the services rendered to each. a. City Record Upload. Within ten (10) working days of executing the agreement, City will provide and Contractor will upload City's Customer Management Record Page 108 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 527 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 5 Transition Plan with the name, service address, billing address, subscribed services, including but not limited to, container size, pick up frequency, and account history. b. Create Contractor CMR. Following the upload of the City's Customer Management Record, Contractor will create a Contractor Customer Management Record and perform a desktop audit of the records. c. Field Verification. Contractor will visit each Commercial customer service location to verify the presence of containers, inspect container locations including enclosures and note the presence of containers for Recyclable Materials and Organic Materials collection services. 5. OPERATIONAL ACTIVITIES Operational activities are to include all services dealing with collection operations. 1) Collection Vehicles a. Evaluation. Contractor will evaluate City-owned collection vehicle for immediate use and long-term use in the City. b. Vehicle Signage. Contractor will rebrand each vehicle acquired from the City. 2) Containers. a. Residential Carts. i. Labeling. Within the first four (4)weeks following the Service Commencement Date, Contractor personnel will re-brand every BLACK, BLUE and GREEN cart in service by affixing a Contractor identification sticker, with Contractor's name, website address and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to the lid of each BLUE and GREEN cart. ii. Replacement. Any cart found to be in disrepair will be replaced with a cart employing the same BLACK-BLUE-GREEN color scheme. b. Commercial Bins. i. Labeling. Within the first four(4)weeks following the Service Commencement Date, Contractor personnel will label every bin in service by affixing a Contractor identification sticker, with Contractor's name, website address and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to front of bins used for collecting Recyclable Materials and Organic Materials. ii. Short-Term Replacement Program. Any bin found to be in disrepair, will be repaired in the field or replaced with a clean and freshly rehabilitated bin. c. Roll-off Boxes and Compactors. Page 109 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 528 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 5 Transition Plan i. Re-Branding. Within the first four (4) weeks following the Service Commencement Date, Contractor personnel will re-brand every roll-off box by painting and stenciling, and compactors by affixing a Contractor identification sticker, with Contractor's name and telephone number, so as to cover the City's identification. Additionally, stickers displaying acceptable materials will also be affixed to front of compactors used for exclusively collecting Recyclable Materials and Organic Materials. ii. Refurbishing. Any roll-off box or Contractor-owned compactor found to be in disrepair will be repaired or replaced with a clean and freshly rehabilitated replacement unit. 3) Routing. i. City Route Lists & Maps. Within ten (10) days of executing the agreement, City IWMD will provide Contractor with its complete route lists and route map. Page 110 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 529 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 6 Public Education & Outreach Plan 1. PRE-STARTUP PROGRAMS The following public education and outreach activities will be performed prior to the Service Commencement Date. 1) Contractor Website. The Contractor website (www.burrtec.com) will be updated to provide customers with information about Contractor services, programs and events. 2) Chamber of Commerce. In the month prior to the Service Commencement Date, Contractor will contact a local Chamber of Commerce to schedule a presentation on the transition and commercial services offered. 3) City Council Update(s). At the City's request, Contractor will provide periodic service updates to the City Council. 4) Community Meeting. In the month prior to the Service Commencement Date, Contractor will conduct community meetings for purposes of outlining services and answering questions from residents and businesses. 5) Media Advertising. One (1) week prior to the Service Commencement Date, Contractor will publish a print media advertisement to alert the community to the upcoming service transition. 6) Residential Brochure. Prior to the Service Commencement Date, Contractor will distribute a brochure to each residential dwelling receiving individual collection to introduce residents to the services and to promote recycling and organic material recycling. 2. POST-STARTUP PROGRAMS The following public education and outreach activities will be performed following the Service Commencement Date. 1) Acceptable Materials Labels. Commencing with the Service Commencement Date, as a part of the container rebranding procedure, labels describing the materials accepted for recycling will be affixed to every container (carts and bins) used for collecting Recyclable Materials and Organic Materials. 3. ONGOING PROGRAMS The following public education and outreach activities will be performed on an ongoing basis throughout the term of the contract. 1) Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recycling boxes, at no charge, in a continuing effort to support City programs and events and to promote recycling_ Page 111 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 530 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 6 Public Education & Outreach Plan awareness to the public. Community events include those as listed in Exhibit 4. 2) City's Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival. 3) School Outreach. School programs will be contingent on subscribing to City services. 4) Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion. 5) Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them. 6) Residential Newsletters. Newsletters will be mailed to residents four times per Agreement Year. The newsletters will remind residents what is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste. 7) Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and Mandatory Commercial Organics Recycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State-mandated programs. 8) Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets. 4. SCHEDULE & QUANTITY OF MATERIAL 1) Brochures. Contractor will distribute brochures describing services, proper use of carts, and acceptable materials to all residential cart before the Service Commencement Date. Brochures will also be distributed to new customers when a change in occupancy is noted. 2) Newsletters. Contractor will distribute newsletters to Residential customers four times per Agreement Year. Commercial newsletters will be distributed to coincide with special program notices such as AB 341 and AB 1826 on a semi-annual basis. Page 112 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 531 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 7 Diversion Plan This Diversion Plan describes Contractor's the strategic approach to increase the City's overall diversion rate. RESIDENTIAL SECTOR Current residential programs will be augmented by: 1) Brochures/Newsletters. Re-energizing the programs by re-introducing the concepts of single-stream recycling and green waste diversion through full color bilingual brochures distributed to every residential customer. 2) Move-In Service. Collection of recyclable materials such as flattened cardboard and packing paper that would exceed the capacity of the recycling cart. 3) Public Education/Outreach. The following activities will be performed on an ongoing basis throughout the term of the agreement: a. Community Events. Contractor will provide the personnel, equipment, collection services, promotional items, and cardboard trash and recycling boxes, at no charge, in a continuing effort to support City programs and events and to promote recycling awareness to the public. Examples of events include, but are not limited to Cafe Tuesdays, Third Thursday Food Fest, Downtown Farm Share Market, Movie Night in the Park and Rendezvous Route 66. b. City's Program and Grant Funding. Public education and outreach activities which focus on beverage container recycling, used motor oil recycling, household hazardous waste disposal and waste tire collection, and are centered around such events as residential community clean-up days, Earth Day events, Public Works Week and the Orange Show Festival. c. School Outreach. School programs will be contingent on subscribing to City services. d. Customer Feedback. Information regarding disposal and diversion efforts will be used to give feedback to residential neighborhood organizations and commercial customers about rates of participation, contamination, waste generation and diversion. e. Product Stewardship. Contractor will encourage residents to donate or exchange reusable items to local thrift stores and/or second hand establishments rather than discarding them. f. Residential Newsletters. Newsletters will be mailed to residents four times per Agreement Year. The newsletters will remind residents what Page 113 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 532 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 7 Diversion Plan is accepted for recycling, advise them of holiday schedules, bulky waste pickup, waste and recycling events, community events, and special waste handling topics like sharps, used motor oil and electronic waste. g. Key Accounts. As a part of Mandatory Commercial Recycling (AB 341) and Mandatory Commercial Organics Recycling (AB 1826) programs, Contractor staff will identify key accounts such as property managers, multi-family site managers, and major commercial and industrial properties and develop outreach efforts designed to engage greater participation in these State-mandated programs. h. Other Education & Outreach Efforts. Throughout the term of the contract, Contractor staff will work cooperatively with the City to monitor the effectiveness of existing public education and outreach programs and to identify and develop new public education and outreach programs as might be necessary to meet diversion targets. COMMERCIAL SECTOR Contractor proposes to increase diversion from Commercial sources by: 1) AB 341 Recycling Programs. Contractor will identify and report to the City annually on the AB 341 compliance status of each business. Contractor's recycling coordinator will work with each non-compliant business to establish programs. (AB 341 defines "business" as any commercial entity, public entity such as a school or hospital, and multi-family dwelling of five 5) units or more.) 2) Recycling Rebates. Commercial establishments that generate large quantities of source-separated Recyclable Materials may be offered rebates based on the net value of the commodity. 3) Organic Materials / AB 1826 Compliance. Contractor will identify and report to the City on the businesses impacted by AB 1826. Contractor's recycling coordinator will work with affected businesses to establish services that comply with the law. INDUSTRIAL SECTOR Contractor will to increase diversion from the Industrial sector by: 1) AB 341 Recycling Programs. (Previously described.) 2) Recycling Rebates. (Previously described.) 3) Organic Materials / Mandatory Commercial Organics Recycling Law. Previously described.) Page 114 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 533 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 7 Diversion Plan 4) Construction & Demolition Waste. a. Source-Separated Collection. Contractor will provide multiple containers on large job sites to enable developer/contractors to source-separate materials. Job sites with limited space might also source-separate material using containers phased to match the construction progress, i.e., rock, inerts, concrete & wood for demolition and flatwork phases, wood for framing phases, plastics & metals for plumbing, electrical & ducting phases, drywall for wall phases, carpet remnants, cardboard for HVAC, appliance and finish phases. b. Mixed C&D Processing. Contractor will provide containers for mixed construction & demolition roll-off processing. Below are Contractor's diversion targets by service sector and date Refuse Green Waste Recyclables Total Solid Diversion Year Disposal Diversion Diversion Waste Rate Target Target Target Generated Target Current 150,000 30,600 21,000 201,600 26% 2016 138,100 38,500 25,000 201,600 31% 2020 120,600 48,000 33,000 201,600 40% 2025 91,600 63,000 47,000 201,600 55% Page 115 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 534 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 116 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 535 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 8 Customer Service Plan Customer Service Representatives will work from local division offices, not a regional call center. This localized customer service system promotes a better understanding of local programs and customer needs. 1. LOCATION The customer service center for the City of San Bernardino will be initially located at Contractor's existing San Bernardino Division Office at 5455 Industrial Parkway. 2. STAFFING Will consist of nine (9) fulltime Customer Service Representatives will be available to answer and process all incoming telephone calls from City residents and commercial enterprises. Customer Service Representatives will receive in-house training on the programs and services to be provided. 3. CALL HANDLING Customer Service Department will be accessible via a local, toll free telephone number, which will be listed under Contractor's name in the white pages directory servicing San Bernardino. Customer Service Department hours are 8:00 AM - 5:00 PM Monday through Friday and on Saturdays between 8:00 AM and 2:00 PM after recognized holidays. Customer phone calls and customer issues will be recorded in a computerized log, including the date and time, customer's name and address, nature of concern, and resolution. Phone calls received via the message center will be recorded in the log and responded to no later than the following workday. The log will be available for review by City representatives during normal office hours. Contractor will provide ongoing dispatch communications between drivers, route supervisors and customer service to address issues such as locked gates, equipment malfunctions, or missed collections. Page 117 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 536 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 118 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 537 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year Sweepers/Equipment 0492-03 BROOMSWEEPER 71,163 2003 7468 AIRSWEEPER CNG 34,476 2007 7469 AIRSWEEPER CNG 34,476 2007 7476 BROOMSW EEPER CNG 45,866 2007 7478 BROOMSW EEPER CNG 48,040 2007 9490 BROOM SWEEPER 38,690 2009 9491 CNG SWEEPER 22,639 2009 483 COMPACT TRUCK 90,375 1995 Right of Way Vehicles/Equipment 1557 1975 1556 MOWER FIELD & BRUSH 2007 1555 MOUNTED PUMP 1,555 1996 1553 3/4T PU W/SRVC.BDY 132,383 2001 1552 3/4T PU W/SRVC.BDY 78,000 2001 1551 VAN PASS-15 1-TON 76,717 2003 1550 VAN PASS-15 1-TON 68,170 2003 1549 TRAILER 10 FT 1989 1548 TILT BED TRLR 58,292 1989 1547 3/4 T PICKUP 119,237 2002 1546 PRESSURE WASHER 100 1989 1544 3/4 T PICKUP 41,249 1997 1543 TRAILER 1 AXLE 2 1984 1542 TRAILER 10 FT 1984 1541 FLATBED 115,349 2002 1540 1 T FLTBED DUMP 164,949 1992 1539 TRAILER 15 FT 1988 1536 ARROW BOARD TRLR 2003 813 O STEER MOWER 846 2007 802 3/4T PU W/SRVC.BDY 116,004 1998 768 TRAILER 20 FT. 2 AXL 2007 764 MOWER 3 DECK 4,750 2005 758 TRAILER 10 FT 1979 739 1 T FLTBED DUMP 35,750 2006 732 1/2 T PICKUP 113,856 2002 724 1/2 T PICKUP 121,296 2002 720 1/2 T PICKUP 87,742 2002 719 3/4 T PICKUP 122,586 2002 716 1/2 T PICKUP 98,867 2002 703 1 TON PICK UP 55,280 2008 577 TRAILER 10 FT 1990 576 CARRIER TRL 16' 1996 Page 119 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 538 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 2010 530 529 75 2010 528 PRESSURE WASHER 2009 527 2008 526 PAINT SPRAYER 687 2008 525 PAINT SPRAYER 3 2008 524 PAINT SPRAYER 2008 523 PAINT SPRAYER 2008 517 2010 515 PAINT SPRAYER 2011 511 GENERATOR PORTABLE 2000 505 COMPACT PU REG.CAB 86,167 2007 487 TRAILER 10 FT 1980 485 TRAILER 15 FT 1973 472 VIBROPLATE 2011 308 MOWER-RIDING 72" RIGHT OF WAY" 21201 2007 Refuse Collection/Equipment Vehicle# Description Odometer Year 01107-02 SIDELOADER AUTOMATED 104,095 2002 01114-02 SIDELOADER AUTOMATED 82,853 2002 129 PRESSURE WASHER 659 2005 0155-87 REAR LOADER 252,804 1987 161 FORKLIFT 1,151 2010 224 SMALL REF. TRUCK 81,146 2006 225 SMALL REF. TRUCK 86,339 2007 7140 SIDELOADER AUTO 48,305 2007 7141 SIDELOADER AUTO 70,288 2007 7142 SIDELOADER AUTO 78,896 2007 7143 SIDELOADER AUTO 53,129 2007 7144 SIDELOADER AUTO 66,680 2007 7145 SIDELOADER AUTO 65,182 2007 7146 SIDELOADER AUTO 79,921 2007 7147 SIDELOADER AUTO 75,363 2007 7148 SIDELOADER AUTO 80,951 2007 7149 SIDELOADER AUTO 66,483 2007 7150 SIDELOADER AUTO 64,845 2007 7151 SIDELOADER-AUTO 67,814 2007 7152 SIDELOADER-AUTO 62,359 2007 8100 SIDELOADER AUTO 73,432 2008 8101 SIDELOADER AUTO 46,442 2008 8102 SIDELOADER AUTO 62,928 2008 8103 SIDELOADER AUTO 67,243 2008 8104 SIDELOADER AUTO 64,691 2008 8105 SIDELOADER AUTO 67,033 2008 Page 120 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 539 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 8106 SIDELOADER AUTO 77,856 2008 8107 SIDELOADER AUTO 76,008 2008 8108 SIDELOADER AUTO 79,437 2008 8109 SIDELOADER AUTO 73,679 2008 8223 REAR LOADER LNG 60,337 2008 9110 LNG SIDE LOADER 58,133 2009 9111 LNG SIDE LOADER 68,039 2009 9112 LNG SIDE LOADER 57,233 2009 9113 LNG SIDELOADER 61,554 2009 9114 LNG SIDELOADER 61,213 2009 9115 LNG SIDE LOADER 59,537 2009 9116 LNG SIDE LOADER 59,912 2009 9222 REAR LOADER 71,018 2009 10112 LNG SIDELOADER 41,169 2010 10113 LNG SIDE LOADER 40,425 2010 10114 LNG SIDE LOADER 7,600 2010 10115 LNG SIDE LOADER 45,184 2010 10117 LNG AUTO RES 49,480 2010 10119 LNG AUTO RES 44,606 2010 10120 LNG SIDELOADER 42,522 2010 12104 LNG SIDELOADER 40,217 2012 12116 LNG SIDELOADER 43,831 2012 12151 STAKEBED 23,174 2012 12152 STAKEBED 22,387 2012 200 1/2 T PICKUP CNG 51,081 2014 201 1/2 T PICKUP CNG 100,273 2014 209 1/2 T PICKUP CNG 65,440 2014 220 3/4 T PICKUP 108,320 1995 226 COMPACT SEDAN 45,348 1997 1101 FUEL ONLY 59,155 2007 1136 FUEL ONLY Not know 1507-02 4DR IVIED SEDAN 50,887 2002 RES OIL MISC. OIL CHRGS,ETC. 5,535 1997 145 BIN BUGGY 103,640 2006 206 STEAM CLEANER 2005 208 STEAM CLEANER 2005 221 TRAILER UTIL 15' 1996 1200 ROLL OFF 231,028 2001 1201 ROLL OFF 235,374 2001 1203 ROLL OFF 255,563 2002 1204 ROLL OFF 244,637 2001 154 BIN BUGGY 153,074 1998 2170 FR. END LOADER 150,787 2002 2171 FR. END LOADER 161,902 2002 2172 FR. END LOADER 150,217 2002 Page 121 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026   Packet Pg. 540 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 9 List of City's Equipment/Personal Property Vehicle# Description Odometer Year 2173 FR. END LOADER 33,373 2002 2174 FR. END LOADER 45,485 2002 2175 FR. END LOADER 4,473 2002 7176 FRONTLOADER AUTO 55,820 2007 7182 FRONTLOADER AUTO 67,888 2007 7188 FRONTLOADER AUTO 79,563 2007 7198 ROLL OFF LNG 120,653 2007 7202 ROLL OFF LNG 131,908 2007 7203 ROLL OFF LNG 238,304 2007 7204 ROLL OFF LNG 149,960 2007 8177 FRONTLOADER AUTO 181,143 2008 8178 FRONTLOADER AUTO 1,827 2008 8179 FRONTLOADER LNG 30 2008 8199 ROLL OFF LNG 130,000 2008 8200 ROLL OFF LNG 113,971 2008 9180 FRONT LOADER LNG 63,441 2009 9181 FRONT LOADER LNG 66,387 2009 9183 FRONT LOADER LNG 61,887 2009 9205 ROLLOFF LNG 117,568 2009 10191 LNG FRONT LOADER 54,956 2008 10193 LNG FRONT LOADER 59,353 2010 10196 LNG ROLL OFF 80,292 2011 12153 BIN CARRIER HREM 25,252 2012 12174 LNG FRONT LOADER 44,426 2012 12194 LNG FRONT LOADER 43,880 2012 12202 LNG ROLL OFF 52,523 2012 205 1/2 T PICKUP CNG 100,427 2004 207 4DR STD. SEDAN 113,796 2001 414 COMPACT SEDAN 54,786 1997 1505 COMPACT SEDAN 51,599 2000 202 WELDER WIRE FEED 2005 1130 BIN REPAIR 87,807 2000 234 VAN CARGO 1/2 TON 23,473 1997 1941 CLASSIC PICKUP 1,194 1941 COM OIL MISC. OIL CHRGS, ETC. 1 1997 Page 122 of 126 Franchise Agreement Term April 1, 2016- March 31, 2026   Packet Pg. 541 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 10 Displaced City Employee Compensation Minimum Requirements BENEFITS. Displaced City Employees ("employees") employed by Contractor will receive the exact same benefits as all other Contractor employees: Health Insurance. Comprehensive medical plan paid by company for employee only and weekly premium payroll deduction for family coverage. Retirement. Employees will have the opportunity to join Contractor's 401 k retirement plan the first of the month following three months of service. Contractor will make a matching contribution in an amount equal to 50% of the portion of elective deferrals up to 6% of compensation and employee will become 100% vested when you enter the plan. Vacation. Vacation is accrued based upon length of employment: Years of Service Weeks Weekly Accrual 1 1 0.77 x 52 = 40.04 2 2 1.54 x 52 = 80.08 8-15 3 2.31 x 52 = 120.12 16 3 + 1 day 2.46 x 52 = 128.0 17 3 + 2 days 2.62 x 52 = 136.0 18 3 + 3days 2.77x52 = 144.0 19 3 + 4days 2.92x52 = 152.0 20 4 3.08 x 52 = 160.0 Paid Holidays. Contractor's employees receive six paid holidays. Paid Sick Leave — Employees will be granted 32 hours of Paid Sick Leave on every anniversary hire date. Upon successfully completing 90 days of employment employees may begin to use their 32 hours. Birthday Pay- Contractor employees receive their Birthday as a floating holiday Other. Service Awards-Contractor values employee's commitment to company and will recognize employee's anniversary milestones with a service award. Page 123 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 542 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 124 of 126 Franchise Agreement Term April 1, 2016—March 31, 2026   Packet Pg. 543 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Exhibit 11 Contractor's Subcontractors Contractor will use only one subcontractor who will perform street sweeping services: CleanStreet, Inc. Jere Costello, CEO and Founder 1937 W. 169th Street Gardena, CA 90247 800) 538-8015 info @cleanstreet.com Federal Tax Identification Number: 95-4147708 Page 125 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 544 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. This page intentionally left blank. Page 126 of 126 Franchise Agreement Term April 1, 2016— March 31, 2026   Packet Pg. 545 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;546 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;547 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;548 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;549 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;550 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;551   Packet Pg. 552   Packet Pg. 553   Packet Pg. 554   Packet Pg. 555   Packet Pg. 556   Packet Pg. 557   Packet Pg. 558 Public Hearing City of San Bernardino Request for Council Action Date: February 15, 2023 To: Honorable Mayor and City Council Members From: Charles E. McNeely, Interim City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Subject: Resolution Approving Street Vacation of a Portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and Reservation of Utilities Therein (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-003 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein. 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 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 E Drake Drive was received on June 16, 2022, from Plehn Family, LLC. The stated reason for the petition to vacate this portion of E Drake Drive is to accommodate a new industrial development. On September 21, 2022, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On October 27, 2022, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within one thousand feet (1000’) of the property informing them of the proposed street vacation. Staff has received requests from   Packet Pg. 559 Frontier Communications and Southern California Edison to reserve established utility easements and has received no additional responses from utilities or residential stakeholders. On December 7, 2022, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for February 15, 2023, at 7:00PM which will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California 92410. On January 10, 2023, The Planning Commission adopted Resolution No. 2023-001PC, finding that the proposed street vacation of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street, conforms with the City’s General Plan. Discussion Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-438, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation. The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-438 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. 2021-2025 Key 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. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-003 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein. Attachments   Packet Pg. 560 Attachment 1 - Resolution No. 2023-003 Attachment 2 - Exhibit A – Legal Description Attachment 3 - Exhibit B – Plat Map Attachment 4 - Aerial Map Attachment 5 – PowerPoint Presentation Ward: 3 Synopsis of Previous Council Actions: September 21, 2022 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein. December 7, 2022 The Mayor and City Council adopted Resolution No. 2022- 265 declaring its intent to conduct a public hearing to order the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy and reservation of utilities therein, and set the date and time of the public hearing for February 15, 2023, at 7:00PM.   Packet Pg. 561 Resolution No. 2023-003 Resolution 2023-003 February 15, 2023 Page 1 of 3 1 8 3 7 RESOLUTION NO. 2023-003 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF E DRAKE DRIVE BETWEEN E CENTRAL AVENUE AND E MILL STREET, AND WEST OF S FOISY STREET AND RESERVATION OF UTILITIES THEREIN. WHEREAS, the Public Works Department previously received a petition to vacate a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street; and WHEREAS, on September 21, 2022, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the street; and WHEREAS, on October 27, 2022, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within one thousand feet (1000’) informing them of the proposed street vacation; and WHEREAS, on December 7, 2022, the Mayor and City Council adopted Resolution No. 2022-265 declaring its intention to conduct a public hearing on February 15, 2023, to order the street vacation; and WHEREAS, on January 10, 2023, the Planning Commission adopted Resolution No. 2023-001PC, finding that the proposed street vacation conforms with the City’s General Plan; and WHEREAS, on February 15, 2023, 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 E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy 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 E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law,” being Division 9, Part 3, of the Streets and Highways Code of the State of California.   Packet Pg. 562 Resolution No. 2023-003 Resolution 2023-003 February 15, 2023 Page 2 of 3 1 8 3 7 SECTION 3. The Mayor and City Council of said City do hereby vacate that portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy 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 February 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney   Packet Pg. 563 Resolution No. 2023-003 Resolution 2023-003 February 15, 2023 Page 3 of 3 1 8 3 7 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. 2023-003, adopted at a regular meeting held on the 15th day of February 2023 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 ____________ 2023. Genoveva Rocha, CMC, City Clerk   Packet Pg. 564 Page 1 of 1 EXHIBIT “A” LEGAL DESCRIPTION STREET VACATION NO. 15.30-438 THOSE PORTIONS OF DRAKE DRIVE OF TRACT NO. 3057, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 42, PAGES 22-23 OF MAPS, RECORDS OF SAID COUNTY, BOUNDED AS FOLLOWS: ON THE WEST BY THE WESTERLY LINE OF SAID MAP. ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE, AND THE PROLONGATION THEREOF, OF FOISY STREET, 25 FOOT HALF WIDTH, AS SHOWN ON SAID MAP. ON THE NORTH BY THE SOUTHERLY LINE AND THE SOUTHEASTERLY LINE OF LOT 7 OF SAID MAP. ON THE SOUTH BY THE NORTHERLY LINE AND THE NORTHEASTERLY LINE OF LOT 6 OF SAID MAP. CONTAINING APPROXIMATELY 8,689 SQUARE FEET. AS SHOWN ON EXHIBIT “B”ATTACHED HERETO AND BY THIS REFERENCE MADE PART HEREOF. This legal description was prepared by me or under my direction. ______________________________________ Edward J. Bonadiman, PLS Date 07-20-2022_________________________________________________________________________________________________________________________________________________________ Ed d J B di PLS   Packet Pg. 565 APN 0280-021-22 LOT 7 MB 42/22-23 APN 0280-021-27 LOT 6 MB 42/22-23 CL DRAKE DRIVE FOISY STREETCL1STREET VACATION DRAKE DRIVE CITY OF SAN BERNARDINOEST . 1 9 4 1EXHIBIT "B" LEGEND: STREET VACATION NO. 15.30-438   Packet Pg. 566 AERIAL MAP   Packet Pg. 567 Public Hearing – Proposed Street Vacation Portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street Presented by Nathan Freeman, Agency Director of Community, Housing and Economic Development   Packet Pg. 568 Public Hearing – Street Vacation •Applicant: Plehn Family, LLC •Reason for Request: The reason stated for the petition to vacate this portion of E Drake Drive is to accommodate a new commercial development that will consist of a warehouse building.   Packet Pg. 569 Public Hearing – Street Vacation Proposed Vacation of a portion of E Drake Drive – Plat Map   Packet Pg. 570 Public Hearing – Street Vacation AERIAL VIEW Proposed Vacation - Portion of E Drake Drive   Packet Pg. 571 Public Hearing – Street Vacation •Proposed street vacation is consistent with general plan. •Planning Commission concludes proposed vacation is categorically exempt from CEQA and there is no significant impact on environment. •Utility Companies notified – Frontier Communications and Southern California Edison easements will be preserved. •Notice of this hearing was posted and published; and mailed to surrounding property owners within one thousand (1,000) feet of the proposed vacation.   Packet Pg. 572 Questions?   Packet Pg. 573 1 1 2 2 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor’s Office Subject:Presentation of Sustainable Renewable Green Energy Initiative – The AWE System – Mayor Tran   Packet Pg. 574 1 1 2 2 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:To consider formalizing an annual partnership with San Bernardino Valley College and CBOs who host the annual Juneteenth event with financial support up to $50,000 (Ward 3) – Council Member Reynoso   Packet Pg. 575 1 1 4 9 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:February 15, 2023 To:Honorable Mayor and City Council Members From:Damon L. Alexander, Council Member, 7th Ward Department:Council Office Subject:State of Emergency: Duties, Powers and Responsibilities of the Mayor's Office and Council (All Wards) – Council Member Alexander   Packet Pg. 576