Loading...
HomeMy WebLinkAbout07-03-2024 Agenda Packet 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, JULY 03, 2024 3:00 PM ­ CLOSED SESSION 5:00 PM ­ OPEN SESSION FELDHEYM CENTRAL LIBRARY 555 West 6th Street • 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 Rochelle Clayton COUNCIL MEMBER, WARD 2 ACTING 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 ACCOMMODATIONS 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. Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor Helen Tran Acting City Manager Rochelle Clayton City Attorney Sonia Carvalho City Clerk Genoveva Rocha 3:00 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION p. 11 Recommendation: (A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Juanita Martinez v. The Home Depot, et al., San Bernardino Superior Court, Case No. CIVDS1936862 ii. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVDS2003802 iii. Tyson et al. v. City of San Bernardino, et al., United States District Court, Central District Case No. 5:23­cv­01539 TJH (KKx) iv. Sharon Bailey v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVSB2216529 v. Steve Carrigan v. City of San Bernardino and Kimberly Calvin, Superior Court of the County of San Bernardino Case No. CIV SB 2419810 (B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): i. Notice of Claim, Asa Carraway, dated January 12, 2024, Claim No. GHC0066973 (C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS i. Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC) City Negotiator: City Manager or Designee Negotiating Parties: El Corte Ingles Under Negotiations: Price and Terms of Exclusive Negotiating Agreement ii. Property: Lutheran Social Services Site, 1354 N. G Street, San Bernardino, CA 92405 (APN 0145­193­07, 08, 10, and 22) City Negotiator: City Manager or Designee Negotiating Parties: Lutheran Social Services Under Negotiations: Price and Terms of Easement Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 3 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE PRESENTATIONS 1. Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2024 (All Wards) p. 13 APPOINTMENTS 2. Parks, Recreation and Community Services Commission Appointment of Travon Martin (Mayor’s Appointment) (All Wards) p. 16 PUBLIC HEARING 3. Appeal 24­02 of Appeal 24­01 for Development Permit Type­D 21­18, 19, 20, and 21 (Ward 3) p. 25 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: adopt Resolution No. 2024­145 denying Appeal 24­02, thereby upholding the Planning Commission’s denial of Appeal 24­01 for Development Permit Type­D 21­18, 19, 20, and 21, which upholds the Development and Environmental Review Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit Type­D 21­18, 19, 20, and 21, allowing the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres within the Commercial Regional (CR­3) zone. CONSENT CALENDAR 4. Approval of Various Mayor and City Council Meeting Minutes p. 429 Recommendation: It is recommended that the City Council approve the minutes for the following meeting dates: 1. May 18, 2022, Regular Meeting of the Mayor and City Council 2. May 15, 2024, Regular Meeting of the Mayor and City Council 5. Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) p. 464 Recommendation: Adopt Resolution No. 2024­144 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the cost recovery of public nuisance abatements. Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 4 6. Investment Portfolio Report for April 2024 (All Wards) p. 503 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April 2024. 7. Approval of Commercial and Payroll Disbursements (All Wards) p. 535 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May 2024. 8. Professional Services Agreements for Workers' Compensation Legal Services (All Wards) p. 649 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute professional services agreements with the Hanna, Brophy, MacLean, McAleer & Jensen, Black & Rose and Goldman, Magdalin & Straatsma for Workers' Compensation Legal Services. 9. Agreement with Selman Chevrolet and West Coast Lights and Sirens for vehicle purchase and build out (All Wards) p. 722 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the following: 1. The City Manager or designee, to execute a Goods Purchasing Agreement with Selman Chevrolet. 2. The Director of Finance and Management Services issue a purchase order to Selman Chevrolet in an amount not to exceed $115,770.38. 3. The Director of Finance and Management Services issue a purchase order to West Coast Lights and Sirens Inc., in an amount not to exceed $20,976.98. 10. Resolution List of Projects under SB1 2024/2025 Road Maintenance Program; and Authorizing the Director of Finance to Amend the FY 2024/25 Capital Improvement Plan, Recording Supplemental Appropriations (All Wards) p. 742 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Adopt Resolution No. 2024­146 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2024/25 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and 2. Adopt Resolution No. 2024­147 authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan, recording supplemental appropriations: a. In the amount of $5,787,126.00 in SB1 Fund and $1,355,877.50 in Gas Tax Fund, for a total additional appropriation of $7,143,003.50 for Street Rehabilitation Phase 1­ 14 Locations Project (Project No. 13630). Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 5 11. Award of Agreement for Construction of the Cross Street Bridge Replacement and Fairfax Elementary School Playground Restoration (Ward 2) p. 755 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024­148: 1. Approving the award of an Agreement with Jilk Heavy Construction, Inc. in the amount of $2,945,503.50 for Cross Street Bridge Replacement and Fairfax Elementary School Playground Restoration (Project); and 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $467,440.78 for construction of the Project; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $2,700,000 from the General Fund to bring the total project budget to $3,412,944.28; and 4. Authorizing the City Manager or designee to execute all documents with Jilk Heavy Construction, Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). 12. Award of Agreement for Construction of Speicher Park­ East Side Skate Park (Ward 2) p. 919 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024­149: 1. Approving the award of an Agreement with Grindline Skate Parks, Inc. in the amount of $1,031,932.88 for Speicher Park­ East Side Skate Park (Project); and 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $155,847.12 for construction of the Project; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $415,000 from the AB 1600 Parkland and Op Fund to bring the total project budget to $1,187,780.00; and 4. Authorizing the City Manager or designee to execute all documents with Grindline Skate Parks Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 6 13. Relinquishment of Dement Street (Ward 5) p. 1091 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024­150, accepting title, control, and maintenance of a reconstructed portion of Dement Street upon relinquishment by the State of California and receipt of written notices from the State that work thereon has been completed. DISCUSSION 14. Adopt Resolution Establishing the Homeless Initiatives Ad Hoc Sub­Committee (All Wards) p. 1111 Recommendation: Adopt Resolution No. 2024­141 of the Mayor and City Council of the City of San Bernardino, California, establishing the Homeless Initiatives Ad Hoc Sub­Committee. 15. Consideration of the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (All Wards) p. 1120 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­111; 1. Approving the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on July 17, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the July 3, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, June 28, 2024. I declare under the penalty of perjury that the foregoing is true and correct. Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 7 NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 8 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. Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 9 ALTERNATE MEETING VIEWING METHOD: If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3). https://reflect­sanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup . 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: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting. MEETING TIME: NOTE: Pursuant to Resolution No. 2024­029, adopted by the Mayor and City Council on February 21, 2024: “Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.” Regular Meeting Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page. 10 This page was intentionally left blank. 2 2 2 0 CLOSED SESSION City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Sonia Carvalho, City Attorney Department:City Attorney Subject:CLOSED SESSION Recommendation: (A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Juanita Martinez v. The Home Depot, et al., San Bernardino Superior Court, Case No. CIVDS1936862 ii. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVDS2003802 iii. Tyson et al. v. City of San Bernardino, et al., United States District Court, Central District Case No. 5:23-cv-01539 TJH (KKx) iv. Sharon Bailey v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVSB2216529 v. Steve Carrigan v. City of San Bernardino and Kimberly Calvin, Superior Court of the County of San Bernardino Case No. CIV SB 2419810 (B)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): i. Notice of Claim, Asa Carraway, dated January 12, 2024, Claim No. GHC0066973 (C)CONFERENCE WITH REAL PROPERTY NEGOTIATORS i. Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC) City Negotiator: City Manager or Designee Negotiating Parties: El Corte Ingles       Packet Page. 11 2 2 2 0 Under Negotiations: Price and Terms of Exclusive Negotiating Agreement ii. Property: Lutheran Social Services Site, 1354 N. G Street, San Bernardino, CA 92405 (APN 0145-193-07, 08, 10, and 22) City Negotiator: City Manager or Designee Negotiating Parties: Lutheran Social Services Under Negotiations: Price and Terms of Easement Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text.       Packet Page. 12 PRESENTATIONS City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2024 (All Wards)       Packet Page. 13 4 9 4 6 A PROCLAMATION OF THE MAYOR AND CITY COUNCIL PROCLAIMING JULY 2024, AS PARKS AND RECREATION MONTH IN THE CITY OF SAN BERNARDINO WHEREAS parks and recreation is an integral part of communities throughout this country, including the City of San Bernardino; and WHEREAS parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS parks and recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimers; and WHEREAS parks and recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and WHEREAS parks and recreation is a leading provider of healthy meals, nutrition services and education; and WHEREAS park and recreation programming and education activities, such as out-of- school time programming, youth sports and environmental education, are critical to childhood development; and WHEREAS parks and recreation increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and recreation is fundamental to the environmental well-being of our community; and WHEREAS parks and recreation is essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and       Packet Page. 14 4 9 4 6 WHEREAS the City of San Bernardino recognizes the benefits derived from parks and recreation resources. NOW, THEREFORE, BE IT RESOLVED THAT, by the Mayor and City Council of the City of San Bernardino that July is recognized as Parks and Recreation Month in the City of San Bernardino. Presented on the 3rd day of July 2024       Packet Page. 15 APPOINTMENTS City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Parks, Recreation and Community Services Commission Appointment of Travon Martin (Mayor’s Appointment) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Travon R. Martin to the Parks, Recreation and Community Services Commission representing the Mayor’s appointment. Travon R. Martin will replace Nohemi Lopez with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Executive Summary It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Travon R. Martin to the Parks, Recreation and Community Services Commission. Background The Parks, Recreation and Community Services Commission was established by Resolution No. 2018-47 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to pertaining to parks, recreation, youth and senior affairs within the City. Appointees to the commission must have relative experience or knowledge in the area of parks, recreation services, youth and senior services or other areas which relate to the mission and purpose of the Commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.       Packet Page. 16 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2 Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Travon R. Martin to the Parks, Recreation and Community Services Commission representing the Mayor’s appointment. Attachments Attachment 1 – Commission application – Travon R. Martin Attachment 2 – Resolution No. 2018-47 Ward: All Wards Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-47 establishing the Parks, Recreation and Community Services Commission was adopted.       Packet Page. 17       Packet Page. 18       Packet Page. 19       Packet Page. 20       Packet Page. 21       Packet Page. 22       Packet Page. 23       Packet Page. 24 2 0 5 8 Public Hearing City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Gabriel Elliott, Director of Community Development and Housing Department:Community Development & Housing Subject:Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: adopt Resolution No. 2024-145 denying Appeal 24-02, thereby upholding the Planning Commission’s denial of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21, which upholds the Development and Environmental Review Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit Type-D 21-18, 19, 20, and 21, allowing the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres within the Commercial Regional (CR-3) zone. Executive Summary Appeal 24-02 is an appeal of Appeal 24-01 appealing DERC Permit Type-D 21-18, 19, 20, and 21, approved at the regular meeting of the DERC on February 14, 2024. The project is located within the Commercial Regional (CR-3) zone and consists of the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres, along with the adoption of the Mitigated Negative Declaration. Staff is recommending denial of AP 24-02, thereby upholding the Planning Commission’s denial of AP 24-01 which upholds the DERC’s adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit Type-D 21-08, 19, 20, and 21.       Packet Page. 25 2 0 5 8 Background On March 16, 2023, Development Permit Type-D 21-08, 19, 20, and 21 was submitted and received by staff for a request to allow the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres (the project). On February 14, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedures) of the City of San Bernardino Development Code, the City of San Bernardino’s DERC held a duly noticed public hearing for Development Permit Type-D 21-18, 19, 20, and 21 for the project in conjunction with the adoption of an Initial Study/Mitigated Negative Declaration (IS/MND) per the State CEQA guidelines. During the duly noticed public hearing, staff presented the proposals for Development Permit Type-D 21-18, 19, 20, and 21 to D/ERC, and read into the record the letter received in opposition to the project as submitted by Supporters Alliance for Environmental Responsibility (SAFER), opposing the Mitigated Negative Declaration prepared for the project. Additionally, letters of opposition to the project were also submitted by Melvin E. Norman of the Inland Empire Biking Alliance and Shawn Smallwood, Biologist with SAFER. After public testimony, the DERC voted to approve the project based on the Finding of Facts, recommended Conditions of Approval, and CEQA determination. The motion to approve was made by Mina Bishara and seconded by Ryan Castillo. The motion carried the following vote: Ayes: Bishara, Jabsheh, Sepulveda, Lindberg, Castro, Markloff Nays: None Abstain: None Absent: None On February 27, 2024, the appellant SAFER filed Appeal 24-01 appealing DERC’s decision to the Planning Commission. On April 9, 2024, the Planning Commission considered the request for Appeal of the project including the adoption of the IS/MND per the State CEQA Guidelines. After public testimony, the Planning Commission voted to adopt Resolution 2024-014 denying Appeal 24-01 and approving the project based on the Finding of Facts and recommended Conditions of Approval and upheld the DERC’s approval of Development Permit Type-D 21-18, 19, 20, and 21 and the MND. The Motion to approve was made by Orlando Garcia and seconded by Ivan Garcia. The motion carried by the following vote: Ayes: Lopez, I. Garcia, Sherrick, O. Garcia Nays: Armstead, Flores Abstain: None       Packet Page. 26 2 0 5 8 Absent: Quiel, Lewis III On April 22, 2024 the appellant SAFER filed Appeal 24-02 appealing the Planning Commission’s denial of Appeal 24-01 to the City Council. Discussion Appeal Grounds: The appeal is based on a perceived fair argument that the project may have adverse environmental impacts that have not been analyzed and mitigated. Appellant’s Letter dated December 13, 2023, is attached (Attachment E: Via hyperlink). The Appellant requests that the City of San Bernardino withdraw the IS/MND and project approvals and instead prepare an Environmental Impact Report for the project pursuant to the California Environmental Quality Act (CEQA). The Applicants Response to Appellants comments: The project proponent, Hardt and Brier Business Park, provided a response to the appeal. Hardt and Brier stated that the project underwent an environmental review process as per the California Environmental Quality Act (CEQA), resulting in a Mitigated Negative Declaration (MND) due to findings of less than significant environmental impacts. They stated that substantial evidence, as defined by CEQA, did not support significant environmental effects from the project, negating the need for an Environmental Impact Report (EIR). Hernandez Environmental Services (HES), representing the project proponent, responded to SAFER’s comments by noting that the species listed in their study lacked specific location data, rendering the evidence unreliable for the project site’s habitat assessment. Furthermore, the avian species observed, including the California gull, Red-tailed hawk, and California horned lark, do not hold official state or federal endangered statuses, and the proposed mitigation measures were deemed sufficient to reduce potential impacts to a less than significant level. Project Analysis: The Hardt and Brier Business Park Project proposes four buildings (A, B, C, D1-D2) on a combined 4.81 acres of land. All buildings are single-story service commercial buildings with varying footprints and total areas: •Building A: Located in the northwest, it has a total area of 17,783 SF (including 1,269 SF mezzanine space) on 1.25 acres. It has a floor area ratio (FAR) of 0.33 and a maximum height of 40 feet. •Building B: Located in the northeast, it has a total area of 17,586 SF (including 1,286 SF mezzanine space) on 1.30 acres. It has a FAR of 0.31 and a maximum height of 38 feet 4 inches.       Packet Page. 27 2 0 5 8 •Building C: Located centrally, south of Hardt Street, it has a total area of 18,323 SF (including 1,275 SF of mezzanine space) on 1.24 acres. It has a FAR of 0.32 and a maximum height of 40 feet. •Building D1 and D2: Located in the southeast, it has a total area of 13,759 SF on 1.02 acres. It has a FAR of 0.31 and a maximum height of 31 feet 8 inches. The buildings are designed with an open campus concept to avoid an institutional presence. The proposed Project would establish a quality architectural poise through emphasis on building finish materials and consistent material usage and color scheme. The proposed concrete tilt-up buildings would be beige and white with dark gray accents. Cutouts and decorative window facades would be installed to create variety in scale and texture. Each building is set back from the street and property lines, with frontages oriented towards Hardt Street or East Brier Drive. The project is designed to accommodate commercial service uses. Buildings A, B, C, D1, and D2 in the Hardt and Brier Business Park Project will have dedicated access drives and parking spaces, including ADA, clean air vehicle spaces, and bicycle parking. Buildings A and B will share an access drive off Hardt Street, while Buildings C, D1, and D2 will have their own access drives. The project will utilize Assembly Bill 2097 to reduce parking requirements due to its proximity to public transit. A traffic study indicates that the project will not significantly impact key intersections or vehicle miles traveled. Landscaping will cover approximately 24% of the site, exceeding the 15% requirement, and will include various trees, shrubs, and groundcover. Opaque screens and 6-foot tall screen walls will be installed for privacy and spatial separation. The project is designed to be in compliance with the City of San Bernardino Development Code. Although Development Permit Type-D 21-18, 19, 20, and 21 were approved separately, their abutting location raised concerns about cumulative impact. The combined parcels triggered the need for an Initial Study under the California Environmental Quality Act, and staff required this study due to the project’s substantial size and potential impacts on the surrounding area. The CEQA Document was prepared by a licensed professional consultant E.P.D. Solutions and resulted in proper mitigation for the project. Being that the Mitigated Negative Declaration was adopted for all four (4) of the projects, in the case the Mitigated Negative Declaration is invalidated, then all four of the projects would also be invalidated and the appeal upheld. 2021-2025 Strategic Targets and Goals The proposed project aligns with the Mayor and City Council 2020-2025 Key Strategic Targets and Goals as follows: Economic Growth and Development The proposed development will create an economic benefit to the surrounding businesses by developing an underutilized parcel that has been designed to achieve       Packet Page. 28 2 0 5 8 visual interest and clean landscaping which will result in an attractive project that compliments the surrounding commercial developments. Fiscal Impact There is no fiscal impact to the General Fund associated with this report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: adopt Resolution No. 2024-151 denying Appeal 24-02, thereby upholding the Planning Commission’s denial of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21, which upholds the Development and Environmental Review Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit Type-D 21-18, 19, 20, and 21, allowing the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres within the Commercial Regional (CR-3) zone. Attachments Attachment 1 Resolution No. 2024-145 (Denial of AP 24-02) Attachment 2 Resolution No. 2024-145 (Exhibit “A” Project Plans) Attachment 3 Resolution No.2024-145 (Exhibit “B” Mitigation Monitoring Reporting Program) Attachment 4 Executed Planning Commission Resolution No. 2024-014 (Denial of Appeal 24-01) Attachment 5 Executed Development and Environmental Review Committee Resolution No. 2023-044 through 47 (Approval of Development Permit Type-D 21-18, 19, 20, and 21. Attachment 6 Presentation Attachment 7 Newspaper Publication Attachment 8 Appellant comments-applicants response to comments Ward: Third Ward Synopsis of Previous Council Actions: None       Packet Page. 29 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 1 of 28 RESOLUTION NO. 2024-145 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO CALIFORNIA DENYING APPEAL 24-02, THEREBY UPHOLDING THE PLANNING COMMISSION’S DENIAL OF APPEAL 24-01, THEREBY UPHOLDING THE DEVELOPMENT AND ENVIRONMENTAL REVIEW COMMITTEE’S ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION AND MONIRORING REPORTING PROGRAM AND APPROVAL OF DEVELOPMENT PERMIT TYPE-D 21- 18, 19, 20, AND 21 ALLOWING THE DEVELOPMENT AND ESTABLISHMENT OF FIVE (5) SERVICE COMMERCIAL BUILDINGS. TOTALING APPROXIMATELY 67,451 SQUARE FEET ON SEVERAL APNS FOR A COMBINED 5.81 ACRES LOCATED WITHIN THE COMMERCIAL REGIONAL (CR-3) ZONE, WARD 3. WHEREAS, on March 16, 2023, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code, an application for Development Permit Type-D 21-18, 19, 20, and 21 was duly submitted by: Property Owner: Michael D Gay Separate Property Trust 9747 Business park Avenue Ste 222 San Diego, CA 92131 Project Applicant: Hamann Construction 1000 Pioneer Way El Cajon, CA 92020 Project Appellant: Supporters Alliance for Environmental Responsibility 1123 Park View Drive Covina, CA 91724 APN: 0281-301-17 and 0281-311-06, 07, 08, 11, 12, 18, and 19 Lot Area: 5.81 acres combined WHEREAS, on February 14, 2024, pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Development and Environmental Review Committee held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-D 21-18, 19, 20, and 21, and at which meeting the Development and Environmental Review Committee considered the Mitigated Negative Declaration and Development Permit Type-D 21-18, 19, 20, and 21; and       Packet Page. 30 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 2 of 28 WHEREAS, during the said duly noticed public hearing, public SAFER expressed comments in opposition of Development Permit Type-D 21-18, 19, 20, and 21; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Development and Environmental review Committee has the authority to take action on Development Permit Type- D 21-18, 19, 20, and 21 and approved Development Permit Type-D 21-18, 19, 20, and 21 to allow for the development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined acreage of 5.81; and WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee held on February 14, 2024, the Development and Environmental Review Committee approved Development Permit Type-D 21-18, 19, 20, and 21 to allow for the development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres; and WHEREAS, on February 27, 2024, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the City received an application for Appeal 24-01 for the decision taken by the Development and Environmental Review Committee approving Development Permit Type-D 21-18, 19, 20, and 21; and WHEREAS, On April 9, 2024 the Planning Commission considered the request for Appeal 24-01 of Development Permit Type-D 21-18, 19, 20, and 21, and the Initial Study/Mitigated Negative Declaration per the State CEQA guidelines and approved the project based on the Finding of Facts and recommended Conditions of Approval; and WHEREAS, on April 24, 2024, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the appellant SAFER submitted an application for Appeal 24-02, appealing the decision made by the Planning Commission to deny Appeal 24-01; and WHEREAS, on June 20, 2024, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and mailed notices to property owners and occupants of property within 1,000 feet of the project site of a public hearing at which Appeal 24-02 would be considered; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 24-02. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:       Packet Page. 31 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 3 of 28 SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Compliance with the California Environmental Quality Act: As the decision-making body for the project, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as follows: (1) The environmental impacts of this project were previously analyzed in the Mitigated Negative Declaration certified on November 1, 2023 in conjunction with the approval of Development Permit Type-D-21-18, 19, 20, and 21 on December 13, 2023; and (2) The Mitigated Negative Declaration contains a complete and accurate reporting of the environmental impacts associated with the project; and (3) The Mitigated Negative Declaration was completed in compliance with CEQA and the Guidelines promulgated thereunder; and (4) The Mitigated Negative Declaration reflects the independent judgment of the Mayor and City Council; and (5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed within the Mitigated Negative Declaration, and all mitigation measures previously certified with the Final Environmental Impact Report are incorporated herein by this reference. SECTION 3. Findings of Fact- Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21: Pursuant to Section 19.44.040 (Findings) of the City of San Bernardino Development Code Development Permit applications are required to meet certain findings prior to the approval by the Mayor and City Council. Accordingly, the following findings are provided in support of the approval of Development Permit Type-D 21-18, 19, 20, and 21: Finding No. 1:The proposed developments are permitted within the subject zoning district and comply with all of the applicable provisions of the Development Code, including prescribed development/site standards and any/all applicable design guidelines; Finding of Fact:Pursuant to Section 19.06.020 of the City of San Bernardino Development Code, commercial buildings are permitted within the Commercial Regional-3 (CR-3) zone subject to approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. The       Packet Page. 32 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 4 of 28 proposed project consists of the development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres, along with the construction of the required on-site and off-site improvements within the Commercial Regional (CR-3) zone is consistent with the permitted uses and the project will be conditioned to meet all applicable development and site standards. Finding No. 2:The proposed development is consistent with the General Plan. Finding of Fact:General Plan Land Use Policy 2.4 actively seeks to “Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development”. General Plan Goal 4.1.1 “Encourages economic activity that proactively seeks out and retains businesses that create jobs and generate sales tax revenue”. the development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres along with the construction of the required on-site and off-site improvements would allot employment for San Bernardino residents and create tax revenue from new businesses for the City of San Bernardino. Additionally, the proposed projects are permitted within the Commercial Regional-3 (CR-3) zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and CEQA determination. The project is consistent with the Commercial land use designation set forth by the General Plan Land Use Map. Finding No. 3 The proposed development would be harmonious and compatible with existing and future developments within the zone and general area, as well as with the land uses presently on the subject property. Finding of Fact:The proposed development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres would be harmonious and compatible with existing and future developments within the Commercial Regional-3 (CR-3) zone and the surrounding area. The scale and density of the proposed development is similar to that of the existing commercial development in the area and it conforms to the development standards of the commercial zone. Since the proposals are consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed commercial building. Finding No. 4 The approval of the Administrative or Development Permit for the proposed development is in compliance with the requirements of the       Packet Page. 33 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 5 of 28 California Environmental Quality Act and Section 19.20.030(6) of the Development Code. Finding of Fact:In accordance with Section 15074 of the California Environmental Quality Act (CEQA), a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with Development Permit Type-D 21-18, 19, 20, and 21 for the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres. Finding No. 5:There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact:In accordance with Section 15074 and Section 15097 of the State California Environmental Quality Act (CEQA) Guidelines, a Final Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with Development Permit Type-D 21-18, 19, 20, and 21. The location and operating characteristics of the proposed projects will be consistent with all provisions of the Development Code and compatible with the existing and future commercial land uses within the surrounding area. The proposals would not create conditions that may be objectionable or detrimental to other permitted uses in the vicinity as the proposal will be consistent with the Commercial Regional-3 (CR-3) zone. Moreover, the projects will provide positive enhancement to the on- site landscaping and parking lot, helping to revitalize the underused property. Therefore, no land use conflict or adverse effects on public health, safety or welfare are anticipated to result from establishment of the proposed land uses. Finding No. 6:The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact:The proposed projects will consist of the construction of five (5) new speculative business park/service commercial buildings and related improvements on eight (8) separate parcels that are abutting. Proposed Building A will be centered on Lot 29 and Lot 30 and consists of 1.25 acres. Building A proposes a total of 17,783 square feet which is inclusive of a 1,269 square foot mezzanine with an entry that faces Hardt Street. Building “A” will be accessible via two 26-foot access drives which will be provided via Hardt Street and provide 43 parking spaces.       Packet Page. 34 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 6 of 28 Building B proposes a total of 17,586 square feet which is inclusive of a 1,286 square foot mezzanine with an entry that faces Hardt Street. Building B will be accessible via two 26-foot access drives which will be provided via Hardt Street and provide 43 parking spaces. Building A and B will share the second access drive off Hardt Street. Proposed Building C will be centered on Lot 24 and Lot 25, which consists of 1.24 acres and proposes a total of 18,323 square feet which is inclusive of a 1,275 square foot mezzanine and an entry that faces Hardt Street. Building C will be accessible via two (2) 30-foot access drives which will be provided via Hardt Street and provide 46 parking spaces. Proposed Buildings D1 and D2 will be centered on Lot 17 and Lot 18, which consists of 1.02 acres with an entry that faces Hardt Street and will provide 81 parking spaces. All five (5) service commercial buildings will have a truck well (loading space) that is proposed to the rear of the building and associated ADA parking, clean air vehicle spaces, bicycle parking, and landscaping throughout the site. The project aims to use Assembly Bill 2097 which was approved in September 2022 to reduce the number of parking spaces that are required as the site is located within ½ mile of public transit as defined by the bill. Finding No. 7:There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Finding of Fact:There are existing commercial structures already served by a full range of public services and utilities. Establishment of the proposed projects, subject to Conditions of Approval, will not be detrimental to public services or public health and safety. Finding No. 8: The location, size, design, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The proposed use is similar in nature and operating characteristics to the existing uses in the surrounding area. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures contained within the Mitigation Monitoring and Reporting Program, will ensure that the proposals will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be contrary to the public interest, health, safety, convenience or welfare of the City. The location, size, design, and       Packet Page. 35 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 7 of 28 character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 4.Conditions of Approval for Development Permit Type-D 21-18, 19, 20, and 21: The approval of Development Permit Type-D 21-18, 19, 20, and 21 shall be subject to the following Conditions of Approval: 1. This approval is to allow the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 5.81acres. Building “A” is located on the north side of E. Hardt Street 1,090 feet west of S. Tippecanoe Avenue at APNs: 0281-301-17 and 0281-311-08. Building's “B” through “D2” are all located on the north side of E. Brier Drive and E. Hardt Street, west of Tippecanoe Avenue, South of the BNSF Railroad and East of S Gifford Avenue APNs: 0281-311-06, 07, 11, 12, 18, and 19 within the Commercial Regional (CR-3) zone, Ward 3. 2. The project site shall be developed and maintained in accordance with the plans stamped July 3, 2024 (EXHIBIT “A”), approved by the City, which includes a complete set of plans on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations. 3. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: July 3, 2026 4. The review authority may, upon application being filed thirty (30) days prior to the expiration date of Development Permit Type-D 21-18 and for good cause, grant a time extension not to exceed twelve (12) months. The review authority shall ensure that the project complies with all current Development Code provisions. 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards, or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and       Packet Page. 36 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 8 of 28 expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. 6. Commercial and public parking areas abutting residentially designated property shall have a 6-foot high solid architecturally treated decorative masonry wall approved by the Director. All wall treatments shall occur on both sides. 7. Any proposed fencing with roll away gate shall provide access by means of gate key, code, or remote. 8. Landscaping shall conform to that shown on final submitted landscape plans approved on July 3, 2024. A landscape plan shall be submitted to the Planning Division and the Land Development Division, prior to the issuance of grading permits. 9. All parking areas shall provide 25% permanent shading for parked vehicles. Any reasonable combination of shading methods can be utilized. If trees are used, they may not thereafter be trimmed so as to reduce the effectiveness of their shading ability. 10. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. Vandalism, graffiti, trash, and other debris must be removed within 24 hours of being reported. 11. Service and associated truck storage areas shall be completely screened from public view. 12. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys. 13. The premises shall always be kept in a neat and orderly condition. 14. Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g. planting, paving or construction) will occur as soon as possible after grading. 15. It shall be unlawful for the driver, owner or operator of any commercial vehicle having a manufacturer’s Gross Vehicle Weight rating (GVWR) exceeding 10,000 pounds to park, or cause to be parked, except for the immediate loading and unloading of goods, any such vehicle upon any public street, or alley, or on any residentially zoned property, within any residential land use district in the City. This prohibition shall not apply to construction sites during the construction process or to recreational vehicles. 16. No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. A Traffic Safety Sight Area is a triangular portion of a lot formed by three distances measured along and/or perpendicular to property lines at the intersection of two street rights-of-way or at intersections of driveways, parking entrances, and alleys with a street right-of-way.       Packet Page. 37 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 9 of 28 17. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer. 18. The applicant/property owner must sign and have notarized an affidavit acknowledging acceptance of the conditions of approval and return it to the Planning Division within thirty (30) days of the effective date of this approval. 19. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Works Department, and the City Clerk’s Office/Business Registration Division. 20. This approval shall comply with the requirements of other outside agencies (i.e. Caltrans, San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 21. All Landscaping shall comply with the provisions set forth in Section 19.28 of the City of San Bernardino Development Code. 22. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced. 23. The landscaping plan shall provide for a variety of plant materials, with an emphasis on drought tolerant species, appropriate for the local environment and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping. 24. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to ¾-inch plywood). The barrier shall be of a continuous material which is resistant to sound including: Masonry block, 2. Precast concrete 3, earth berm or a combination of earth berm with block concrete. 25. No use shall emit any obnoxious odor or fumes. 26. Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground. 27. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant must submit an application for approval by the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained.       Packet Page. 38 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 10 of 28 28. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at, the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. 29. The project shall comply with all applicable requirements of the City of San Bernardino Community Development Department, Land Development and Building & Safety Divisions, Fire Department, Police Department, Municipal Water Department, Public Works Department, and the City Clerk’s Office/Business Registration Division. 30. Submittal requirements for permit applications with the Building and Safety Division shall include all Conditions of Approval issued with this approval, printed on the plan sheets. 31. No final Certificate of Occupancy will be issued until all conditions of approval have been completed. 32. These are service commercial buildings, and all land uses shall be as such. All land uses shall adhere to the standards for the Commercial Regional-3 (CR-3) zone found within Chapter 19.06 Table 06.01 (Commercial Zones list of Permitted, Development Permitted, and Conditionally Permitted Uses) Page 5 of the City of San Bernardino Development Code. Consolidated Public Works Division 33. Drainage and Flood Control a. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b. If site drainage is to be discharged into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. c. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been approved. d. A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP is required prior to grading permit issuance. e. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the State Water Resources Control Board (SWRCB)       Packet Page. 39 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 11 of 28 SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to the City prior to grading permit issuance. f. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. g. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 34. Grading and Landscaping a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b. All existing fencing and walls shall be shown and detailed on the on-site improvement plan. c. Adequate lighting shall be provided for the Easterly and Southerly portion of the project site. d. If more than 50 cubic yards of earth is to be hauled on City Streets, then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e. The site shall be paved with either ACC or PCC (Asphalt or Concrete). f. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. g. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Continuous 6” high curb shall be used around planter       Packet Page. 40 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 12 of 28 areas and areas where head-in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. h. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. i. The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan. j. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. k. Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. l. No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. m. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. n. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. o. A copy of the reciprocal easement shall be submitted to Land Development with formal plan submittal.       Packet Page. 41 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 13 of 28 p. A Lot Merger is required for this project. The Lot Merger shall be recorded prior to Building Permit issuance. The applicant is directed to the City’s web page at www.sbcity.org– Departments – Public Works – Submittal Requirements for submittal requirements. q. The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. r. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. s. All electrical transformers located outdoors on the site shall be screened from view with a solid wall or landscaping and shall not be located in any setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to Section 19.30.110. t. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. u. The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide: •1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and •0.25 foot-candles security lighting during all other hours. 35. Utilities a. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream utility access hole. b. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. c. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions).       Packet Page. 42 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 14 of 28 d. The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. 36. Street Improvement and Dedications a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) From Centerline Curb Line(ft) From Centerline Hardt Street (281-301-17, 0281-311- 06, 07, 08, 11, and 12) 27.5’ Existing 2.5’ Dedication for a total ½ width of 30’ “Local Continuous” 22’ Existing None-Proposed per General Plan Brier Road (Gould Street) (281-311-18, 281-311-19) 40’ Existing 4’ Dedication for a total ½ width of 44’ “Secondary Arterial” 34’ Existing None-Proposed per General Plan b. Hardt Street- T. I=7.5: i. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. ii. The existing curb & gutter panels are in fair condition. If any curb & gutter panels are lifted, cracked, each of the panels shall be replaced per city standards. iii. Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible bypass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. iv. When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”. v. When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb).       Packet Page. 43 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 15 of 28 vi. Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40’ from back of sidewalk, as directed by the Traffic Engineer vii. Remove existing driveways that are not being used under the project plans and replace with Curb Gutter and Sidewalk per city Standards. viii. When Striping, use only thermoplastic paint per Section 84 of Caltrans Specifications. ix. For existing streetlights, Install Solar LED Street Light Heads in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer. x. Appropriate permits from the County of San Bernardino and any other jurisdiction shall be required when adjacent, over, or under any of the Municipalities. xi. Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xii. No Truck Parking will be allowed on Hardt Street, install/replace signs per city standards. xiii. Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. *These Conditions are set for an estimated construction within two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. c. Brier Road- T. I=7.5: xiv. The street is in fair condition and no AC improvements are needed at this time. xv. The area’s damages shall be a full Remove and Replacement (R&R). (including Curb and Asphalt lifted by trees). xvi. When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”.       Packet Page. 44 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 16 of 28 xvii. Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). xviii. Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40’ from back of sidewalk, as directed by the Traffic Engineer xix. When Striping, use only thermoplastic paint per Section 84 of Caltrans Specifications. xx. For existing streetlights, Install Solar LED Street Light Heads in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. xxi. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer. xxii. Appropriate permits from the County of San Bernardino and any other jurisdiction shall be required when adjacent, over, or under any of the Municipalities. xxiii. Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xxiv. No Truck Parking will be allowed on Brier Road, install/replace signs per city standards. d. If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans. d. A Temporary construction encroachment permit from the Public Works Department shall be required for utility cuts into existing streets or any work within the City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. e. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by the Public Works Department.       Packet Page. 45 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 17 of 28 g. The above conditions shall comply with current codes, policies, and standards at the time of construction. h. No Direct Connections to underground Storm Drain Systems or Catch Basins. i. Prior to Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works. j. All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. k. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. l. Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org. 37. Required Engineering Plans i. A complete submittal for plan check shall consist of ▪Street improvement plans (may include streetlights or street lighting may be separate plan). ▪Sewer plans (private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to SBMWD), ▪Storm drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile), ▪Off-site improvement plans ▪Traffic control and ROW Permits ▪Signing and stripping plan (may be on sheets included in street improvement plan), ▪Lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), ▪Grading (may be incorporated into on-site improvement plan), ▪On-site improvement plan and on-site landscaping and irrigation, ▪Water plans (shall be submitted to San Bernardino Municipal Water Department), ▪Other plans as required, piece mill of plans of various types will not be accepted.       Packet Page. 46 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 18 of 28 ▪All required calculations, studies and reports must be included in the initial submittal (including but not limited to, soils report, drainage studies, or structural calculations). ii. All off-site improvement submitted for plan check shall be prepared on the City standard 24” x 36” sheets with a signature block satisfactory to the City Engineer and/or Building Official approval. iii. After completion of the plan checking process, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the city Engineer and/or Building Official for approval. iv. Copies of the Cities design policies, procedures, and standard drawings are available on the cities website at http://www. Sbcity.org no charge or via the front counter at the Public Works Department for a nominal fee. 38. Required Engineering Permits a. Grading permit. b. On-site improvements construction permit (except buildings - see Development Services-Building Division), c. Off-site improvement construction permits. 39. Applicable Engineering Fees a. All plan check; permits, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org 40. Traffic Requirements a. All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. b. In conjunction with standard City of San Bernardino development review procedures, on‐site traffic signing and striping plans should be prepared in accordance with applicable State and Federal standards. c. The final grading, landscaping, and street improvement plans should demonstrate that sight distance standards are met in accordance with applicable City of San Bernardino /California Department of Transportation sight distance standards. d. Payment of applicable of local and regional development impact fees shall be paid to the City of San Bernardino.       Packet Page. 47 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 19 of 28 e.All Public Works offsite Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite Plans. f. All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with the applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. g. In conjunction with standard City of San Bernardino development review procedure, on site traffic signing, and striping plans should be prepared in accordance with the applicable State and Federal standards. 41. Integrated Solid Waste Management a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated 8/1/23 identifies the development and establishment of five (5) service commercial buildings. The project site is located on the north side of E. Hardt Street, west of Tippecanoe Avenue. c. Burrtec Waste Comments: Project Description: •Building A- 17,783 square foot industrial building. •Building B-17,586 square foot industrial building. •Building C-18,323 square foot industrial building. •Building D1 and D2-13,759 square foot industrial building combined. Based upon the information provided, the projects meet or exceed Burrtec’s minimum requirements for trash enclosure size, location, and accessibility. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per AB1826. Any changes to the overall project design, enclosure specifications or location, or access may adversely impact Burrtec’s ability to service the project. Any design modifications that could impact Burrtec’s service will be subject to review and approval by Burrtec. Burrtec’s review of this project is limited to determining whether it meets Burrtec’s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to our equipment and personnel and do not pertain to the project’s compliance with applicable federal, state, and local land use and environmental laws, building codes or other applicable government regulations. Any approvals       Packet Page. 48 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 20 of 28 by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project. End of Burrtec Waste Comments. d. Refuse The Site Plan identifies two trash enclosures located on the north and west sides of the building. They are served by a looped driveway with a minimum width of 26 feet. Enclosure details are provided on Sheet DD1.1. Based upon the information provided, the project meets or exceeds Burrtec’s minimum requirements. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per Assembly Bill 1826. e. Refuse enclosures must meet or exceed City Standard Plan 508 Refuse Enclosure 8’- 0”x 15’-0” clear interior dimensions for the container storage area, unless a potential tenant/business is involved in the production, manufacture, distribution, or sale of food products. f. If a potential tenant/business is involved in the production, manufacture, distribution, or sale of food products, participation in a food waste recycling program is required per Assembly Bill 1826. This will require additional space within refuse enclosures for food waste containers. Therefore, enlarge (modify) the refuse enclosures interior dimensions to accommodate the following: Trash – One 4 cubic yard container Mixed Recyclables – One 4 cubic yard container Food Waste – One 2 cubic yard container Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burrtec Waste. g. Provide one refuse enclosure per each potential tenant. h. Contact the Building & Safety Division to determine if any ADA accessibility modifications must be made to the refuse enclosure. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. i. Site Plans shall display clear drive aisle widths. j. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508)       Packet Page. 49 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 21 of 28 k. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City. l. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35- foot long, three-axle collection truck. Collection trucks require a minimum 23-foot interior curb return radius to make a minimum 28-foot turn. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s Truck Turning Radius template may be obtained from the Public Works Department in PDF and CAD. m. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet. n. Hammerhead Turnarounds shall meet or exceed San Bernardino County Fire Protection District Standard Number A-1 Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the City Public Works Department. o. Tenants/Businesses involved in the production, manufacture, distribution, or sale of food products shall participate in a food waste recycling program per Assembly Bill 1826. This will require additional container(s) for food waste. p. As specific tenant(s) have not been identified, consideration should also be given to future tenant(s) waste and recycling needs. These may include trash compactors, cardboard balers, and roll-off boxes. If the building is used for the production, manufacture, distribution, or sale of food products, the tenant(s) shall participate in a food waste recycling program per Assembly Bill 1826. q. If gated, access shall be provided by means of a key, code, or remote. r. Assembly Bill 341 Mandatory Commercial Recycling may apply. s. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. t. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. u. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.       Packet Page. 50 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 22 of 28 Building and Safety Division 42.After the public hearing appeal period ends, applicant shall submit construction plans to the Building and Safety Division for plan check in order to obtain the required building permits. 43. The project shall comply with the California Building Codes as adopted and amended by the City of San Bernardino Municipal Code, Title 15.3. 44. A geotechnical investigation report prepared by a qualified geotechnical engineer is required. The applicant shall submit this report for review and approval prior to the issuance of building permits. 45. The construction drawings require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect. 46. The project shall comply with state and federal disabled access requirements. Consolidated County of San Bernardino Fire District 47. The development shall have a minimum of Two points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. 48. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division. 49. Fire Condition Letters shall expire on the date determined by the Planning Division or Building and Safety. 50. An automatic fire sprinkler system complying with NFPA Pamphlet #13 and Fire Department standards is required. The applicant shall hire a licensed fire sprinkler contractor. The fire sprinkler contractor shall submit plans with hydraulic calculations, manufacturers specification sheets and a letter from a licensed structural (or truss) engineer with a stamp verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design to the Fire Department for approval. The contractor shall submit plans showing the type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal. 51. A letter from a licensed structural (or truss) engineer shall be submitted with an original wet stamp at time of fire sprinkler plan review, verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design.       Packet Page. 51 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 23 of 28 52. A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a licensed fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. 53. Permission to occupy or use the building (Certification of Occupancy or Shell Release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for “fire final”. 54. Building Plans shall be submitted to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. 55. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy. 56. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% -Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. The development shall have a minimum of one points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. (County Ordinance #3586. 57. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade for a distance not to exceed five hundred (500) feet. Fire access roadways providing access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet. Grades across the width of a fire access roadway shall not exceed five (5%) percent. In order to accommodate proper angles of approach and departure, gradient shall not exceed five (5%) percent change along any ten (10) foot section. 58. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire apparatus at a minimum of 80K pounds.       Packet Page. 52 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 24 of 28 59. Prior to building permits being issued to any new structure, the primary access road shall be paved or on an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance, and turnouts. 60. Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance, and turnouts. 61. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan. 62. This project requires an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior to any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed. 63. Prior to any land disturbance the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using the California Fire Code. The Fire Flow for this project shall be: 1,750 GPM for a Two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 16,514 sqrft. structure. 64. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure. 65. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job site. 66. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan. 67. An approved Fire Department key box is required. In commercial, industrial, and multi- family complexes, all swing gates shall have an approved fire department Lock (Knox ®). 68. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs, or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.       Packet Page. 53 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 25 of 28 69. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. 70. The applicant shall install Fire Department approved material identification placards on the outside of all buildings and/or storage tanks that store or plan to store hazardous or flammable materials in all locations deemed appropriate by the Fire Department. Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. Any business with an N.F.P.A. 704 rating of 2-3-3 or above shall be required to install an approved key box vault on the premises, which shall contain business access keys and a business plan. 71. Commercial and industrial developments of 100,000 sqrft or less shall have the street address installed on the building with numbers that are a minimum eight (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional nonilluminated address identification shall be displayed on a monument, sign or other approved means with numbers that are a minimum of six (6) inches in height and three-quarter (¾) inch stroke. 72. The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386-8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials. 73. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for “fire final”. 74. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein “Fire Department”. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances, and standards of the Fire Department. 75. Construction permits shall automatically expire and become invalid unless the work authorized such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred within 180 days of any previous inspection. 76. After a construction permit becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.       Packet Page. 54 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 26 of 28 77. A request to extend any permit may be made in writing PRIOR TO the expiration date justifying the reason that the permit should be extended. 78. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department. 79. Where the natural grade between the access road and building is in excess of thirty percent (30%), an access road shall be provided within one hundred and fifty (150) feet of all buildings. Where such access cannot be provided, a fire protection system shall be installed. Plans shall be submitted to and approved by the Fire Department. 80. The applicant shall submit a letter to the Fire Department agreeing to and committing to installation of a fire protection system prior to the building inspection for drywall and insulation. 81. In addition to the Fire requirements stated herein, other onsite and off-site improvements may be required which cannot be determined at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. 82. Any changes to this proposal shall require a new Fire Department condition letter. SECTION 5. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or 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 Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of July, 2024 Helen Tran, Mayor City of San Bernardino       Packet Page. 55 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 27 of 28 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 56 Resolution No. 2024-145 Resolution 2024-145 July 3, 2024 Page 28 of 28 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-145, adopted at a regular meeting held on the 3rd day of July, 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ ______ ______ _______ _______ IBARRA ______ ______ _______ _______ FIGUEROA ______ ______ _______ _______ SHORETT ______ ______ _______ _______ REYNOSO ______ ______ _______ _______ CALVIN ______ ______ _______ _______ ALEXANDER ______ ______ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this _ day of__, 2024. _____________________________ Genoveva Rocha, CMC, City Clerk       Packet Page. 57 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. PLANTED B33 PLANTED A23 SITE A16 A24 A31 A32 A35 A36 A43 B43 B42 B34 B23 PLANTEDA11A15 HARDT ST B22TRASH/ RECYCLEENCLOSURE TRASH/ RECYCLEENCLOSURE 150' FIRE LANETRASH/ RECYCLEENCLOSURE MARK FIRE LANESE GOULD ST PER FIRE DEPARTMENTREQUIREMENTS E BRIER DR PLANTED PLANTEDELECTRICAL CABINET PLANTED TRUCK WELL ( LOADING SPACE)TRUCK WELL ( LOADING SPACE)"LONG TERM"BICYCLE PARKING COULSTON ST ELECTRICALCABINETFIRST FLOORBUILDING B16300 SF NOT A PART "LONG TERM"BICYCLE PARKINGTRASH/ RECYCLE FIRST FLOORBUILDING A16514 SF B11150' FIRE LANEMARK FIRE LANESP R FIRE DEPARTMEREQUIREMENTS A10 ENCLOSURE 500 FESLER ST. SUITE 102PLANTEDPLANTEDEL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 HARRIMAN PL A1 B1BICYCLEPARKING 19' - 0" TYP.PROPOSEDB, F-1, M, S-1 OCCUPANCY BICYCLEPARKING PROPOSEDB, F-1, M, S-1 OCCUPANCY B12 I-10 BICYCLEPARKING 43 PARKING PROVIDED NOTINCLUDING PARKING EASEMENT ONADJACENT LOT 31 FOR BUILDING A 43 PARKING PROVIDED INCLUDINGPARKING EASEMENT FOR 8 CARSON THE ADJACENT LOT 31 BICYCLEPARKING150' FIRE LANEA5 A4 B4 B5MARK FIRE LANESVICINITY MAP PLANTEDPER FIRE DEPARTMENTREQUIREMENTS No. C25315 Ren. 2/28/19 n.t.s. PLANTED PLANTED PLANTED C NEW DRIVEWAYNEW DRIVEWAY TRANSFORMER NEW DRIVEWAY S S SSSSS NEW DRIVEWAY NEW DRIVEWAY PLANTED FIRST FLOORBUILDING C17048 SF OVERALL SITEPLAN STUB CONDUIT FORFUTURE CHARGINGSTATION PER C1 C42CALGREEN 5.106.5.3.BICYCLEPARKING BICYCLEPARKING CLEAN AIR/VANPOOL/EV TRASH/ RECYCLEENCLOSURE PROPOSEDB, F-1, M, S-1 OCCUPANCY TRASH/ RECYCLEENCLOSURE 5-20-19Project NumberDRAWN BY: AuthorCHECKED BY:Checker P1" =R30'-O0" JECT SCOPE DATE:JOB NO: CLEAN AIR/VANPOOL/EV CLEAN AIR/VANPOOL/EV 46 PARKING PROVIDED ELECTRICALCABINET 5 NEW FREESTANDING TILT-UP SHELL BUILDINGS "LONG TERM"BICYCLE PARKING 30' - 0"C5 C38 C46 C45 C43 C44 Revision ScheduleNOT A PART NOT A PART NOT A PART #Date Description10' - 0".SIDE SETBACKC10C33 C11 C19 LOADINGSPACE C25 C32 PLANTED 30 PLANTED LOADINGSPACE LOADINGSPACE13202129 21 20 13 TRASH/ RECYCLEENCLOSURE TRASH/ RECYCLEENCLOSURE 3' - 0"121219' - 0" 8' - 0" 10' - 0"31 30 SETBACKELECTRICALCABINET SETBACK LINENOT A PART NOT A PART NOT A PART BUILDING D213759 SF BUILDING D113759 SFPROPOSED PROPOSEDB, F-1, M, S-1 OCCUPANCY B, F-1, M, S-1 OCCUPANCY TRANSFORMER 19' - 0" 1 26' - 0" 41 40 1TRANSFORMER10' - 4"BICYCLEPARKING PLANTED SCREENING WALL DD0.2 NEW DRIVEWAY NEW DRIVEWAY NEW DRIVEWAY NEW DRIVEWAY "LONG TERM"BICYCLE PARKINGTRASH/ RECYCLEENCLOSURE S S       Packet Page. 58 LEGAL DESCRIPTION OWNER KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. PARCELS 29 & 30 OF PARCEL MAP NO. 5464FILED IN SAN BERNARDING COUNTY OAK PROPERTIES1000 PIONEER WAYEL CAJON, CA. 92020Tel:(619) 440 7424Fax:(619) 440 8914Email:- APN:0281-311-17 & 08 HARDT STREET SHELL ADDRESS: USE:CONTACT:GREGG HAMANN ZONE:TOD CR-3 SITE INFORMATIONSITE AREA:54,315 SF16,514 SF15,030 SF22,771 SF 1.25 ACRESPROPOSED BUILDING COVERAGE:PROPOSED LANDSCAPE AREA:PROPOSED PAVING AREA: 30.4 %27.67 %41.92 % 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182 SHELLTYPE OF DEVELOPMENT:Fax / 619 442 2699SITEPARKING TABULATION No. C25315 Ren. 2/28/19 PARKING PROVIDED:37 STANDARD SPACES PROVIDED0114 COMPACT SPACES PROVIDEDVAN ACCESSIBLE SPACES PROVIDEDACCESSIBLE SPACES PROVIDEDCLEAN AIR VEHICLE SPACES PROVIDED ( 8% of AUTO SPACES MIN.)2 FUTURE E.V. CHARGING STATIONS C 43 TOTAL AUTOMOBILE SPACES PROVIDED2 SHORT TERM BICYCLE SPACES w/ PERMANENTLY ANCHORED RACKS (5% of VISITOR AUTO SPACES MIN.1 LONG TERM BICYCLE SPACE IN LOCKABLE, PERMANENTLY ANCHORED LOCKER (5% ofTENANT/EMPLOYEE AUTO SPACES MIN.) SITE LEGEND- EXISTING WATER SERVICE LINE- EXISTING SEWER SERVICE LATERAL - EXISTING FIRE (WATER) SERVICE LINE - EXISTING IRRIGATION (WATER) SERVICE LINE - EXISTING ELECTRICAL SERVICE LINE - EXISTING GAS SERVICE LINE RAILROADVICINITY MAP N89°47'57"E 580.55'1" = 500'-0" - EXISTING FIRE HYDRANT DATE:JOB NO: 9/31/202118017DRAWN BY: Ken - PROPOSED FIRE HYDRANT- EXISTING POLE MOUNTED LIGHT STANDARD - PROPOSED POLE MOUNTED LIGHT STANDARD CHECKED BY:Checker POST INDICATOR VALVE- POST INDICATOR VALVE Revision Schedule4FIRE DEPARTMENT POINT OF CONNECTION- FIRE DEPARTMENT POINT OF CONNECTION #Date Description15' - 0"SEWER EASEMENT DD1.1 - REDUCED PRESSURE DETECTION ASSEMBLY(RPDA) or DOUBLE CHECK VALVE ASSEMBLY(DCVA) PER JURISDICTION1 - NUMBER OF PARKING- HANDICAP PARKING SYMBOLACCESSIBLE PATH OF TRAVEL NEW PATH OF TRAVEL (P.O.T.) AS INDICATED IS A BARRIER FREE ACCESSROUTE WITHOUT ANY ABRUPT VERTICAL CHANGES EXCEEDING 1/2"BEVELED AT 1:2 MAXIMUM SLOPE, EXCEPT THAT LEVEL CHANGES DO NOTEXCEED 1/4" VERTICAL AND IS AT LEAST 48" WIDE. SURFACE IS SLIPRESISTANT, STABLE, FIRM, AND SMOOTH. CROSS-SLOPE DOES NOTEXCEED 2% AND SLOPE IN DIRECTION OF TRAVEL IS LESS THAT 5% UNLESSOTHERWISE INDICATED. P.O.T. SHALL BE MAINTAINED FREE OFOVERHANGING OBSTRUCTIONS TO 80" MINIMUM (11B-307.2) ANDPROTRUDING OBJECTS GREATER THAN 4" PROJECTION FROM A WALL ANDABOVE 27" AND LESS THAN 80" (11B-307.3). 4 DD1.1 BUILDING A 16' - 0"PROJECT SCOPE A FREESTANDING SPRINKLERED TILT-UP SHELL BUILDINGTHAT WILL BE CAPABLE OF ACCOMMODATING A VARIETY OFUSES, ON APPROXIMATELY1.25 ACRES ENTRY SHEET LIST DDBASINENTRY26' - 0"ENTRY SHEET #SHEET NAME DD1.0 SITE PLANDD1.1DD2.1DD2.2DD2.3DD2.4 SITE DETAILSFLOOR PLANROOF PLANELEVATIONSELEVATIONS N89°47'57"E 651.40'HARDT STREET SITEPLAN DD1.0 0'20'40'80' 1" = 20'-0"       Packet Page. 59 17' - 0"KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 3' - 0"5 BUILDING WALLPER PLAN DD1.1 WHEEL STOP 9' - 0" MIN.5 1/2" THICK CONC.TILT-UP END PANEL6"x6"CONC.CURB 4" WIDE STRIPINGPAINTED WHITEAT EDGE OF 9'- 0" 3C 3 A DD1.1 3' - 0"DD1.1 ACCESSIBLESTALL STRIPING NOTES:•USE 3,000 PSI CONC. w/A.S.T.M. A-615 GR. 60 STEELREINFORCING CROSSHATCHED AREAINDICATED 8" MIN. CONC.PAVING w/ #4 @ 16" O.C.EACH WAY 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182 •ALL EXPOSED METALSHALL BE PRIMED &RECEIVE 2-COATS OFPAINT Fax / 619 442 2699CORREGATED SOLIDMETAL GATES- INSTALLPER SUPPLIERSRECOMMENDATIONSCONC. - FILLED PIPE-(AS REQUIRED) 8' - 0 1/2"8' - 0 1/2"CURB PER NOTE ABOVE 3B DD1.1 1 No. C25315 Ren. 2/28/19 DD1.1 41/4" = 1'-0"DD1.1 C3D JPEG VIEW 1/4" = 1'-0"STRIPING PAINTEDWIDTH PER NOTEABOVEFLOOR PLAN7'-3 1/2" HIGH CORREGATED SOLID METAL GATES w/L2x2x1/4 GATE FRAME and 20 GA. METAL DECK INFILL 'HSS' BEAM PER PLAN TYPICAL STALLw/ OVERHANG METAL CLOSURE @PERIMETER OF ROOF METALSTEEL DECKPER PLAN METAL CLOSURE @PERIMETER OF ROOF CLOSURE@ PERIMETEROF ROOF METAL CLOSURE @ PERIMETER OF ROOF'HSS' BEAM PER PLAN CONC. TILT-UPWALL PANEL 'HSS' POSTPER PLAN WHEEL STOP'HSS' BEAMPER PLAN PROVIDE CONT.ANGLE EMBEDFOR HINGES BUILDING WALLPER PLAN LENGTH 7'-3 1/2" HIGH CORREGATEDSOLID METAL GATES w/L2x2x1/4 GATE FRAME CONC. TILT UPWALL PANEL CONC. TILT-UPWALL PANEL CONC. TILT-UPWALL PANEL PER NOTE ABOVEand 20 GA. METAL DECK INFILLSLOPE 1/8"PER FOOT CONC. SLAB DATE:JOB NO:DRAWN BY: 9/31/202118017Author 3/4" DIA. BOLTLATCH STRIPING PAINTEDWIDTH PER NOTEABOVE CONC. SLAB BOLLARDBOLLARDBOLLARDC5/8" DIA. CANEBOLT @ OPP. FACE B A CHECKED BY:CheckerCONC. FOOTINGPER STRUCT'L. NOTE:SEE EXT. ELEVATIONSFOR PAINT COLOR LEGEND TYPICAL STALLSTRIPING TRASH ENCLOSURE TOBE PAINTED TO MATCHMAIN BUILDING COLOR Revision Schedule35DD1.1 DD1.1 #Date Description1/4" = 1'-0"1/4" = 1'-0"6ELEVATIONSSECTIONDD1.11/8" = 1'-0"PARKING TYPICAL SCREENING WALLNOT TO SCALE DD1.1       Packet Page. 60 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. DD2.4765 4 3 2 1 DD- NORTH- A 190' - 0"46' - 0"17' - 6 1/2"30' - 5 1/2"32' - 4 1/2"15' - 7 1/2"48' - 0" FIRE RISER ROOF LADDER 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 A ELECTRICALCABINET FIRE RISER/TELEPHONE101 No. C25315 Ren. 2/28/19LONG TERM BIKE PARKING C DD2.4 SHELL 100A B DATE:JOB NO: 9/31/202118017DRAWN BY: KenCHECKED BY:CheckerRevision ScheduleDD2.3 #Date Description C E - --- DD- SOUTH- A DD2.3 2DD2.2 0'8'16'32'FIRSTFLOORPLAN SQUARE FOOTAGENameAreaAreaNot Placed0 SF Not Placed DD2.1 BUILDING A01 FIRST FLOOR 16,514 SF16,514 SF 1/8" = 1'-0"       Packet Page. 61       Packet Page. 62 E C B A KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. PARAPET35' - 0"ROOF28' - 11"PARAPET WALL ROOF MOUNTED HVAC EQUIPMENT 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 01 FIRST FLOOR 0"No. C25315 Ren. 2/28/19CSection 11/8" = 1'-0"0'8'16'32' DD2.4765 4 3 2 1 190' - 0" 62' - 10" DD- NORTH- A63' - 6 1/2"63' - 7 1/2" 28' - 11" BOT OF S HTG 29' - 11" T.O.W.A DATE:JOB NO: 9/31/202118017 28' - 11" T.O.W.DRAWN BY: KenCHECKED BY:Checker28' - 11" T.O.W.Revision Schedule#Date Description 33' - 4" T.O.W. 33' - 4" T.O.W. 35' - 0" T.O.W. DD2.4 RIDGE RIDGE B 7' - 6 1/2"8' - 1 1/2"6' - 10"30' - 8" BOT OF S HTG 30' - 8" BOT OF S HTGTYP. U.O.N. DD2.3 C E 0'10'20'40'29' - 6 1/2" BOT OF S HTG NOTE:ROOFTOP EQUIPMENT SHOWEN IS CONCEPTIAL.ACTUAL PLACMENT WILL VARY.ROOFPLANDD- SOUTH- A DD2.21" = 10'-0"DD2.3       Packet Page. 63 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 No. C25315 Ren. 2/28/19C GLASS SYSTEM CONCRETE TILT-UPWALL, PAINTED 2" REVEAL DATE:JOB NO: 9/31/202118017DRAWN BY: Ken TRASHENCLOSURE CHECKED BY:CheckerEXTERIOR PAINT :Revision Schedule#Date DescriptionCOLORS SHALL BE SHERWIN-WILLIAMS PAINT TO MATCHNUMBERS BELOW. A SW 6203 SPARE WHITE STOREFRONT GLAZING WINDOW METAL PERSONNEL DOOR STEEL O.H. DOOR B C SW 7667 ZIRCONDD- EAST- A SW 7669 SUMMIT GRAY1/8" = 1'-0" GLASS SYSTEM GLASS SYSTEM CONCRETE TILT-UPWALL, PAINTED GLASS SYSTEM 2" REVEAL TRASH ENCLOSURE STOREFRONT GLAZING WINDOW 2" REVEALSAT 7" O.C. STOREFRONTGLAZINGDD- SOUTH- A DD2.3 1/8" = 1'-0"       Packet Page. 64 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 No. C25315 Ren. 2/28/19C GLASS SYSTEM CONCRETE TILT-UPWALL, PAINTED GLASS SYSTEM 2" REVEAL TRASHENCLOSURE DATE:JOB NO: 9/31/202118017DRAWN BY: AuthorCHECKED BY:Checker EXTERIOR PAINT :COLORS SHALL BE SHERWIN-WILLIAMS PAINT TO MATCHNUMBERS BELOW.Revision Schedule#Date DescriptionASW 6203 SPARE WHITE B C SW 7667 ZIRCONELECTRICAL CABINET TRASH ENCLOSURE WINDOW STOREFRONT GLAZING STOREFRONT GLAZING SW 7669 SUMMIT GRAYDD- WEST- A 1/8" = 1'-0"CONCRETE TILT-UPWALL, PAINTED 2" REVEAL TRASHENCLOSURE TRASH ENCLOSURE STEEL O.H. DOOR METAL PERSONNEL DOOR 2" REVEALS ELECTRICALCABINET DD- NORTH- A DD2.41/8" = 1'-0"       Packet Page. 65 LEGAL DESCRIPTION OWNER KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. PARCELS 31 & 32 OF PARCEL MAP NO. 5464FILED IN SAN BERNARDING COUNTY OAK PROPERTIES1000 PIONEER WAYEL CAJON, CA. 92020Tel:(619) 440 7424Fax:(619) 440 8914Email:- APN:0281-311-07 & 06 HARDT STREET SHELL ADDRESS: USE:CONTACT:GREGG HAMANN ZONE:TOD CR-3 SITE INFORMATIONSITE AREA:56,564 SF16,300 SF13,356 SF26,908 SF 1.30 ACRESPROPOSED BUILDING COVERAGE:PROPOSED LANDSCAPE AREA:PROPOSED PAVING AREA: 28.82 %23.61 %47.57 % 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182SHELLFax / 619 442 2699TYPE OF DEVELOPMENT:SITE PARKING TABULATIONPARKING PROVIDED:37 STANDARD SPACES PROVIDED No. C25315 Ren. 2/28/19 0114 COMPACT SPACES PROVIDEDVAN ACCESSIBLE SPACES PROVIDEDACCESSIBLE SPACES PROVIDEDCLEAN AIR VEHICLE SPACES PROVIDED ( 8% of AUTO SPACES MIN.)2 FUTURE E.V. CHARGING STATIONS C 43 TOTAL AUTOMOBILE SPACES PROVIDED2 SHORT TERM BICYCLE SPACES w/ PERMANENTLY ANCHORED RACKS (5% of VISITOR AUTO SPACES MIN.1 LONG TERM BICYCLE SPACE IN LOCKABLE, PERMANENTLY ANCHORED LOCKER (5% ofTENANT/EMPLOYEE AUTO SPACES MIN.) SITE LEGENDVICINITY MAP - EXISTING WATER SERVICE LINE- EXISTING SEWER SERVICE LATERAL - EXISTING FIRE (WATER) SERVICE LINE - EXISTING IRRIGATION (WATER) SERVICE LINE - EXISTING ELECTRICAL SERVICE LINE - EXISTING GAS SERVICE LINE 1" = 500'-0" - EXISTING FIRE HYDRANT9' - 0"- PROPOSED FIRE HYDRANT DATE:5-20-19- EXISTING POLE MOUNTED LIGHT STANDARD - PROPOSED POLE MOUNTED LIGHT STANDARD JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:Checker 4 4 POST INDICATOR VALVE- POST INDICATOR VALVE DD1.1 DD1.1 FIRE DEPARTMENT POINT OF CONNECTION- FIRE DEPARTMENT POINT OF CONNECTION 15' - 0"SEWER EASEMENT Revision Schedule- REDUCED PRESSURE DETECTION ASSEMBLY(RPDA) or DOUBLE CHECK VALVE ASSEMBLY(DCVA) PER JURISDICTION #Date Description1 - NUMBER OF PARKING- HANDICAP PARKING SYMBOLACCESSIBLE PATH OF TRAVEL NEW PATH OF TRAVEL (P.O.T.) AS INDICATED IS A BARRIER FREE ACCESSROUTE WITHOUT ANY ABRUPT VERTICAL CHANGES EXCEEDING 1/2"BEVELED AT 1:2 MAXIMUM SLOPE, EXCEPT THAT LEVEL CHANGES DO NOTEXCEED 1/4" VERTICAL AND IS AT LEAST 48" WIDE. SURFACE IS SLIPRESISTANT, STABLE, FIRM, AND SMOOTH. CROSS-SLOPE DOES NOTEXCEED 2% AND SLOPE IN DIRECTION OF TRAVEL IS LESS THAT 5% UNLESSOTHERWISE INDICATED. P.O.T. SHALL BE MAINTAINED FREE OFOVERHANGING OBSTRUCTIONS TO 80" MINIMUM (11B-307.2) ANDPROTRUDING OBJECTS GREATER THAN 4" PROJECTION FROM A WALL ANDABOVE 27" AND LESS THAN 80" (11B-307.3). BUILDING B 16' - 0"8' - 0" 3' - 0" 16' - 0"PROJECT SCOPEOVERHANGA FREESTANDING SPRINKLERED TILT-UP SHELL BUILDINGTHAT WILL BE CAPABLE OF ACCOMMODATING A VARIETYOF USES, ON APPROXIMATELY1.30 ACRESENTRY10' - 0"SIDE SETBACK DD SHEET LIST ENTRY SHEET #SHEET NAME DD1.0DD1.1DD2.1DD2.2DD2.3DD2.4 SITESITE DETAILSFLOOR PLANROOF PLANELEVATIONSELEVATIONSSITEPLAN DD1.01" = 20'-0"0'20'40'80'       Packet Page. 66 17' - 0" 5 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. BUILDING WALLPER PLAN DD1.1 3' - 0" WHEEL STOP5 1/2" THICK CONC.TILT-UP END PANEL 9' - 0" MIN.6"x6"CONC.CURB3C 3 A 4" WIDE STRIPINGPAINTED WHITEAT EDGE OF 9'- 0" DD1.1 3' - 0"DD1.1 NOTES:•USE 3,000 PSI CONC. w/A.S.T.M. A-615 GR. 60 STEELREINFORCINGALL EXPOSED METALSHALL BE PRIMED &RECEIVE 2-COATS OFPAINT CROSSHATCHED AREAINDICATED 8" MIN. CONC.PAVING w/ #4 @ 16" O.C.EACH WAY ACCESSIBLESTALL STRIPING •500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182 CORREGATED SOLIDMETAL GATES- INSTALLPER SUPPLIERS Fax / 619 442 2699RECOMMENDATIONSCONC. - FILLED PIPE-(AS REQUIRED)1/2" HIGH CORREGATED SOLID METAL GATES w/L2x2x1/4 GATE FRAME and 20 GA. METAL DECK INFILL 8' - 0 1/2"8' - 0 1/2"3B DD1.1METAL CLOSURE @PERIMETER OF ROOF METAL CLOSURE @PERIMETER OF ROOF METAL CLOSURE @ PERIMETER OF ROOF CURB'HSS' BEAM PER PLAN PER NOTE ABOVE 41'HSS' POSTPER PLAN No. C25315 Ren. 2/28/19 DD1.1DD1.1 'HSS' BEAM1/4" =P1E'R-0P"LAN1/4" = 1'-0"CFLOOR PLAN3D JPEG VIEW STRIPING PAINTEDWIDTH PER NOTEABOVE CONC. TILT UPWALL PANEL CONC. TILT-UPWALL PANEL CONC. TILT-UPWALL PANEL TYPICAL STALLw/ OVERHANG 'HSS' BEAM PER PLAN METALSTEEL DECKPER PLAN CLOSURE@ PERIMETEROF ROOF 3/4" DIA. BOLTLATCH CONC. SLAB BOLLARDBOLLARDBOLLARD WHEEL STOPCONC. TILT-UPWALL PANELC5/8" DIA. CANEBOLT @ OPP. FACE B ANOTE:SEE EXT. ELEVATIONSFOR PAINT COLOR LEGEND TRASH ENCLOSURE TOBE PAINTED TO MATCHMAIN BUILDING COLOR PROVIDE CONT.ANGLE EMBEDFOR HINGES LENGTH3BUILDING WALLPER PLANDD1.1 PER NOTE ABOVE 7'-3 1/2" HIGH CORREGATEDSOLID METAL GATES w/L2x2x1/4 GATE FRAME 1/4" = 1'-0"ELEVATIONS and 20 GA. METAL DECK INFILLSLOPE 1/8"PER FOOT CONC. SLAB DATE:5-20-19STRIPING PAINTEDWIDTH PER NOTEABOVE JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:CheckerTYPICAL STALLSTRIPING CONC. FOOTINGPER STRUCT'L.Revision Schedule5#Date DescriptionDD1.1 61/4" = 1'-0"DD1.1SECTION1/8" = 1'-0"PARKING TYPICAL SCREENI NG WALLNOT TO SCALE DD1.1       Packet Page. 67 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. DD2.4 DD-NORTH- B184' - 0"66' - 1"17' - 11 1/2"60' - 0"40' - 0" 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699A B FIRE RISERLONG TERM BICYCLE PARKINGFIRE RISER/TELEPHONE ELECTRICAL CABINET ROOF LADDER101 No. C25315 Ren. 2/28/19C SHELL 100 B DD2.3 C DATE:5-20-19JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:CheckerDD2.4 Revision Schedule#Date Description D E 2DD2.2 DD-SOUTH- B543 2 1 DD2.3 0'8'16'32' FIRSTFLOORPLAN SQUARE FOOTAGENameArea DD2.1 BUILDING B01 FIRST FLOOR 16,300 SF16,300 SF 1/8" = 1'-0"       Packet Page. 68       Packet Page. 69 E D C B A PARAPETT ROOF MOUNTED HVAC UNIT KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. PARAPET35' - 0"ROOF28' - 11" 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 01 FIRST FLOOR 0"No. C25315 Ren. 2/28/19Section 1 C 0'8'16'32'1/8" = 1'-0"5 4 3 2 1DD2.4 DD-NORTH- B 28' - 11" BOT OF S HTG29' - 11" T.O.W.A DATE:5-20-1929' - 11" T.O.W.JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:CheckerB Revision Schedule#Date Description33' - 4" T.O.W. 35' - 0" T.O.W. 33' - 4" T.O.W. 35' - 0" T.O.W.30' - 9" BOT OF S HTG 30' - 9" BOT OF S HTG DD2.3RIDGERIDGE C 8' - 0"DD2.4 TYP. U.O.N. D E 29' - 6 7/8" BOT OF S HTG 0'10'20'40' NOTE:ROOFTOP EQUIPMENT SHOWEN IS CONCEPTIAL.ACTUAL PLACMENT WILL VARY. 28' - 11" BOT OF S HTG ROOFPLAN DD2.2 DD-SOUTH- B 1" = 10'-0"DD2.3       Packet Page. 70 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 No. C25315 Ren. 2/28/19C GLASS SYSTEM CONCRETE TILT-UPWALL, PAINTED 2" REVEAL 3/4" V GROVE DATE:5-20-19JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:Checker EXTERIOR PAINT :COLORS SHALL BE SHERWIN-WILLIAMS PAINT TO MATCHNUMBERS BELOW.Revision Schedule#Date DescriptionASW 6203 SPARE WHITE B C SW 7667 ZIRCON SW 7669 SUMMIT GRAYMETAL PERSONNEL DOOR ELECTRICAL CABINET STOREFRONT GLAZING WINDOW TRASH ENCLOSURE DD-EAST- B 1/8" = 1'-0" GLASS SYSTEMGLASS SYSTEM CONCRETE TILT-UPWALL, PAINTED GLASS SYSTEM 2" REVEAL WINDOW DD-SOUTH- B DD2.3 WINDOW 2" REVEALSAT 7" O.C.1/8" = 1'-0"       Packet Page. 71 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 No. C25315 Ren. 2/28/19C CONCRETE TILT-UPWALL, PAINTED GLASS SYSTEM 2" REVEAL EXTERIOR PAINT :DATE:JOB NO: 5-20-19Project Number COLORS SHALL BE SHERWIN-WILLIAMS PAINT TO MATCHNUMBERS BELOW.DRAWN BY: AuthorCHECKED BY:CheckerASW 6203 SPARE WHITE Revision ScheduleB C SW 7667 ZIRCON #Date DescriptionSW 7669 SUMMIT GRAY TRASH ENCLOSURE ROLL-UP DOOR METAL PERSONNEL DOOR WINDOW STOREFRONT GLAZING 2" REVEALSAT 7" O.C.DD-WEST- B 1/8" = 1'-0"CONCRETE TILT-UPWALL, PAINTED 2" REVEAL TRASH ENCLOSURE ROLL-UP DOOR METAL PERSONNEL DOOR DD-NORTH- B DD2.41/8" = 1'-0"       Packet Page. 72 LEGAL DESCRIPTION OWNER KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. PARCELS 24 & 25 OF PARCEL MAP NO. 5464FILED IN SAN BERNARDING COUNTY OAK PROPERTIES1000 PIONEER WAYEL CAJON, CA. 92020Tel:(619) 440 7424Fax:(619) 440 8914Email:- APN:0281-311-11 & 12 HARDT STREET SHELL ADDRESS: USE:CONTACT:GREGG HAMANN ZONE:TOD CR-3 SITE INFORMATIONSITE AREA:54,041 SF17,048 SF13,367 SF23,626 SF 1.24 ACRES31.55 %24.73 %43.72 % 500 FESLER ST. SUITE 102PROPOSED BUILDING COVERAGE:PROPOSED LANDSCAPE AREA:PROPOSED PAVING AREA: EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699SHELLTYPE OF DEVELOPMENT: PARKING TABULATIONPARKING PROVIDED:No. C25315 Ren. 2/28/19 40 STANDARD SPACES PROVIDED0114 COMPACT SPACES PROVIDEDVAN ACCESSIBLE SPACES PROVIDEDACCESSIBLE SPACES PROVIDEDCLEAN AIR VEHICLE SPACES PROVIDED ( 8% of AUTO SPACES MIN.)2 FUTURE E.V. CHARGING STATIONS C 46 TOTAL AUTOMOBILE SPACES PROVIDED2 SHORT TERM BICYCLE SPACES w/ PERMANENTLY ANCHORED RACKS (5% of VISITOR AUTO SPACES MIN.1 LONG TERM BICYCLE SPACE IN LOCKABLE, PERMANENTLY ANCHORED LOCKER (5% ofTENANT/EMPLOYEE AUTO SPACES MIN.) SITE LEGEND- EXISTING WATER SERVICE LINESITE - EXISTING SEWER SERVICE LATERAL - EXISTING FIRE (WATER) SERVICE LINE - EXISTING IRRIGATION (WATER) SERVICE LINE - EXISTING ELECTRICAL SERVICE LINE - EXISTING GAS SERVICE LINE HARDT STREET - EXISTING FIRE HYDRANT DATE:JOB NO: 5-20-19Project Number - PROPOSED FIRE HYDRANT DRAWN BY: AuthorCHECKED BY:Checker - EXISTING POLE MOUNTED LIGHT STANDARD - PROPOSED POLE MOUNTED LIGHT STANDARDPOST INDICATOR VALVE- POST INDICATOR VALVEFIRE DEPARTMENT POINT OF CONNECTION- FIRE DEPARTMENT POINT OF CONNECTION Revision Schedule#Date Description- REDUCED PRESSURE DETECTION ASSEMBLY(RPDA) or DOUBLE CHECK VALVE ASSEMBLY(DCVA) PER JURISDICTION1ENTRY30' - 0"ENTRY BASIN30' - 0"- NUMBER OF PARKINGBASIN- HANDICAP PARKING SYMBOLVICINITY MAP ACCESSIBLE PATH OF TRAVEL1" = 500'-0" NEW PATH OF TRAVEL (P.O.T.) AS INDICATED IS A BARRIER FREE ACCESSROUTE WITHOUT ANY ABRUPT VERTICAL CHANGES EXCEEDING 1/2"BEVELED AT 1:2 MAXIMUM SLOPE, EXCEPT THAT LEVEL CHANGES DO NOTEXCEED 1/4" VERTICAL AND IS AT LEAST 48" WIDE. SURFACE IS SLIPRESISTANT, STABLE, FIRM, AND SMOOTH. CROSS-SLOPE DOES NOTEXCEED 2% AND SLOPE IN DIRECTION OF TRAVEL IS LESS THAT 5% UNLESSOTHERWISE INDICATED. P.O.T. SHALL BE MAINTAINED FREE OFOVERHANGING OBSTRUCTIONS TO 80" MINIMUM (11B-307.2) ANDPROTRUDING OBJECTS GREATER THAN 4" PROJECTION FROM A WALL ANDABOVE 27" AND LESS THAN 80" (11B-307.3). BUILDING C 4 DD1.14 PROJECT SCOPEDD1.1 A FREESTANDING SPRINKLERED TILT-UP SHELL BUILDINGTHAT WILL BE CAPABLE OF ACCOMMODATIING A VARIETYOF USES, ON APPROXIMATELY1.24 ACRES 8' - 0"19' - 0" SHEET LIST DDGRADE LEVEL DOORS SHEET #SHEET NAME9' - 0" TYP.10' - 0"SIDE SETABCK DD1.0DD1.1DD2.1DD2.2DD2.3DD2.4 SITESITE DETAILSFLOOR PLANROOF PLANELEVATIONSELEVATIONS 25 SITEPLAN DD1.00'20'40'80' 1" = 20'-0"       Packet Page. 73 17' - 0"KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 3' - 0"5 BUILDING WALLPER PLAN DD1.1 WHEEL STOP 9' - 0" MIN.5 1/2" THICK CONC.TILT-UP END PANEL6"x6"CONC.CURB 4" WIDE STRIPINGPAINTED WHITEAT EDGE OF 9'- 0" 3C 3 A DD1.1 3' - 0"DD1.1 ACCESSIBLESTALL STRIPING NOTES:•USE 3,000 PSI CONC. w/A.S.T.M. A-615 GR. 60 STEELREINFORCING CROSSHATCHED AREAINDICATED 8" MIN. CONC.PAVING w/ #4 @ 16" O.C.EACH WAY 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182 •ALL EXPOSED METALSHALL BE PRIMED &RECEIVE 2-COATS OFPAINT Fax / 619 442 2699CORREGATED SOLIDMETAL GATES- INSTALLPER SUPPLIERSRECOMMENDATIONSCONC. - FILLED PIPE-(AS REQUIRED) 8' - 0 1/2"8' - 0 1/2"3B DD1.1 CURB PER NOTE ABOVE 1 7'-3 1/2" HIGH CORREGATED SOLID METAL GATES w/L2x2x1/4 GATE FRAME and 20 GA. METAL DECK INFILL No. C25315 Ren. 2/28/19 METAL CLOSURE @PERIMETER OF ROOF DD1.1 METAL CLOSURE @PERIMETER OF ROOF 4METAL CLOSURE @ PERIMETER OF ROOF1/4" = 1'-0"'HSS' BEAM PER PLAN DD1.1 C3D JPEG VIEW 1/4" = 1'-0"'HSS' POSTPER PLAN STRIPING PAINTEDWIDTH PER NOTEABOVE FLOOR PLAN 'HSS' BEAMPER PLAN'HSS' BEAM PER PLAN TYPICAL STALLw/ OVERHANG METALSTEEL DECKPER PLAN CLOSURE@ PERIMETEROF ROOF CONC. TILT UPWALL PANEL CONC. TILT-UPWALL PANEL CONC. TILT-UPWALL PANEL CONC. TILT-UPWALL PANEL WHEEL STOP PROVIDE CONT.ANGLE EMBEDFOR HINGES BUILDING WALLPER PLAN LENGTH3/4" DIA. BOLTLATCH CONC. SLAB BOLLARDBOLLARDBOLLARD 7'-3 1/2" HIGH CORREGATEDSOLID METAL GATES w/L2x2x1/4 GATE FRAME C 5/8" DIA. CANEBOLT @ OPP. FACE B A PER NOTE ABOVE NOTE:SEE EXT. ELEVATIONSFOR PAINT COLOR LEGEND and 20 GA. METAL DECK INFILLTRASH ENCLOSURE TOBE PAINTED TO MATCHMAIN BUILDING COLOR SLOPE 1/8"PER FOOT 3 CONC. SLABDD1.1 DATE:JOB NO: 5-20-19Project NumberDRAWN BY: AuthorCHECKED BY:Checker 1/4" = 1'-0"STRIPING PAINTEDWIDTH PER NOTEABOVE ELEVATIONS CONC. FOOTINGPER STRUCT'L.TYPICAL STALLSTRIPING Revision Schedule5DD1.1 #Date Description1/4" = 1'-0"6SECTIONDD1.11/8" = 1'-0"PARKING TYPICAL SCREENING WALLNOT TO SCALE DD1.1       Packet Page. 74 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC.7 6 5 4 3 2 1 DD2.3 DD NORTH - C 164' - 0"35' - 0"13' - 11 1/2"33' - 0 1/2"35' - 0 1/2"13' - 11 1/2"33' - 0"500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 A B No. C25315 Ren. 2/28/19C DATE:5-20-19JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:Checker CSHELL100C Revision Schedule#Date DescriptionDD2.3 DD2.4 FIRE RISER/TELEPHONE101- --- FIRE RISER ELECTRICAL CABINET ROOF LADDER LONG TERM BIKE PARKING DSQUARE FOOTAGEName AreaBUILDING C 17,048 SF E DD SOUTH - C DD2.4 0'8'16'32'FIRSTFLOOR2DD2.2 PLAN DD2.11/8" = 1'-0"       Packet Page. 75       Packet Page. 76 E D C B A KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. PARAPET36' - 0"ROOF30' - 9"ROOF MOUNTED HVAC EQUIPMENT PARAPET WALL 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 01 FIRST FLOOR 0"No. C25315 Ren. 2/28/19CSection 1 0'8'16'32'1/8" = 1'-0"7 6 5 4 3 2 1 DD2.3 DD NORTH - C 164' - 0"35' - 0"13' - 11 1/2"33' - 0 1/2"35' - 0 1/2"13' - 11 1/2"33' - 0" AB DATE:JOB NO: 5-20-19Project NumberDRAWN BY: AuthorCHECKED BY:CheckerRevision Schedule#Date Description 32' - 7" BOT OF S HTG 32' - 7" BOT OF S HTGRIDGE C DD2.3 DD2.4 34' - 4" T.O.W. 3' - 0"1' - 0"NOTE:ROOFTOP EQUIPMENT SHOWEN IS CONCEPTIAL.ACTUAL PLACMENT WILL VARY. 8' - 0" 34' - 4" T.O.W.TYP. U.O.N. D ROOFPLAN34' - 4" T.O.W. 1" = 10'-0"E DD2.234' - 4" T.O.W. 0'10'20'40'       Packet Page. 77 GLASS SYSTEM CONCRETE TILT-UPWALL, PAINTED GLASS SYSTEM KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 2" REVEAL EXTERIOR PAINT :COLORS SHALL BE SHERWIN-WILLIAMS PAINT TO MATCHNUMBERS BELOW.TRASHENCLOSURE A SW 6203 SPARE WHITE B C SW 7667 ZIRCON 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182SW 7669 SUMMIT GRAY Fax / 619 442 2699 TRASH ENCLOSURE STOREFRONT GLAZING SUSPENDED GALVANIZEDSTEEL CANOPY WINDOW 2" REVEALSAT 7" O.C. STOREFRONT GLAZING No. C25315 Ren. 2/28/19DD NORTH - C CGLASS SYSTEM GLASS SYSTEM CONCRETE TILT-UPWALL, PAINTED1/8" = 1'-0" 2" REVEAL DATE:5-20-19JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:CheckerSTOREFRONT GLAZING SUSPENDED GALVANIZEDSTEEL CANOPY WINDOW TRASH ENCLOSURE METAL PERSONNEL DOOR Revision Schedule#Date DescriptionDD WEST - C 1/8" = 1'-0" DD2.3       Packet Page. 78 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 No. C25315 Ren. 2/28/19C CONCRETE TILT-UPWALL, PAINTED GLASS SYSTEM GLASS SYSTEM 2" REVEAL DATE:5-20-19JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:CheckerEXTERIOR PAINT :Revision ScheduleCOLORS SHALL BE SHERWIN-WILLIAMS PAINT TO MATCHNUMBERS BELOW. #Date Description A SW 6203 SPARE WHITE B C SW 7667 ZIRCON SW 7669 SUMMIT GRAY ELECTRICAL CABINET TRASH ENCLOSURE SUSPENDED GALVANIZEDSTEEL CANOPY WINDOW STOREFRONT GLAZING DD EAST - C 1/8" = 1'-0"CONCRETE TILT-UPWALL, PAINTED 2" REVEAL TRASH ENCLOSURE ELECTRICAL CABINET METAL PERSONNEL DOOR STEEL O.H. DOORDD SOUTH - C DD2.4 1/8" = 1'-0"       Packet Page. 79 LEGAL DESCRIPTION LEGAL DESCRIPTION OWNER KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. PARCELS 17 OF PARCEL MAP NO. 5464FILED IN SAN BERNARDING COUNTY PARCELS 18 OF PARCEL MAP NO. 5464FILED IN SAN BERNARDING COUNTY OAK PROPERTIES1000 PIONEER WAYEL CAJON, CA. 92020Tel:(619) 440 7424Fax:(619) 440 8914Email:- APN:281-311-19 HARDT STREET SHELL APN:281-311-18 HARDT STREET SHELL ADDRESS: USE: ADDRESS: USE: CONTACT:GREGG HAMANNZONE:TOD CR-3 ZONE:TOD CR-3 SITE LEGENDSITE INFORMATION SITE INFORMATION - EXISTING WATER SERVICE LINESITE AREA:44,241 SF13,759 SF10,697 SF19,785 SF 1.02 ACRES31.1 % SITE AREA:44,241 SF13,759 SF10,697 SF19,785 SF 1.02 ACRES31.1 % PROPOSED BUILDING COVERAGE:PROPOSED LANDSCAPE AREA:PROPOSED PAVING AREA: PROPOSED BUILDING COVERAGE:PROPOSED LANDSCAPE AREA:PROPOSED PAVING AREA: - EXISTING SEWER SERVICE LATERAL - EXISTING FIRE (WATER) SERVICE LINE - EXISTING IRRIGATION (WATER) SERVICE LINE - EXISTING ELECTRICAL SERVICE LINE - EXISTING GAS SERVICE LINE 24.18 %44.72 % 24.18 %44.72 %500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182 SHELL SHELLTYPE OF DEVELOPMENT:TYPE OF DEVELOPMENT:PARKING TABULATION PARKING TABULATION Fax / 619 442 2699 PARKING PROVIDED:PARKING PROVIDED:36 STANDARD SPACES PROVIDED 36 STANDARD SPACES PROVIDED - EXISTING FIRE HYDRANT0114 COMPACT SPACES PROVIDEDVAN ACCESSIBLE SPACES PROVIDEDACCESSIBLE SPACES PROVIDEDCLEAN AIR VEHICLE SPACES PROVIDED ( 8% of AUTO SPACES MIN.)2 FUTURE E.V. CHARGING STATIONS 0114 COMPACT SPACES PROVIDEDVAN ACCESSIBLE SPACES PROVIDEDACCESSIBLE SPACES PROVIDEDCLEAN AIR VEHICLE SPACES PROVIDED ( 8% of AUTO SPACES MIN.)2 FUTURE E.V. CHARGING STATIONS - PROPOSED FIRE HYDRANT- EXISTING POLE MOUNTED LIGHT STANDARD - PROPOSED POLE MOUNTED LIGHT STANDARD No. C25315 Ren. 2/28/19 42 TOTAL AUTOMOBILE SPACES PROVIDED 42 TOTAL AUTOMOBILE SPACES PROVIDED POST INDICATOR VALVE- POST INDICATOR VALVEFIRE DEPARTMENT POINT OF CONNECTION- FIRE DEPARTMENT POINT OF CONNECTION 2 SHORT TERM BICYCLE SPACES w/ PERMANENTLY ANCHORED RACKS (5% of VISITOR AUTO SPACES MIN.1 LONG TERM BICYCLE SPACE IN LOCKABLE, PERMANENTLY ANCHORED LOCKER (5% ofTENANT/EMPLOYEE AUTO SPACES MIN.) 2 SHORT TERM BICYCLE SPACES w/ PERMANENTLY ANCHORED RACKS (5% of VISITOR AUTO SPACES MIN.1 LONG TERM BICYCLE SPACE IN LOCKABLE, PERMANENTLY ANCHORED LOCKER (5% ofTENANT/EMPLOYEE AUTO SPACES MIN.) C - REDUCED PRESSURE DETECTION ASSEMBLY(RPDA) or DOUBLE CHECK VALVE ASSEMBLY(DCVA) PER JURISDICTION1 - NUMBER OF PARKING- HANDICAP PARKING SYMBOLACCESSIBLE PATH OF TRAVEL NEW PATH OF TRAVEL (P.O.T.) AS INDICATED IS A BARRIER FREE ACCESSROUTE WITHOUT ANY ABRUPT VERTICAL CHANGES EXCEEDING 1/2"BEVELED AT 1:2 MAXIMUM SLOPE, EXCEPT THAT LEVEL CHANGES DO NOTEXCEED 1/4" VERTICAL AND IS AT LEAST 48" WIDE. SURFACE IS SLIPRESISTANT, STABLE, FIRM, AND SMOOTH. CROSS-SLOPE DOES NOTEXCEED 2% AND SLOPE IN DIRECTION OF TRAVEL IS LESS THAT 5% UNLESSOTHERWISE INDICATED. P.O.T. SHALL BE MAINTAINED FREE OFOVERHANGING OBSTRUCTIONS TO 80" MINIMUM (11B-307.2) ANDPROTRUDING OBJECTS GREATER THAN 4" PROJECTION FROM A WALL ANDABOVE 27" AND LESS THAN 80" (11B-307.3). PROJECT SCOPE DATE:JOB NO: 5-20-19Project NumberDRAWN BY: AuthorCHECKED BY:Checker FIRE LANE A FREESTANDING SPRINKLERED TILT-UP SHELLBUILDING THAN WILL BE CAPABLE OF ACCOMMODATINGA VARIETY OF USES, ON APPROXIMATELY2.10 ACRES FIRE LANE GRADE LEVEL DOORS 2 DD1.1GRADE LEVEL DOORS Revision Schedule25' - 7 1/4"25' - 6"26' - 0 3/4"33' - 5" #Date Description3' - 0"SITE43' - 9"BUILDING D1 BUILDING D219' - 0"26' - 0"19' - 0" SETBACK LINE410' - 0"DD1.1 64' - 5" 10' - 0"SIDE SETBACK VICINITY MAP 19' - 0"8' - 0" 1" = 500'-0"SHEET LIST DD57' - 6"SHEET #SHEET NAME DD1.0 SITE PLANDD1.1DD2.1DD2.2DD2.3 SITE DETAILSFLOOR PLANROOF PLANELEVATION BASIN N89°46'30"E 933.58'BRIER STREET DD1.0SITE0'20'40'80'PLAN       Packet Page. 80 17' - 0" 5 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 3' - 0"BUILDING WALLPER PLAN DD1.1 WHEEL STOP9' - 0" MIN.5 1/2" THICK CONC.TILT-UP END PANEL 4" WIDESTRIPING6"x6"CONC.CURB TYPICAL ACCESSIBLESYMBOL BLUE FIELD ANDWHITE WHEELCHAIR 3C 3A DD1.1 DD1.1 5' - 0" MIN.ACCESSIBLESTALL STRIPING NOTES:3' - 0"•USE 3,000 PSI CONC. w/A.S.T.M. A-615 GR. 60 STEELREINFORCING CROSSHATCHED AREAINDICATED 8" MIN. CONC.PAVING w/ #4 @ 16" O.C.EACH WAY •ALL EXPOSED METALSHALL BE PRIMED &RECEIVE 2-COATS OFPAINT 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182 CORREGATED SOLIDMETAL GATES- INSTALLPER SUPPLIERS Fax / 619 442 26998' - 0 1/2"8' - 0 1/2"RECOMMENDATIONSCONC. - FILLED PIPE-(AS REQUIRED)CURB143B DD1.1 3D JPEG VIEW FLOOR PLAN 9' - 0"DD1.1 DD1.1 MIN. TYP.1/4" = 1'-0"1/4" = 1'-0"No. C25315 Ren. 2/28/19 7'-3 1/2" HIGH CORREGATED SOLID METAL GATES w/L2x2x1/4 GATE FRAME and 20 GA. METAL DECK INFILL 'HSS' BEAM PER PLANMETAL CLOSURE @PERIMETER OF ROOF METAL CSTEEL DECKPER PLAN METAL CLOSURE @PERIMETER OF ROOF CLOSURE@ PERIMETEROF ROOF METAL CLOSURE @ PERIMETER OF ROOF 4" WIDE STRIPE'HSS' BEAM PER PLAN TYPICAL STALLw/ OVERHANG CONC. TILT-UPWALL PANEL 'HSS' POSTPER PLAN 'HSS' BEAMPER PLAN PROVIDE CONT.ANGLE EMBEDFOR HINGES BUILDING WALLPER PLAN WHEEL STOP7'-3 1/2" HIGH CORREGATEDSOLID METAL GATES w/ CONC. TILT UPWALL PANEL CONC. TILT-UPWALL PANEL CONC. TILT-UPWALL PANEL L2x2x1/4 GATE FRAMEand 20 GA. METAL DECK INFILL LENGTHSLOPE 1/8"PER FOOT CONC. SLAB 9' - 0"3/4" DIA. BOLTLATCH CONC. SLAB BOLLARD MIN. TYP.BOLLARD BOLLARDC 5/8" DIA. CANEBOLT @ OPP. FACE B A CONC. FOOTINGPER STRUCT'L. NOTE:SEE EXT. ELEVATIONSFOR PAINT COLOR LEGEND TRASH ENCLOSURE TOBE PAINTED TO MATCHMAIN BUILDING COLOR 3 5ELEVATIONSSECTION 5-20-19Project Number DATE:JOB NO: 4" WIDE STRIPEDD1.1 DD1.1 DRAWN BY: AuthorCHECKED BY:Checker 1/4" = 1'-0"1/4" = 1'-0"TYPICAL STALLSTRIPING 617' - 0"PARKING Revision ScheduleDD1.10' - 6 1/2"15' - 11"0' - 6 1/2"#Date Description1/8" = 1'-0"7 D 87 1/4" THICK CONC.TILT-UP PANEL DD1.1 DD1.1 5 1/2" THICK CONC.TILT-UP END PANEL6"x6"CONC.CURB7C 7ADD1.1DD1.1 3' - 0" NOTES:•USE 3,000 PSI CONC. w/A.S.T.M. A-615 GR. 60 STEELREINFORCINGALL EXPOSED METALSHALL BE PRIMED &RECEIVE 2-COATS OFPAINT CROSSHATCHED AREAINDICATED 8" MIN. CONC.PAVING w/ #4 @ 16" O.C.EACH WAY • CORREGATED SOLIDMETAL GATES- INSTALLPER SUPPLIERS9RECOMMENDATIONSCONC. - FILLED PIPE-(AS REQUIRED) 3D JPEG VIEW1 8' - 0 1/2"7 B 8' - 0 1/2"DD1.1 TYPICAL SCREENING WALL DD1.1 2FLOOR PLAN11/4" = 1'-0"DD1.1 NOT TO SCALE1/4" = 1'-0"7'-3 1/2" HIGH CORREGATED SOLID METAL GATES w/L2x2x1/4 GATE FRAME and 20 GA. METAL DECK INFILL METAL CLOSURE @PERIMETER OF ROOF METAL CLOSURE @PERIMETER OF ROOF METAL CLOSURE @PERIMETER OF ROOF 'HSS' BEAM PER PLANMETAL CLOSURE @ PERIMETER OF ROOF 1'- 0" MAX.1'- 0" MAX.METALSTEEL DECK PER PLAN 'HSS' BEAM PER PLAN STEEL DECKPER PLAN CLOSURE@ PERIMETEROF ROOF 'HSS' POSTPER PLAN CONC. TILT-UPWALL PANEL 'HSS' BEAMPER PLAN 'HSS' POSTPER PLAN PROVIDE CONT.ANGLE EMBEDFOR HINGES PERCONC. TILT-UPWALL PANEL CONC. TILT UPWALL PANEL CONC. TILT-UPWALL PANEL CONC. TILT-UPWALL PANEL 7'-3 1/2" HIGH CORREGATEDSOLID METAL GATES w/L2x2x1/4 GATE FRAMEand 20 GA. METAL DECK INFILLSLOPE 1/8"PER FOOT CONC. SLAB 3/4" DIA. BOLTLATCH CONC. SLAB BOLLARDBOLLARDDC5/8" DIA. CANEBOLT @ OPP. FACE B NOTE:A 8 DD1.1 TRASH ENCLOSURE TOBE PAINTED TO MATCHMAIN BUILDING COLOR SEE EXT. ELEVATIONSFOR PAINT COLOR LEGEND 7 SECTION1ELEVATIONS1 DD1.1DD1.1 1/4" = 1'-0"1/4" = 1'-0"       Packet Page. 81 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 1 2 3 PARAPET31' - 8"ROOF26' - 8"02 SECONDFLOOR 15' - 0" 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 01 FIRST FLOOR00 FOUNDATION0"-1' - 0" 2DD2.11/16" = 1'-0"No. C25315 Ren. 2/28/19 Section 1120' - 5" C2--DD2.1 Elevation 2 - aDD-NORTH - D - WEST SIDE FIRE RISER ELECTRICALCABINETS ROOF LADDERLONG TERMBIKE PARKING DATE:5-20-19JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:Checker DD2.3 -DD2.3 - Revision Schedule#Date Description FIRSTFLOOR TOTAL BUILDING WIDTH IS GREATER THAN 50% OF THE WIDTH OF THE SITE BRIER STREET ELEVATIN PLANDD2.3 1/16" = 1'-0" SQUARE FOOTAGEName Area 0'16'32'64' BUILDING D1 BUILDING D2 13,759 SF 13,759 SF DD2.1       Packet Page. 82 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 No. C25315 Ren. 2/28/19C 0'8'16'32' D C B A DD2.32 --DD2.1 DD-NORTH - D1 Elevation 2 - a 112' - 0" DD-NORTH - D - WEST SIDE2 78' - 7"1 DATE:5-20-19JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:CheckerRevision Schedule#Date Description DD2.3 -DD2.3RIDGE RIDGE-2 3 NOTE:ROOFTOP EQUIPMENT SHOWEN IS CONCEPTIAL.ACTUAL PLACMENT WILL VARY.ROOFPLAN0'16'32'64'DD2.2 1/16" = 1'-0"       Packet Page. 83 KENNETH D. SMI THARCHITECT& ASSOCIATES, INC. 500 FESLER ST. SUITE 102EL CAJON - CA - 92020PH / 619 444 2182Fax / 619 442 2699 No. C25315 Ren. 2/28/19C CONCRETE TILT-UPWALL, PAINTED 2" REVEAL METAL PERSONNEL DOOR ROLL-UP DOOR ELECTRICAL CABINETDD-NORTH - D1 DATE:5-20-19JOB NO:Project NumberDRAWN BY: AuthorCHECKED BY:Checker 3/32" = 1'-0"5DD2.3 Revision ScheduleGLASS SYSTEM #Date DescriptionCONCRETE TILT-UPWALL, PAINTED 2" REVEAL CONCRETE TILT-UPWALL, PAINTED ELECTRICAL CABINETSTOREFRONT GLAZING DD-WEST - D1 ROLL-UP DOOR METAL PERSONNEL DOORDD-EAST - D1 3/32" = 1'-0" 3/32" = 1'-0"19' - 9 1/2"7' - 10"37' - 2" CONCRETE TILT-UPWALL, PAINTED GLASS SYSTEM CONCRETE TILT-UPWALL, PAINTEDEXTERIOR PAINT : GLASS SYSTEM 2" REVEAL COLORS SHALL BE SHERWIN-WILLIAMS PAINT TO MATCHNUMBERS BELOW. A SW 6203 SPARE WHITE B C SW 7667 ZIRCON SW 7669 SUMMIT GRAY D2 ELEVATIONS ARE A FLOP OF D1DOUBLE DOOR AT MAIN ENTRY STOREFRONT SYSTEM STOREFRONT SYSTEMSTOREFRONT SYSTEMBRIER STREET ELEVATIN DD2.3 DOUBLE DOOR AT MAIN ENTRY 3/32" = 1'-0"       Packet Page. 84 VICINITY MAP KEY MAP H A R D T S T R E E T B R I E R S T R E E T NorthNTS T PROPOSED BUILDING 'A' H A R D T S T R E E T PARKING SPACES: 34 0 10'20'60'24' BOX TREES PROPOSED: 17RATIO: 1 TREE PER 2 SPACES North Scale 1" = 20'CITY OF SAN BERNARDINOr l a 2 6 8 1HO WARD DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXLandscape Concept Plan for:BUILDING 'A' A S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 12San Bernardino Business ParkS u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 85 GENERAL NOTES CITY OF SAN BERNARDINO MC G19.28.130(5) 1. WATER CONSERVATION CRITERIA 1. FINAL LANDSCAPE PLANS SHALL ACCURATELY SHOW PLACEMENT OF TREES, SHRUBS AND GROUNDCOVERS.Plant Legend2. ALL REQUIRED LANDSCAPE AREAS, INCLUDING THE ROW, SHALL BE MAINTAINED PER CITY OF SAN BERNARDINOREQUIREMENTS. Compliance with the Water Conservation in Landscape Ordinance. A. Landscape Technique Points20 3. AUTOMATIC IRRIGATION SHALL BE INSTALLED TO PROVIDE COVERAGE FOR ALL PLANTING AREAS SHOWN ON THE PLAN. LOWVOLUME EQUIPMENT SHALL PROVIDE SUFFICIENT WATER FOR PLANT GROWTH WITH MINIMUM WATER LOSS DUE TO WATERRUN-OFF. IRRIGATION SYSTEMS SHALL USE HIGH QUALITY, AUTOMATIC CONTROL VALVES, CONTROLLERS AND OTHERNECESSARY IRRIGATION EQUIPMENT. ALL COMPONENTS SHALL BE OF NON-CORROSIVE MATERIAL. ALL DRIP SYSTEMS SHALLBE ADEQUATELY FILTERED AND REGULATED PER THE MANUFACTURES RECOMMENDED DESIGN PARAMETERS. ALL IRRIGATIONIMPROVEMENTS SHALL FOLLOW THE CITY OF SAN BERNARDINO GUIDELINES AND WATER CONSERVATION ORDINANCE. 1. Water conserving plants used in 75 percent ormore of the total landscaped area.2. Turf limited as follows: 20 a. All other projects* - 30 percent of total landscaped area.4. THE SELECTION OF PLANT MATERIAL IS BASED ON AESTHETIC AND MAINTENANCE CONSIDERATIONS. ALL PLANTING AREASSHALL BE PREPARED WITH APPROPRIATE SOIL AMENDMENTS, FERTILIZERS, AND APPROPRIATE SUPPLEMENTS BASED UPON ASOILS REPORT FROM AN AGRICULTURAL SUITABILITY SOIL SAMPLE TAKEN FROM THE SITE. GROUND COVERS OR BARK MULCHSHALL FILL IN BETWEEN SHRUBS TO SHIELD THE SOIL FROM THE SUN, EVAPOTRANSPIRATION, AND RUN-OFF. ALL THE SHRUBBEDS SHALL BE MULCHED TO A 3" DEPTH TO HELP CONSERVE WATER, LOWER THE SOIL TEMPERATURE AND REDUCE WEEDGROWTH. THE SHRUBS SHALL BE ALLOWED TO GROW IN THEIR NATURAL FORMS. ALL LANDSCAPE IMPROVEMENTS SHALLFOLLOW THE CITY OF SAN BERNARDINO GUIDELINES. 3. Plants placed or grouped into hydrozonesaccording to their watering needs. 10 10 10 4. Polymers incorporated into the soil to improve water holding capacity in turf and ground cover areas.5. A maintenance program consisting of:a. Periodic irrigation system repair.TREES:6. STREET TREES AND OTHER TREES SHALL BE SPACED AS FOLLOWS:6.1. 8' FROM TRANSFORMERS, CABLE, AND PULL BOXES6.2. 5 FEET FROM MAIL BOXES6.3. 5 FEET FROM FIRE HYDRANTS (ALL SIDES) b. Seasonal adjustments to the irrigation system. c. Practices which foster long term landscape water conservation.6.4. 10 FEET FROM CENTERLINE OF ALL UTILITY LINES (WITHOUT EASEMENT)(SEWER, WATER, STORM DRAINS, DOUBLE CHECKDETECTOR VALVES, AIR RELIEF VALVES, AND GAS)6.5. 10 FEET FROM EASEMENT BOUNDARIES (SEWER, WATER, STORM DRAINS, ACCESS OR OTHER UTILITIES)6.6. 10 FEET FROM DRIVEWAYS (UNLESS A LINE OF SIGHT IS DETERMINED BY THE TRAFFIC DIVISION TO BE OTHERWISE)6.7. 10 FEET FROM TRAFFIC AND DIRECTIONAL SIGNS 6. Where no groundcover is used, utilize wood chips, bark, or other organic mulch,to a depth of three inches on top of exposed soil or landscaped fabric, such asunderneath shrubs. 5 57. Organic soil amendments to improve water holding capacity ofsoil, where soil conditions merit. 6.8. 15 FEET (MINIMUM) FROM STREETLIGHTS, OTHER UTILITY POLES, (DETERMINED BY SPECIFICATIONS) 6.9. STREET TREES SHALL BE PLANTED 3' OUTSIDE RIGHT-OF-WAY IF THE RIGHT-OF-WAY DOES NOT ALLOW SPACE, SUBJECT TOCITY ENGINEERS APPROVAL. TOTAL: 80 POINTS6.10. LINE OF SIGHT AT ARTERIALS, COLLECTOR AND LOCAL STREETS SHALL BE REVIEWED AND DETERMINED BY THE TRAFFICENGINEER.6.11. MINIMUM FIFTEEN (15') STREETLIGHT AND STOP SIGN OR CLEARANCE DETERMINED BY SPECIFICATIONS.6.12. SCREEN ALL UTILITIES ACCORDING TO SPECIFIC AGENCY REQUIREMENTS. B. Irrigation Technique1. Low gallonage irrigation system, or higher gallonage systems with automaticcontroller capable of repeat cycling, used for more than 75% of thetotal landscaped area. Turf areas must utilize "spray" coverage, 20 ROOT BARRIERS drip systems may not be used for turf.ROOT BARRIERS SHALL BE INSTALLED ADJACENT TO ALL PAVING SURFACES WHERE APAVING SURFACE IS LOCATED WITHIN 6 FEET OF A TREE TRUNK. ROOT BARRIERS SHALLEXTEND 10 FEET IN EACH DIRECTION FROM THE CENTERLINE OF THE TRUNK, FOR A TOTALDISTANCE OF 20 FEET. ROOT BARRIERS SHALL BE MINIMUM OF 24 INCHES IN DEPTH.INSTALLING A ROOT BARRIER AROUND THE TREE'S ROOT BALL IS UNACCEPTABLE. 2. Automatic controller for irrigation system.3. Irrigation system designed using hydrozones towater plants according to their water needs (i.e., landscapematerials which require different watering 2010 needs are irrigated by separate control valves).4. Rain sensors used in conjunction with an automatic controller. IRRIGATION NOTES 10 5THE IRRIGATION SYSTEM WILL BE DESIGNED TO AFFORD OPTIMUM COVERAGE FOR THESUPPORT OF PLANT GROWTH. THE COVERAGE WILL MEET THE WATER REQUIREMENTS FORTHE SELECTED PLANT MATERIAL AND WITHIN THE GIVEN 5. Soil-moisture sensors used in conjunction with an automatic controller 6. In-head or in-line check valves are utilized 5PLANTING AREAS. THE DESIGN WILL TAKE INTO CONSIDERATION THE TYPE OF EXPOSURETHE SYSTEM WILL HAVE. THE IRRIGATION SYSTEM WILL BE DESIGNED WITH RESPECT TOWATER CONSERVATION. IRRIGATION HEADS SHALL BE CHOSEN FOR MAXIMUM COVERAGEWITH LOW-GALLONAGE AND PRECIPITATION QUALITIES. THE IRRIGATION SYSTEM SHALL BEA FULLY AUTOMATIC SYSTEM AND AS MAINTENANCE-FREE AS POSSIBLE. THE MATERIALSFOR THE SYSTEM WILL BE OF AN EXTREMELY DURABLE NATURE, AND WILL HAVE BEENSELECTED FOR WEAR RESISTANCE AND LONG LIFE. THE OVERALL SYSTEM SHALL BEDESIGNED FOR EASE OF MAINTENANCE. ALL LANDSCAPE AND IRRIGATION SHALLCONFORM TO THE STANDARDS OF THE CITYWIDE LANDSCAPE REGULATIONS AND THELANDSCAPE STANDARDS AND ALL OTHER LANDSCAPE RELATED CITY AND REGIONALSTANDARDS. ALL IRRIGATION SHALL UTILIZE A DESIGNATED SEPARATE IRRIGATION WATERMETER, AND SUBSURFACE DRIP OR ROTOR LOW PRECIPITATION RATE IRRIGATION WITH AWEATHER - BASED AUTOMATIC IRRIGATION SMART CONTROLLER. (whenever the cross gradient is greater than three feet in elevation). 7. Irrigation schedule which varies by season, and developedthrough the use of Evapotranspiration data (ET). 5 TOTAL: 75 POINTS T NOTE:GRADING AND DRAINAGE 1. MINIMUM TREE SIZES SHALL BE AS FOLLOWS:15% 48" BOX15% 36" BOX20% 24" BOX50% 15 GAL. ALL GRADES AND DRAINAGE SWALES SHALL BE PER CIVIL ENGINEER'S GRADING ANDDEVELOPMENT PLAN. 2. MINIMUM SHRUB SIZES SHALL BE AS FOLLOWS:NOTES:80% 5 GAL.20% 1 GAL. North1"=40' 1. NO STRUCTURES HIGHER THAN 30" OR PLANT MATERIALHIGHER THAN 24" AT MATURITY SHALL BE ALLOWED WITHINTHE CLEAR SIGHT AREA. 3. GROUNDCOVERS SHALL ACHIEVE 100% COVERAGE WITHIN 1 YEAR.PARKING LOT CALCULATIONS:2. ALL LANDSCAPED AREAS SHALL BE MAINTAINED BY THEPROJECT OWNER, INCLUDING REGULAR WATERING,PRUNING, FERTILIZING, CLEARING OF DEBRIS AND WEEDS,REMOVAL AND REPLACEMENT OF DEAD PLANTS AND REPAIRAND REPLACEMENT OF IRRIGATION SYSTEM. NET AREA OF ALL SURFACE PARKING AREA: 18,183 SQFT LANDSCAPING WITHIN PARKING AREA: 2,890 SQFT TOTAL: 16% CITY OF SAN BERNARDINOr l a 2 6 8 1HO WARD DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXLandscape Concept Plan for:BUILDING 'A' A S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 2San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 86 KEY MAPVICINITY MAP H A R D T S T R E E T B R I E R S T R E E T NorthNTS PROPOSED BUILDING 'B' H A R D T S T R E E T PARKING SPACES: 5124' BOX TREES PROPOSED: 24 0 10'20'60'RATIO: 1 TREE PER 2.1 SPACES North Scale 1" = 20'CITY OF SAN BERNARDINOr l a 2 6 8 1HO WARD DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXLandscape Concept Plan for:BUILDING 'B' A S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 1San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 87 GENERAL NOTES CITY OF SAN BERNARDINO MC G19.28.130(5) 1. WATER CONSERVATION CRITERIA 1. FINAL LANDSCAPE PLANS SHALL ACCURATELY SHOW PLACEMENT OF TREES, SHRUBS AND GROUNDCOVERS.Plant Legend2. ALL REQUIRED LANDSCAPE AREAS, INCLUDING THE ROW, SHALL BE MAINTAINED PER CITY OF SAN BERNARDINOREQUIREMENTS. Compliance with the Water Conservation in Landscape Ordinance. A. Landscape Technique Points20 3. AUTOMATIC IRRIGATION SHALL BE INSTALLED TO PROVIDE COVERAGE FOR ALL PLANTING AREAS SHOWN ON THE PLAN. LOWVOLUME EQUIPMENT SHALL PROVIDE SUFFICIENT WATER FOR PLANT GROWTH WITH MINIMUM WATER LOSS DUE TO WATERRUN-OFF. IRRIGATION SYSTEMS SHALL USE HIGH QUALITY, AUTOMATIC CONTROL VALVES, CONTROLLERS AND OTHERNECESSARY IRRIGATION EQUIPMENT. ALL COMPONENTS SHALL BE OF NON-CORROSIVE MATERIAL. ALL DRIP SYSTEMS SHALLBE ADEQUATELY FILTERED AND REGULATED PER THE MANUFACTURES RECOMMENDED DESIGN PARAMETERS. ALL IRRIGATIONIMPROVEMENTS SHALL FOLLOW THE CITY OF SAN BERNARDINO GUIDELINES AND WATER CONSERVATION ORDINANCE. 1. Water conserving plants used in 75 percent ormore of the total landscaped area.2. Turf limited as follows: 20 a. All other projects* - 30 percent of total landscaped area.4. THE SELECTION OF PLANT MATERIAL IS BASED ON AESTHETIC AND MAINTENANCE CONSIDERATIONS. ALL PLANTING AREASSHALL BE PREPARED WITH APPROPRIATE SOIL AMENDMENTS, FERTILIZERS, AND APPROPRIATE SUPPLEMENTS BASED UPON ASOILS REPORT FROM AN AGRICULTURAL SUITABILITY SOIL SAMPLE TAKEN FROM THE SITE. GROUND COVERS OR BARK MULCHSHALL FILL IN BETWEEN SHRUBS TO SHIELD THE SOIL FROM THE SUN, EVAPOTRANSPIRATION, AND RUN-OFF. ALL THE SHRUBBEDS SHALL BE MULCHED TO A 3" DEPTH TO HELP CONSERVE WATER, LOWER THE SOIL TEMPERATURE AND REDUCE WEEDGROWTH. THE SHRUBS SHALL BE ALLOWED TO GROW IN THEIR NATURAL FORMS. ALL LANDSCAPE IMPROVEMENTS SHALLFOLLOW THE CITY OF SAN BERNARDINO GUIDELINES. 3. Plants placed or grouped into hydrozonesaccording to their watering needs. 10 10 10 4. Polymers incorporated into the soil to improve water holding capacity in turf and ground cover areas.5. A maintenance program consisting of:a. Periodic irrigation system repair.TREES:6. STREET TREES AND OTHER TREES SHALL BE SPACED AS FOLLOWS:6.1. 8' FROM TRANSFORMERS, CABLE, AND PULL BOXES6.2. 5 FEET FROM MAIL BOXES6.3. 5 FEET FROM FIRE HYDRANTS (ALL SIDES) b. Seasonal adjustments to the irrigation system. c. Practices which foster long term landscape water conservation.6.4. 10 FEET FROM CENTERLINE OF ALL UTILITY LINES (WITHOUT EASEMENT)(SEWER, WATER, STORM DRAINS, DOUBLE CHECKDETECTOR VALVES, AIR RELIEF VALVES, AND GAS)6.5. 10 FEET FROM EASEMENT BOUNDARIES (SEWER, WATER, STORM DRAINS, ACCESS OR OTHER UTILITIES)6.6. 10 FEET FROM DRIVEWAYS (UNLESS A LINE OF SIGHT IS DETERMINED BY THE TRAFFIC DIVISION TO BE OTHERWISE)6.7. 10 FEET FROM TRAFFIC AND DIRECTIONAL SIGNS 6. Where no groundcover is used, utilize wood chips, bark, or other organic mulch,to a depth of three inches on top of exposed soil or landscaped fabric, such asunderneath shrubs. 5 57. Organic soil amendments to improve water holding capacity ofsoil, where soil conditions merit. 6.8. 15 FEET (MINIMUM) FROM STREETLIGHTS, OTHER UTILITY POLES, (DETERMINED BY SPECIFICATIONS) 6.9. STREET TREES SHALL BE PLANTED 3' OUTSIDE RIGHT-OF-WAY IF THE RIGHT-OF-WAY DOES NOT ALLOW SPACE, SUBJECT TOCITY ENGINEERS APPROVAL. TOTAL: 80 POINTS6.10. LINE OF SIGHT AT ARTERIALS, COLLECTOR AND LOCAL STREETS SHALL BE REVIEWED AND DETERMINED BY THE TRAFFICENGINEER.6.11. MINIMUM FIFTEEN (15') STREETLIGHT AND STOP SIGN OR CLEARANCE DETERMINED BY SPECIFICATIONS.6.12. SCREEN ALL UTILITIES ACCORDING TO SPECIFIC AGENCY REQUIREMENTS. B. Irrigation Technique1. Low gallonage irrigation system, or higher gallonage systems with automaticcontroller capable of repeat cycling, used for more than 75% of thetotal landscaped area. Turf areas must utilize "spray" coverage, 20 ROOT BARRIERS drip systems may not be used for turf.ROOT BARRIERS SHALL BE INSTALLED ADJACENT TO ALL PAVING SURFACES WHERE APAVING SURFACE IS LOCATED WITHIN 6 FEET OF A TREE TRUNK. ROOT BARRIERS SHALLEXTEND 10 FEET IN EACH DIRECTION FROM THE CENTERLINE OF THE TRUNK, FOR A TOTALDISTANCE OF 20 FEET. ROOT BARRIERS SHALL BE MINIMUM OF 24 INCHES IN DEPTH.INSTALLING A ROOT BARRIER AROUND THE TREE'S ROOT BALL IS UNACCEPTABLE. 2. Automatic controller for irrigation system.3. Irrigation system designed using hydrozones towater plants according to their water needs (i.e., landscapematerials which require different watering 2010 needs are irrigated by separate control valves).4. Rain sensors used in conjunction with an automatic controller. IRRIGATION NOTES 10 5THE IRRIGATION SYSTEM WILL BE DESIGNED TO AFFORD OPTIMUM COVERAGE FOR THESUPPORT OF PLANT GROWTH. THE COVERAGE WILL MEET THE WATER REQUIREMENTS FORTHE SELECTED PLANT MATERIAL AND WITHIN THE GIVEN 5. Soil-moisture sensors used in conjunction with an automatic controller 6. In-head or in-line check valves are utilized 5PLANTING AREAS. THE DESIGN WILL TAKE INTO CONSIDERATION THE TYPE OF EXPOSURETHE SYSTEM WILL HAVE. THE IRRIGATION SYSTEM WILL BE DESIGNED WITH RESPECT TOWATER CONSERVATION. IRRIGATION HEADS SHALL BE CHOSEN FOR MAXIMUM COVERAGEWITH LOW-GALLONAGE AND PRECIPITATION QUALITIES. THE IRRIGATION SYSTEM SHALL BEA FULLY AUTOMATIC SYSTEM AND AS MAINTENANCE-FREE AS POSSIBLE. THE MATERIALSFOR THE SYSTEM WILL BE OF AN EXTREMELY DURABLE NATURE, AND WILL HAVE BEENSELECTED FOR WEAR RESISTANCE AND LONG LIFE. THE OVERALL SYSTEM SHALL BEDESIGNED FOR EASE OF MAINTENANCE. ALL LANDSCAPE AND IRRIGATION SHALLCONFORM TO THE STANDARDS OF THE CITYWIDE LANDSCAPE REGULATIONS AND THELANDSCAPE STANDARDS AND ALL OTHER LANDSCAPE RELATED CITY AND REGIONALSTANDARDS. ALL IRRIGATION SHALL UTILIZE A DESIGNATED SEPARATE IRRIGATION WATERMETER, AND SUBSURFACE DRIP OR ROTOR LOW PRECIPITATION RATE IRRIGATION WITH AWEATHER - BASED AUTOMATIC IRRIGATION SMART CONTROLLER. (whenever the cross gradient is greater than three feet in elevation). 7. Irrigation schedule which varies by season, and developedthrough the use of Evapotranspiration data (ET). 5 TOTAL: 75 POINTS T NOTE:GRADING AND DRAINAGE 1. MINIMUM TREE SIZES SHALL BE AS FOLLOWS:ALL GRADES AND DRAINAGE SWALES SHALL BE PER CIVIL ENGINEER'S GRADING ANDDEVELOPMENT PLAN. 15% 48" BOX15% 36" BOX20% 24" BOX50% 15 GAL. North1"=40'NOTES:2. MINIMUM SHRUB SIZES SHALL BE AS FOLLOWS:80% 5 GAL.20% 1 GAL. PARKING LOT CALCULATIONS:1. NO STRUCTURES HIGHER THAN 30" OR PLANT MATERIALHIGHER THAN 24" AT MATURITY SHALL BE ALLOWED WITHINTHE CLEAR SIGHT AREA. NET AREA OF ALL SURFACE PARKING AREA: 21,294 SQFT LANDSCAPING WITHIN PARKING AREA: 3,215 SQFT TOTAL: 15% 3. GROUNDCOVERS SHALL ACHIEVE 100% COVERAGE WITHIN 1 YEAR.2. ALL LANDSCAPED AREAS SHALL BE MAINTAINED BY THEPROJECT OWNER, INCLUDING REGULAR WATERING,PRUNING, FERTILIZING, CLEARING OF DEBRIS AND WEEDS,REMOVAL AND REPLACEMENT OF DEAD PLANTS AND REPAIRAND REPLACEMENT OF IRRIGATION SYSTEM.CITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERINGLandscape Concept Plan for:BUILDING 'B' r l a 2 6 8 1HO WARD XXXXA S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 2San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 88 KEY MAPVICINITY MAP H A R D T S T R E E T B R I E R S T R E E T NorthNTS H A R D T S T R E E T PROPOSED BUILDING 'C' PARKING SPACES: 4524' BOX TREES PROPOSED: 22 0 10'20'60' RATIO: 1 TREE PER 2 SPACES North Scale 1" = 20'CITY OF SAN BERNARDINOr l a 2 6 8 1HO WARD DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXLandscape Concept Plan for:BUILDING 'C' A S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 1San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 89 GENERAL NOTES CITY OF SAN BERNARDINO MC G19.28.130(5) 1. WATER CONSERVATION CRITERIA 1. FINAL LANDSCAPE PLANS SHALL ACCURATELY SHOW PLACEMENT OF TREES, SHRUBS AND GROUNDCOVERS.Plant Legend2. ALL REQUIRED LANDSCAPE AREAS, INCLUDING THE ROW, SHALL BE MAINTAINED PER CITY OF SAN BERNARDINOREQUIREMENTS. Compliance with the Water Conservation in Landscape Ordinance. A. Landscape Technique Points20 3. AUTOMATIC IRRIGATION SHALL BE INSTALLED TO PROVIDE COVERAGE FOR ALL PLANTING AREAS SHOWN ON THE PLAN. LOWVOLUME EQUIPMENT SHALL PROVIDE SUFFICIENT WATER FOR PLANT GROWTH WITH MINIMUM WATER LOSS DUE TO WATERRUN-OFF. IRRIGATION SYSTEMS SHALL USE HIGH QUALITY, AUTOMATIC CONTROL VALVES, CONTROLLERS AND OTHERNECESSARY IRRIGATION EQUIPMENT. ALL COMPONENTS SHALL BE OF NON-CORROSIVE MATERIAL. ALL DRIP SYSTEMS SHALLBE ADEQUATELY FILTERED AND REGULATED PER THE MANUFACTURES RECOMMENDED DESIGN PARAMETERS. ALL IRRIGATIONIMPROVEMENTS SHALL FOLLOW THE CITY OF SAN BERNARDINO GUIDELINES AND WATER CONSERVATION ORDINANCE. 1. Water conserving plants used in 75 percent ormore of the total landscaped area.2. Turf limited as follows: 20 a. All other projects* - 30 percent of total landscaped area.4. THE SELECTION OF PLANT MATERIAL IS BASED ON AESTHETIC AND MAINTENANCE CONSIDERATIONS. ALL PLANTING AREASSHALL BE PREPARED WITH APPROPRIATE SOIL AMENDMENTS, FERTILIZERS, AND APPROPRIATE SUPPLEMENTS BASED UPON ASOILS REPORT FROM AN AGRICULTURAL SUITABILITY SOIL SAMPLE TAKEN FROM THE SITE. GROUND COVERS OR BARK MULCHSHALL FILL IN BETWEEN SHRUBS TO SHIELD THE SOIL FROM THE SUN, EVAPOTRANSPIRATION, AND RUN-OFF. ALL THE SHRUBBEDS SHALL BE MULCHED TO A 3" DEPTH TO HELP CONSERVE WATER, LOWER THE SOIL TEMPERATURE AND REDUCE WEEDGROWTH. THE SHRUBS SHALL BE ALLOWED TO GROW IN THEIR NATURAL FORMS. ALL LANDSCAPE IMPROVEMENTS SHALLFOLLOW THE CITY OF SAN BERNARDINO GUIDELINES. 3. Plants placed or grouped into hydrozonesaccording to their watering needs. 10 10 10 4. Polymers incorporated into the soil to improve water holding capacity in turf and ground cover areas.5. A maintenance program consisting of:a. Periodic irrigation system repair.TREES:6. STREET TREES AND OTHER TREES SHALL BE SPACED AS FOLLOWS:6.1. 8' FROM TRANSFORMERS, CABLE, AND PULL BOXES6.2. 5 FEET FROM MAIL BOXES6.3. 5 FEET FROM FIRE HYDRANTS (ALL SIDES) b. Seasonal adjustments to the irrigation system. c. Practices which foster long term landscape water conservation.6.4. 10 FEET FROM CENTERLINE OF ALL UTILITY LINES (WITHOUT EASEMENT)(SEWER, WATER, STORM DRAINS, DOUBLE CHECKDETECTOR VALVES, AIR RELIEF VALVES, AND GAS)6.5. 10 FEET FROM EASEMENT BOUNDARIES (SEWER, WATER, STORM DRAINS, ACCESS OR OTHER UTILITIES)6.6. 10 FEET FROM DRIVEWAYS (UNLESS A LINE OF SIGHT IS DETERMINED BY THE TRAFFIC DIVISION TO BE OTHERWISE)6.7. 10 FEET FROM TRAFFIC AND DIRECTIONAL SIGNS 6. Where no groundcover is used, utilize wood chips, bark, or other organic mulch,to a depth of three inches on top of exposed soil or landscaped fabric, such asunderneath shrubs. 5 57. Organic soil amendments to improve water holding capacity ofsoil, where soil conditions merit. 6.8. 15 FEET (MINIMUM) FROM STREETLIGHTS, OTHER UTILITY POLES, (DETERMINED BY SPECIFICATIONS) 6.9. STREET TREES SHALL BE PLANTED 3' OUTSIDE RIGHT-OF-WAY IF THE RIGHT-OF-WAY DOES NOT ALLOW SPACE, SUBJECT TOCITY ENGINEERS APPROVAL. TOTAL: 80 POINTS6.10. LINE OF SIGHT AT ARTERIALS, COLLECTOR AND LOCAL STREETS SHALL BE REVIEWED AND DETERMINED BY THE TRAFFICENGINEER.6.11. MINIMUM FIFTEEN (15') STREETLIGHT AND STOP SIGN OR CLEARANCE DETERMINED BY SPECIFICATIONS.6.12. SCREEN ALL UTILITIES ACCORDING TO SPECIFIC AGENCY REQUIREMENTS. B. Irrigation Technique1. Low gallonage irrigation system, or higher gallonage systems with automaticcontroller capable of repeat cycling, used for more than 75% of thetotal landscaped area. Turf areas must utilize "spray" coverage, 20 ROOT BARRIERS drip systems may not be used for turf.ROOT BARRIERS SHALL BE INSTALLED ADJACENT TO ALL PAVING SURFACES WHERE APAVING SURFACE IS LOCATED WITHIN 6 FEET OF A TREE TRUNK. ROOT BARRIERS SHALLEXTEND 10 FEET IN EACH DIRECTION FROM THE CENTERLINE OF THE TRUNK, FOR A TOTALDISTANCE OF 20 FEET. ROOT BARRIERS SHALL BE MINIMUM OF 24 INCHES IN DEPTH.INSTALLING A ROOT BARRIER AROUND THE TREE'S ROOT BALL IS UNACCEPTABLE. 2. Automatic controller for irrigation system.3. Irrigation system designed using hydrozones towater plants according to their water needs (i.e., landscapematerials which require different watering 2010 needs are irrigated by separate control valves).4. Rain sensors used in conjunction with an automatic controller. IRRIGATION NOTES 10 5THE IRRIGATION SYSTEM WILL BE DESIGNED TO AFFORD OPTIMUM COVERAGE FOR THESUPPORT OF PLANT GROWTH. THE COVERAGE WILL MEET THE WATER REQUIREMENTS FORTHE SELECTED PLANT MATERIAL AND WITHIN THE GIVEN 5. Soil-moisture sensors used in conjunction with an automatic controller 6. In-head or in-line check valves are utilized 5PLANTING AREAS. THE DESIGN WILL TAKE INTO CONSIDERATION THE TYPE OF EXPOSURETHE SYSTEM WILL HAVE. THE IRRIGATION SYSTEM WILL BE DESIGNED WITH RESPECT TOWATER CONSERVATION. IRRIGATION HEADS SHALL BE CHOSEN FOR MAXIMUM COVERAGEWITH LOW-GALLONAGE AND PRECIPITATION QUALITIES. THE IRRIGATION SYSTEM SHALL BEA FULLY AUTOMATIC SYSTEM AND AS MAINTENANCE-FREE AS POSSIBLE. THE MATERIALSFOR THE SYSTEM WILL BE OF AN EXTREMELY DURABLE NATURE, AND WILL HAVE BEENSELECTED FOR WEAR RESISTANCE AND LONG LIFE. THE OVERALL SYSTEM SHALL BEDESIGNED FOR EASE OF MAINTENANCE. ALL LANDSCAPE AND IRRIGATION SHALLCONFORM TO THE STANDARDS OF THE CITYWIDE LANDSCAPE REGULATIONS AND THELANDSCAPE STANDARDS AND ALL OTHER LANDSCAPE RELATED CITY AND REGIONALSTANDARDS. ALL IRRIGATION SHALL UTILIZE A DESIGNATED SEPARATE IRRIGATION WATERMETER, AND SUBSURFACE DRIP OR ROTOR LOW PRECIPITATION RATE IRRIGATION WITH AWEATHER - BASED AUTOMATIC IRRIGATION SMART CONTROLLER. (whenever the cross gradient is greater than three feet in elevation). 7. Irrigation schedule which varies by season, and developedthrough the use of Evapotranspiration data (ET). 5 TOTAL: 75 POINTS NOTE:GRADING AND DRAINAGE 1. MINIMUM TREE SIZES SHALL BE AS FOLLOWS:ALL GRADES AND DRAINAGE SWALES SHALL BE PER CIVIL ENGINEER'S GRADING ANDDEVELOPMENT PLAN. 15% 48" BOX15% 36" BOX20% 24" BOX50% 15 GAL. North1"=40'NOTES:2. MINIMUM SHRUB SIZES SHALL BE AS FOLLOWS:80% 5 GAL.20% 1 GAL. PARKING LOT CALCULATIONS:1. NO STRUCTURES HIGHER THAN 30" OR PLANT MATERIALHIGHER THAN 24" AT MATURITY SHALL BE ALLOWED WITHINTHE CLEAR SIGHT AREA. NET AREA OF ALL SURFACE PARKING AREA: 22,097 SQFT LANDSCAPING WITHIN PARKING AREA: 3,440 SQFT TOTAL 16% 3. GROUNDCOVERS SHALL ACHIEVE 100% COVERAGE WITHIN 1 YEAR.2. ALL LANDSCAPED AREAS SHALL BE MAINTAINED BY THEPROJECT OWNER, INCLUDING REGULAR WATERING,PRUNING, FERTILIZING, CLEARING OF DEBRIS AND WEEDS,REMOVAL AND REPLACEMENT OF DEAD PLANTS AND REPAIRAND REPLACEMENT OF IRRIGATION SYSTEM.CITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERINGLandscape Concept Plan for:BUILDING 'C' r l a 2 6 8 1HO WARD XXXXA S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 2San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 90 VICINITY MAP KEY MAP: D1 : D2 PARKING SPACES: 8124' BOX TREES PROPOSED: 39RATIO: 1 TREE PER 2.1 SPACES H A R D T S T R E E T B R I E R S T R E E T NorthNTS PROPOSED BUILDING 'D1'PROPOSED BUILDING 'D2' B R I E R S T R E E T 0 10'20'60' North Scale 1" = 20'CITY OF SAN BERNARDINOr l a 2 6 8 1HO WARD DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXLandscape Concept Plan for:BUILDING 'D' A S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 1San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 91 GENERAL NOTES CITY OF SAN BERNARDINO MC G19.28.130(5) 1. WATER CONSERVATION CRITERIA 1. FINAL LANDSCAPE PLANS SHALL ACCURATELY SHOW PLACEMENT OF TREES, SHRUBS AND GROUNDCOVERS.Plant Legend2. ALL REQUIRED LANDSCAPE AREAS, INCLUDING THE ROW, SHALL BE MAINTAINED PER CITY OF SAN BERNARDINOREQUIREMENTS. Compliance with the Water Conservation in Landscape Ordinance. A. Landscape Technique Points20 3. AUTOMATIC IRRIGATION SHALL BE INSTALLED TO PROVIDE COVERAGE FOR ALL PLANTING AREAS SHOWN ON THE PLAN. LOWVOLUME EQUIPMENT SHALL PROVIDE SUFFICIENT WATER FOR PLANT GROWTH WITH MINIMUM WATER LOSS DUE TO WATERRUN-OFF. IRRIGATION SYSTEMS SHALL USE HIGH QUALITY, AUTOMATIC CONTROL VALVES, CONTROLLERS AND OTHERNECESSARY IRRIGATION EQUIPMENT. ALL COMPONENTS SHALL BE OF NON-CORROSIVE MATERIAL. ALL DRIP SYSTEMS SHALLBE ADEQUATELY FILTERED AND REGULATED PER THE MANUFACTURES RECOMMENDED DESIGN PARAMETERS. ALL IRRIGATIONIMPROVEMENTS SHALL FOLLOW THE CITY OF SAN BERNARDINO GUIDELINES AND WATER CONSERVATION ORDINANCE. 1. Water conserving plants used in 75 percent ormore of the total landscaped area.2. Turf limited as follows: 20 a. All other projects* - 30 percent of total landscaped area.4. THE SELECTION OF PLANT MATERIAL IS BASED ON AESTHETIC AND MAINTENANCE CONSIDERATIONS. ALL PLANTING AREASSHALL BE PREPARED WITH APPROPRIATE SOIL AMENDMENTS, FERTILIZERS, AND APPROPRIATE SUPPLEMENTS BASED UPON ASOILS REPORT FROM AN AGRICULTURAL SUITABILITY SOIL SAMPLE TAKEN FROM THE SITE. GROUND COVERS OR BARK MULCHSHALL FILL IN BETWEEN SHRUBS TO SHIELD THE SOIL FROM THE SUN, EVAPOTRANSPIRATION, AND RUN-OFF. ALL THE SHRUBBEDS SHALL BE MULCHED TO A 3" DEPTH TO HELP CONSERVE WATER, LOWER THE SOIL TEMPERATURE AND REDUCE WEEDGROWTH. THE SHRUBS SHALL BE ALLOWED TO GROW IN THEIR NATURAL FORMS. ALL LANDSCAPE IMPROVEMENTS SHALLFOLLOW THE CITY OF SAN BERNARDINO GUIDELINES. 3. Plants placed or grouped into hydrozonesaccording to their watering needs. 10 10 10 4. Polymers incorporated into the soil to improve water holding capacity in turf and ground cover areas.5. A maintenance program consisting of:a. Periodic irrigation system repair.TREES:6. STREET TREES AND OTHER TREES SHALL BE SPACED AS FOLLOWS:6.1. 8' FROM TRANSFORMERS, CABLE, AND PULL BOXES6.2. 5 FEET FROM MAIL BOXES6.3. 5 FEET FROM FIRE HYDRANTS (ALL SIDES) b. Seasonal adjustments to the irrigation system. c. Practices which foster long term landscape water conservation.6.4. 10 FEET FROM CENTERLINE OF ALL UTILITY LINES (WITHOUT EASEMENT)(SEWER, WATER, STORM DRAINS, DOUBLE CHECKDETECTOR VALVES, AIR RELIEF VALVES, AND GAS)6.5. 10 FEET FROM EASEMENT BOUNDARIES (SEWER, WATER, STORM DRAINS, ACCESS OR OTHER UTILITIES)6.6. 10 FEET FROM DRIVEWAYS (UNLESS A LINE OF SIGHT IS DETERMINED BY THE TRAFFIC DIVISION TO BE OTHERWISE)6.7. 10 FEET FROM TRAFFIC AND DIRECTIONAL SIGNS 6. Where no groundcover is used, utilize wood chips, bark, or other organic mulch,to a depth of three inches on top of exposed soil or landscaped fabric, such asunderneath shrubs. 5 57. Organic soil amendments to improve water holding capacity ofsoil, where soil conditions merit. 6.8. 15 FEET (MINIMUM) FROM STREETLIGHTS, OTHER UTILITY POLES, (DETERMINED BY SPECIFICATIONS) 6.9. STREET TREES SHALL BE PLANTED 3' OUTSIDE RIGHT-OF-WAY IF THE RIGHT-OF-WAY DOES NOT ALLOW SPACE, SUBJECT TOCITY ENGINEERS APPROVAL. TOTAL: 80 POINTS6.10. LINE OF SIGHT AT ARTERIALS, COLLECTOR AND LOCAL STREETS SHALL BE REVIEWED AND DETERMINED BY THE TRAFFICENGINEER.6.11. MINIMUM FIFTEEN (15') STREETLIGHT AND STOP SIGN OR CLEARANCE DETERMINED BY SPECIFICATIONS.6.12. SCREEN ALL UTILITIES ACCORDING TO SPECIFIC AGENCY REQUIREMENTS. B. Irrigation Technique1. Low gallonage irrigation system, or higher gallonage systems with automaticcontroller capable of repeat cycling, used for more than 75% of thetotal landscaped area. Turf areas must utilize "spray" coverage, 20 ROOT BARRIERS drip systems may not be used for turf.ROOT BARRIERS SHALL BE INSTALLED ADJACENT TO ALL PAVING SURFACES WHERE APAVING SURFACE IS LOCATED WITHIN 6 FEET OF A TREE TRUNK. ROOT BARRIERS SHALLEXTEND 10 FEET IN EACH DIRECTION FROM THE CENTERLINE OF THE TRUNK, FOR A TOTALDISTANCE OF 20 FEET. ROOT BARRIERS SHALL BE MINIMUM OF 24 INCHES IN DEPTH.INSTALLING A ROOT BARRIER AROUND THE TREE'S ROOT BALL IS UNACCEPTABLE. 2. Automatic controller for irrigation system.3. Irrigation system designed using hydrozones towater plants according to their water needs (i.e., landscapematerials which require different watering 2010 needs are irrigated by separate control valves).4. Rain sensors used in conjunction with an automatic controller. IRRIGATION NOTES 10 5THE IRRIGATION SYSTEM WILL BE DESIGNED TO AFFORD OPTIMUM COVERAGE FOR THESUPPORT OF PLANT GROWTH. THE COVERAGE WILL MEET THE WATER REQUIREMENTS FORTHE SELECTED PLANT MATERIAL AND WITHIN THE GIVEN 5. Soil-moisture sensors used in conjunction with an automatic controller 6. In-head or in-line check valves are utilized 5PLANTING AREAS. THE DESIGN WILL TAKE INTO CONSIDERATION THE TYPE OF EXPOSURETHE SYSTEM WILL HAVE. THE IRRIGATION SYSTEM WILL BE DESIGNED WITH RESPECT TOWATER CONSERVATION. IRRIGATION HEADS SHALL BE CHOSEN FOR MAXIMUM COVERAGEWITH LOW-GALLONAGE AND PRECIPITATION QUALITIES. THE IRRIGATION SYSTEM SHALL BEA FULLY AUTOMATIC SYSTEM AND AS MAINTENANCE-FREE AS POSSIBLE. THE MATERIALSFOR THE SYSTEM WILL BE OF AN EXTREMELY DURABLE NATURE, AND WILL HAVE BEENSELECTED FOR WEAR RESISTANCE AND LONG LIFE. THE OVERALL SYSTEM SHALL BEDESIGNED FOR EASE OF MAINTENANCE. ALL LANDSCAPE AND IRRIGATION SHALLCONFORM TO THE STANDARDS OF THE CITYWIDE LANDSCAPE REGULATIONS AND THELANDSCAPE STANDARDS AND ALL OTHER LANDSCAPE RELATED CITY AND REGIONALSTANDARDS. ALL IRRIGATION SHALL UTILIZE A DESIGNATED SEPARATE IRRIGATION WATERMETER, AND SUBSURFACE DRIP OR ROTOR LOW PRECIPITATION RATE IRRIGATION WITH AWEATHER - BASED AUTOMATIC IRRIGATION SMART CONTROLLER. (whenever the cross gradient is greater than three feet in elevation). 7. Irrigation schedule which varies by season, and developedthrough the use of Evapotranspiration data (ET). 5 TOTAL: 75 POINTS NOTE:GRADING AND DRAINAGE 1. MINIMUM TREE SIZES SHALL BE AS FOLLOWS:ALL GRADES AND DRAINAGE SWALES SHALL BE PER CIVIL ENGINEER'S GRADING ANDDEVELOPMENT PLAN. 15% 48" BOX15% 36" BOX20% 24" BOX50% 15 GAL. NOTES:2. MINIMUM SHRUB SIZES SHALL BE AS FOLLOWS:80% 5 GAL.20% 1 GAL. 1. NO STRUCTURES HIGHER THAN 30" OR PLANT MATERIALHIGHER THAN 24" AT MATURITY SHALL BE ALLOWED WITHINTHE CLEAR SIGHT AREA. PARKING LOT CALCULATIONS:3. GROUNDCOVERS SHALL ACHIEVE 100% COVERAGE WITHIN 1 YEAR.2. ALL LANDSCAPED AREAS SHALL BE MAINTAINED BY THEPROJECT OWNER, INCLUDING REGULAR WATERING,PRUNING, FERTILIZING, CLEARING OF DEBRIS AND WEEDS,REMOVAL AND REPLACEMENT OF DEAD PLANTS AND REPAIRAND REPLACEMENT OF IRRIGATION SYSTEM. NET AREA OF ALL SURFACE PARKING AREA: 38,467 SQFT LANDSCAPING WITHIN PARKING AREA: 5,801 SQFT TOTAL: 15% North1"=40' CITY OF SAN BERNARDINOr l a 2 6 8 1HO WARD DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXLandscape Concept Plan for:BUILDING 'D' A S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 2San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 92 VICINITY MAP KEY MAP H A R D T S T R E E T PARKING SPACES: 6724' BOX TREES PROPOSED: 31RATIO: 1 TREE PER 2.1 SPACES B R I E R S T R E E T NorthNTS T PROPOSED BUILDING 'E' B R I E R S T R E E T 0 10'20'60' North Scale 1" = 20'CITY OF SAN BERNARDINOr l a 2 6 8 1HO WARD DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXLandscape Concept Plan for:BUILDING 'E' A S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 1San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 93 GENERAL NOTES CITY OF SAN BERNARDINO MC G19.28.130(5) 1. WATER CONSERVATION CRITERIA 1. FINAL LANDSCAPE PLANS SHALL ACCURATELY SHOW PLACEMENT OF TREES, SHRUBS AND GROUNDCOVERS.Plant Legend2. ALL REQUIRED LANDSCAPE AREAS, INCLUDING THE ROW, SHALL BE MAINTAINED PER CITY OF SAN BERNARDINOREQUIREMENTS. Compliance with the Water Conservation in Landscape Ordinance. A. Landscape Technique Points20 3. AUTOMATIC IRRIGATION SHALL BE INSTALLED TO PROVIDE COVERAGE FOR ALL PLANTING AREAS SHOWN ON THE PLAN. LOWVOLUME EQUIPMENT SHALL PROVIDE SUFFICIENT WATER FOR PLANT GROWTH WITH MINIMUM WATER LOSS DUE TO WATERRUN-OFF. IRRIGATION SYSTEMS SHALL USE HIGH QUALITY, AUTOMATIC CONTROL VALVES, CONTROLLERS AND OTHERNECESSARY IRRIGATION EQUIPMENT. ALL COMPONENTS SHALL BE OF NON-CORROSIVE MATERIAL. ALL DRIP SYSTEMS SHALLBE ADEQUATELY FILTERED AND REGULATED PER THE MANUFACTURES RECOMMENDED DESIGN PARAMETERS. ALL IRRIGATIONIMPROVEMENTS SHALL FOLLOW THE CITY OF SAN BERNARDINO GUIDELINES AND WATER CONSERVATION ORDINANCE. 1. Water conserving plants used in 75 percent ormore of the total landscaped area.2. Turf limited as follows: 20 a. All other projects* - 30 percent of total landscaped area.4. THE SELECTION OF PLANT MATERIAL IS BASED ON AESTHETIC AND MAINTENANCE CONSIDERATIONS. ALL PLANTING AREASSHALL BE PREPARED WITH APPROPRIATE SOIL AMENDMENTS, FERTILIZERS, AND APPROPRIATE SUPPLEMENTS BASED UPON ASOILS REPORT FROM AN AGRICULTURAL SUITABILITY SOIL SAMPLE TAKEN FROM THE SITE. GROUND COVERS OR BARK MULCHSHALL FILL IN BETWEEN SHRUBS TO SHIELD THE SOIL FROM THE SUN, EVAPOTRANSPIRATION, AND RUN-OFF. ALL THE SHRUBBEDS SHALL BE MULCHED TO A 3" DEPTH TO HELP CONSERVE WATER, LOWER THE SOIL TEMPERATURE AND REDUCE WEEDGROWTH. THE SHRUBS SHALL BE ALLOWED TO GROW IN THEIR NATURAL FORMS. ALL LANDSCAPE IMPROVEMENTS SHALLFOLLOW THE CITY OF SAN BERNARDINO GUIDELINES. 3. Plants placed or grouped into hydrozonesaccording to their watering needs. 10 10 10 4. Polymers incorporated into the soil to improve water holding capacity in turf and ground cover areas.5. A maintenance program consisting of:a. Periodic irrigation system repair.TREES:6. STREET TREES AND OTHER TREES SHALL BE SPACED AS FOLLOWS:6.1. 8' FROM TRANSFORMERS, CABLE, AND PULL BOXES6.2. 5 FEET FROM MAIL BOXES6.3. 5 FEET FROM FIRE HYDRANTS (ALL SIDES) b. Seasonal adjustments to the irrigation system. c. Practices which foster long term landscape water conservation.6.4. 10 FEET FROM CENTERLINE OF ALL UTILITY LINES (WITHOUT EASEMENT)(SEWER, WATER, STORM DRAINS, DOUBLE CHECKDETECTOR VALVES, AIR RELIEF VALVES, AND GAS)6.5. 10 FEET FROM EASEMENT BOUNDARIES (SEWER, WATER, STORM DRAINS, ACCESS OR OTHER UTILITIES)6.6. 10 FEET FROM DRIVEWAYS (UNLESS A LINE OF SIGHT IS DETERMINED BY THE TRAFFIC DIVISION TO BE OTHERWISE)6.7. 10 FEET FROM TRAFFIC AND DIRECTIONAL SIGNS 6. Where no groundcover is used, utilize wood chips, bark, or other organic mulch,to a depth of three inches on top of exposed soil or landscaped fabric, such asunderneath shrubs. 5 57. Organic soil amendments to improve water holding capacity ofsoil, where soil conditions merit. 6.8. 15 FEET (MINIMUM) FROM STREETLIGHTS, OTHER UTILITY POLES, (DETERMINED BY SPECIFICATIONS) 6.9. STREET TREES SHALL BE PLANTED 3' OUTSIDE RIGHT-OF-WAY IF THE RIGHT-OF-WAY DOES NOT ALLOW SPACE, SUBJECT TOCITY ENGINEERS APPROVAL. TOTAL: 80 POINTS6.10. LINE OF SIGHT AT ARTERIALS, COLLECTOR AND LOCAL STREETS SHALL BE REVIEWED AND DETERMINED BY THE TRAFFICENGINEER.6.11. MINIMUM FIFTEEN (15') STREETLIGHT AND STOP SIGN OR CLEARANCE DETERMINED BY SPECIFICATIONS.6.12. SCREEN ALL UTILITIES ACCORDING TO SPECIFIC AGENCY REQUIREMENTS. B. Irrigation Technique1. Low gallonage irrigation system, or higher gallonage systems with automaticcontroller capable of repeat cycling, used for more than 75% of thetotal landscaped area. Turf areas must utilize "spray" coverage, 20 ROOT BARRIERS drip systems may not be used for turf.ROOT BARRIERS SHALL BE INSTALLED ADJACENT TO ALL PAVING SURFACES WHERE APAVING SURFACE IS LOCATED WITHIN 6 FEET OF A TREE TRUNK. ROOT BARRIERS SHALLEXTEND 10 FEET IN EACH DIRECTION FROM THE CENTERLINE OF THE TRUNK, FOR A TOTALDISTANCE OF 20 FEET. ROOT BARRIERS SHALL BE MINIMUM OF 24 INCHES IN DEPTH.INSTALLING A ROOT BARRIER AROUND THE TREE'S ROOT BALL IS UNACCEPTABLE. 2. Automatic controller for irrigation system.3. Irrigation system designed using hydrozones towater plants according to their water needs (i.e., landscapematerials which require different watering 2010 needs are irrigated by separate control valves).4. Rain sensors used in conjunction with an automatic controller. IRRIGATION NOTES 10 5THE IRRIGATION SYSTEM WILL BE DESIGNED TO AFFORD OPTIMUM COVERAGE FOR THESUPPORT OF PLANT GROWTH. THE COVERAGE WILL MEET THE WATER REQUIREMENTS FORTHE SELECTED PLANT MATERIAL AND WITHIN THE GIVEN 5. Soil-moisture sensors used in conjunction with an automatic controller 6. In-head or in-line check valves are utilized 5PLANTING AREAS. THE DESIGN WILL TAKE INTO CONSIDERATION THE TYPE OF EXPOSURETHE SYSTEM WILL HAVE. THE IRRIGATION SYSTEM WILL BE DESIGNED WITH RESPECT TOWATER CONSERVATION. IRRIGATION HEADS SHALL BE CHOSEN FOR MAXIMUM COVERAGEWITH LOW-GALLONAGE AND PRECIPITATION QUALITIES. THE IRRIGATION SYSTEM SHALL BEA FULLY AUTOMATIC SYSTEM AND AS MAINTENANCE-FREE AS POSSIBLE. THE MATERIALSFOR THE SYSTEM WILL BE OF AN EXTREMELY DURABLE NATURE, AND WILL HAVE BEENSELECTED FOR WEAR RESISTANCE AND LONG LIFE. THE OVERALL SYSTEM SHALL BEDESIGNED FOR EASE OF MAINTENANCE. ALL LANDSCAPE AND IRRIGATION SHALLCONFORM TO THE STANDARDS OF THE CITYWIDE LANDSCAPE REGULATIONS AND THELANDSCAPE STANDARDS AND ALL OTHER LANDSCAPE RELATED CITY AND REGIONALSTANDARDS. ALL IRRIGATION SHALL UTILIZE A DESIGNATED SEPARATE IRRIGATION WATERMETER, AND SUBSURFACE DRIP OR ROTOR LOW PRECIPITATION RATE IRRIGATION WITH AWEATHER - BASED AUTOMATIC IRRIGATION SMART CONTROLLER. (whenever the cross gradient is greater than three feet in elevation). 7. Irrigation schedule which varies by season, and developedthrough the use of Evapotranspiration data (ET). 5 TOTAL: 75 POINTS T NOTE:GRADING AND DRAINAGE 1. MINIMUM TREE SIZES SHALL BE AS FOLLOWS:ALL GRADES AND DRAINAGE SWALES SHALL BE PER CIVIL ENGINEER'S GRADING ANDDEVELOPMENT PLAN. 15% 48" BOX15% 36" BOX20% 24" BOX50% 15 GAL. NOTES:2. MINIMUM SHRUB SIZES SHALL BE AS FOLLOWS:80% 5 GAL.20% 1 GAL. 1. NO STRUCTURES HIGHER THAN 30" OR PLANT MATERIALHIGHER THAN 24" AT MATURITY SHALL BE ALLOWED WITHINTHE CLEAR SIGHT AREA. PARKING LOT CALCULATIONS:3. GROUNDCOVERS SHALL ACHIEVE 100% COVERAGE WITHIN 1 YEAR.North1"=40' 2. ALL LANDSCAPED AREAS SHALL BE MAINTAINED BY THEPROJECT OWNER, INCLUDING REGULAR WATERING,PRUNING, FERTILIZING, CLEARING OF DEBRIS AND WEEDS,REMOVAL AND REPLACEMENT OF DEAD PLANTS AND REPAIRAND REPLACEMENT OF IRRIGATION SYSTEM. NET AREA OF ALL SURFACE PARKING AREA: 28,145 SQFT LANDSCAPING WITHIN PARKING AREA: 5,440 SQFT TOTAL 19% CITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERINGLandscape Concept Plan for:BUILDING 'E' r l a 2 6 8 1HO WARD XXXXA S S O C I A T E Sl a n d s c a p e a r c h i t e c t u r e1 9 5 1 F o u r t h a v e n u e 2San Bernardino Business Park 2S u i t e 3 0 2s a n d i e g o c a 9 2 1 01 619 718 9660 HARDT ST TO E BRIER DR       Packet Page. 94 LEGENDDIVISION IV GRADING NOTES DIVISION V TESTING AND INSPECTIONCITY OF SAN BERNARDINOGRADING PLAN FOR: PROPOSED IMPROVEMENTS1. ALL WORK SHALL BE IN ACCORDANCE WITH TITLE 15 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE, THESTANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK) LATEST EDITION, AND ALLSUPPLEMENTS. THE PRELIMINARY SOILS REPORT DATED AND ANY SPECIAL REQUIREMENTS OF THE PERMIT. TESTING AND INSPECTION ARE AS PER REQUIREMENTS OF THE UNIFORM BUILDING CODE ANDAPPLICABLE CITY CODES, IN ADDITION TO CODE REQUIREMENTS, THE FOLLOWING SHALL APPLYWHERE APPLICABLE: IMPROVEMENT STANDARD DWGS.SYMBOLCURB (PVT)....................................................................................................................4” PCC SIDEWALK.........................................................................................................PERMEABLE PAVEMENT..............................................................................................PCC HARDSCAPE.......................................................................................................... HARDT & BRIER BUSINESS PARK 2. APPROVAL OF THIS PLAN BY THE CITY OF SAN BERNARDINO DOES NOT CONSTITUTE A REPRESENTATION AS TOTHE ACCURACY OF THE LOCATION OR OF THE EXISTENCE OR NON-EXISTENCE OF ANY UNDERGROUND UTILITYPIPE OR STRUCTURE WITHIN THE LIMITS OF THIS PROJECT. THE CONTRACTOR SHALL ASSUME FULLRESPONSIBILITY FOR THE PROTECTION OF ALL UTILITIES WITHIN THE LIMITS OF THIS PROJECT. 1. FILL TO BE COMPACTED TO NOT LESS THAN 90% OF MAXIMUM DENSITY AS DETERMINED BYASTM SOIL COMPACTION TEST D1557-70T.BIOFILTRATION BASIN..................................................................................................INFILTRATION BASIN..................................................................................................... 2. NOT LESS THAN ONE FIELD DENSITY TEST WILL BE MADE FOR EACH 2 FEET VERTICAL LIFT OFFILL, NOR LESS THAN ONE SUCH TEST FOR EACH 1,000 CUBIC YARDS OF MATERIAL PLACED.3. PROPOSED STARTING DATE___________ AND COMPLETION DATE ______________ OF GRADING. 4. CUT YARDAGE: 4,800 C.Y. FILL YARDAGE: 2,400 C.Y. PRECAST CONCRETE CATCH BASIN (PVT-SIZE PER PLAN)...................................STORM DRAIN PIPE (PVT)............................................................................................ 3. FIELD DENSITY WILL BE DETERMINED BY THE SAND-CONE METHOD ASTM D1556-64. INFINE-GRAINED, COHESIVE SOILS FIELD DENSITY MAY BE DETERMINED BY THE DRIVE-CYLINDERMETHOD. D9237-71 ASTM PROVIDED NOT LESS THAN 20% OF THE REQUIRED DENSITY TESTS.UNIFORMLY DISTRIBUTED, ARE BY THE SAND CONE METHOD. THE METHOD OF DETERMININGFIELD DENSITY SHALL BE SHOWN IN THE COMPACTION REPORT. OTHER METHODS MAY BE USEDIF RECOMMENDED BY THE SOILS ENGINEER AND APPROVED IN ADVANCE BY THE BUILDINGOFFICIAL. SITE CURB CATCH BASIN...................................................................................................... MODULAR WETLAND SYSTEM.................................................................................... STORM MANHOLE........................................................................................................ 5. DUST SHALL BE CONTROLLED BY WATERING.6. FINISH GRADING WILL BE COMPLETED AND APPROVED BEFORE OCCUPANCY OF BUILDINGS.HARDT STREET7. PUBLIC STREETS SHALL BE KEPT CLEAN AND FREE FROM DIRT AND/OR DEBRIS. THE GRADINGCONTRACTOR SHALL BE RESPONSIBLE FOR ALL COSTS INCURRED IN STREET CLEANING NECESSITATED BYHIS OPERATION. 4. DENSITY TESTS WILL BE MADE AT POINTS APPROXIMATELY ONE FOOT BELOW THE FILL SLOPESURFACE. ONE TEST WILL BE MADE FOR EACH 1.000 SQUARE FEET OF SLOPE SURFACE, BUT NOTLESS THAN ONE TEST FOR EACH 10-FOOT VERTICAL OF SLOPE HEIGHT. TRENCH DRAIN..............................................................................................................RPDA BACKFLOW PREVENTOR...................................................................................GATE VALVE...................................................................................................................SANITARY SEWER.........................................................................................................DOMESTIC WATER........................................................................................................FIRE WATER................................................................................................................... 8. THE FACE OF ALL CUT AND FILL SLOPES SHALL BE PLANTED WITH A GROUND COVER APPROVED BY THE CITYENGINEER. E BRIER DR 5. ALI PADS AT ROUGH GRADING WILL HAVE A MINIMUM SLOPE OF 1% TOWARD THE STREET ORDESIGNED DRAINAGE OUTLET.9. THE CIVIL ENGINEER RESPONSIBLE FOR PLAN PREPARATION SHALL SIGN THE FOLLOWING STATEMENT ON THEPLANS: 6. ENGINEER MUST SET GRADE STAKES FOR ALL DRAINAGE DEVICES AND INSPECTIONS MUST BEOBTAINED BEFORE POURING. THRUST BLOCK............................................................................................................. TRANSFORMER W/ PAD............................................................................................... “I CERTIFY THAT I WILL BE RESPONSIBLE FOR THIS GRADING IN ACCORDANCE WITH SECTION 7014(C) OF THEBUILDING CODE TO INCLUDE INCORPORATING ALL RECOMMENDATIONS OF THE SOILS ENGINEER, REPORT ANDBE RESPONSIBLE FOR PROFESSIONAL INSPECTION AND APPROVAL OF THE GRADING. THIS SHALL INCLUDE, BUTNOT BE LIMITED TO, INSPECTION AND APPROVAL AS TO THE ESTABLISHMENT OF LINE GRADE AND DRAINAGE OFDEVELOPMENT AREA. I WILL ALSO BE RESPONSIBLE FOR THE PREPARATION OF REVISED PLANS AND THESUBMISSION OF 'AS GRADED' GRADING PLANS UPON THE COMPLETION OF THE WORK. 7. THE FINAL COMPACTION REPORT AND APPROVAL FROM THE SOIIS ENGINEER SHALL CONTAINTHE TYPE OF FIELD TESTING PERFORMED. EACH TEST SHALL BE IDENTIFIED WITH THE METHODOF OBTAINING THE IN-PLACE DENSITY. WHETHER SAND-CONE. DRIVE-RING, OR OTHERAPPROVED METHOD AND SHALL BE SO NOTED FOR EACH TEST. SUFFICIENT MAXIMUM DENSITYDETERMINATIONS SHALL BE PERFORMED TO VERIFY THE ACCURACY OF THE MAXIMUM DENSITYCURVES USED BY THE FIELD TECHNICIAN. RIP RAP..........................................................................................................................SEWER MANHOLE.........................................................................................................FLOWLINE.......................................................................................................................RETAINING WALL...........................................................................................................BROW DITCH.................................................................................................................. VICINITY MAPN.T.S.8. ALL TRENCH BACKFILLS SHALL BE TESTED AND APPROVED BY THE SITE SOILS ENGINEER PERTHE GRADING CODE. FIRE HYDRANT............................................................................................................... TRASH ENCLOSURE..................................................................................................... SAM BELLOMIOSUPERVISING CIVIL ENGINEER 90818R.C.E. NUMBER DATE C4.0 C4.1 9. THE PERMITTEE OR HIS AGENT SHALL NOTIFY THE CITY OF SAN BERNARDINO WHEN THEGRADING OPERATION (EXCEEDING 5000 CU. YDS.) IS READY FOR EACH OF THE FOLLOWINGINSPECTIONS: 10. THE SOILS ENGINEER SHALL SIGN THE FOLLOWING STATEMENT ON THE PLANS:EXISTING IMPROVEMENTS“I SHALL PROVIDE PROFESSIONAL INSPECTION AND APPROVAL CONCERNING THE PREPARATION OF GROUND TORECEIVE FILLS, TESTING FOR REQUIRED COMPACTION STABILITY OF ALL FINISHED SLOPES ANDINCORPORATING THE DATE SUPPLIED BY THE ENGINEERING GEOLOGIST AND THE PREPARATION OF THE SOILSGRADING REPORT.” A) INITIAL INSPECTION. WHEN THE PERMITTEE IS READY TO BEGIN WORK. BUT NOT LESSTHAN TWO DAYS BEFORE ANY GRADING OR BRUSHING IS STARTED. ITEM SYMBOLUTILITY VALVE......................................................................................................................C4.2 FIRE HYDRANT......................................................................................................................UTILITY BOX.........................................................................................................................SEWER MANHOLE..................................................................................................................STREET LIGHT.......................................................................................................................TREE....................................................................................................................................STORM DRAIN PIPE...............................................................................................................WATER LINE..........................................................................................................................SEWER LINE..........................................................................................................................OVERHEAD LINE....................................................................................................................CENTERLINE.......................................................................................................................... PROPERTY LINE....................................................................................................................EASEMENT LINE....................................................................................................................LOT LINE..............................................................................................................................EARTH SWALE....................................................................................................................... B) TOE INSPECTION. AFTER THE NATURAL GROUND OR BEDROCK IS EXPOSED ANDPREPARED TO RECEIVE FILL, BUT BEFORE FILL IS PLACED.DHARMESH AMINSUPERVISING CIVIL ENGINEER(TO BE SIGNED PRIOR TO ISSUANCE OF GRADING PERMIT BY SOILS ENGINEER OF RECORD) 2553R.C.E. NUMBER DATE C) EXCAVATION INSPECTION. AFTER THE EXCAVATION IS STARTED, BUT BEFORE THEVERTICAL DEPTH OF THE EXCAVATION. EXCEEDS TEN FEET. C4.3 C4.6 C4.4 C4.5 11. NO GRADING IN EXCESS OF 5000 CU. YDS. SHALL BE STARTED WITHOUT FIRST NOTIFYING THEENGINEER. A PRE-GRADING MEETING AT THE SITE IS REQUIRED BEFORE START OF GRADING WITH THEFOLLOWING PEOPLE PRESENT: OWNER, GRADING CONTRACTOR, SUPERVISING CIVIL ENGINEER, SOILSENGINEER AND/OR GEOLOGIST, CITY CONSTRUCTION INSPECTORS OR THEIR REPRESENTATIVES. D) FILL INSPECTION. AFTER THE FILL PLACEMENT IS STARTED, BUT BEFORE THE VERTICALHEIGHT OF THE FILL EXCEEDS TEN FEET.E) DRAINAGE DEVICE INSPECTION. AFTER FORMING OF TERRACE DRAINS, DOWN DRAINSOR AFTER PLACEMENT OF PIPE IN SUB DRAINS, BUT BEFORE ANY CONCRETE OR FILLMATERIAL IS PLACED. 12. THE PERMITTEE OR HIS AGENT SHALL NOTIFY THE CITY OF SAN BERNARDINO W HEN THE GRADING OPERATION(EXCEEDING 5000 CU. YDS.) IS READY FOR REQUIRED INSPECTIONS AS SHOWN IN THE TESTING AND INSPECTIONREQUIREMENTS OF DIVISION V. KEY MAP F) ROUGH GRADING . WHEN ALI ROUGH GRADING HAS BEEN COMPLETED. THIS INSPECTIONMAY BE CALLED FOR AT THE COMPLETION OF ROUGH GRADING WITHOUT THE NECESSITYOF THE BUILDING OFFICIAL HAVING PREVIOUSLY REVIEWED AND APPROVED THE REPORT. SUPPLEMENTAL GRADING NOTES OWNER/APPLICANT(TO BE USED WHEN APPLICABLE)G) FINAL .WHEN ALL WORK, INCLUDING INSTALLATION OF ALL DRAINAGE STRUCTURES ANDOTHER PROTECTIVE DEVICES HAS BEEN COMPLETED AND THE AS-GRADED PLAN,PROFESSIONAL CERTIFICATIONS AND THE REQUIRED REPORTS HAVE BEEN SUBMITTED. OAK PROPERTIES1000 PIONEER WAY, EL CAJON, CA 92020619-440-7424 1. NO FILL TO BE PLACED UNTIL STRIPPING OF VEGETATION, REMOVAL OF UNSUITABLE SOILS AND INSTALLATIONOF SUBDRAINS. IF ANY, HAS BEEN INSPECTED AND APPROVED BY THE SOILS ENGINEER.REQUEST FOR INSPECTIONS SHOULD BE MADE A MINIMUM OF 24 HOURS BEFORE THEINSPECTION IS REQUIRED. CONTACT: GREGG HAMANN LEGAL DESCRIPTION2. NO ROCK OR SIMILAR MATERIAL GREATER THAN 8' IN DIAMETER WILL BE PLACED IN THE FILL UNLESSRECOMMENDATIONS FOR SUCH PLACEMENT HAVING BEEN SUBMITTED BY THE SOILS ENGINEER IN ADVANCE ANDAPPROVED BY THE BUILDING OFFICIAL. SITE ADDRESS ARRANGEMENTS FOR INSPECTIONS ARE MADE BY CONTACTING (909)384-5166 BETWEEN THEHOURS OF 7:30 AND 4:30 P.M. PARCEL 17, 18, 24, 25, 29, 30, 31, & 32 OF PARCEL MAP NO. 5464, FILED IN BOOK 60, PAGES 31-34 OF PARCELMAPS, NOV. 7, 1980 AND PARCELS 1,2 &3 OF PARCEL MAP NO. 8481, FILED IN BOOK 98, PAGES 47 & 48 OF PARCELMAPS, AUGUST 26, 1985, BOTH RECORDS OF SAN BERNARDINO COUNTY. HARDT STREET & BRIER DRIVESAN BERNARDINO, CA 92408 3. ALL EXISTING FILLS SHALL BE APPROVED BY THE CITY DEPARTMENT OF PUBLIC WORKS OR REMOVED BEFOREANY ADDITIONAL FILLS ARE ADDED.NORMAL INSPECTION HOURS ARE 7:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY. ANYREQUESTS FOR INSPECTIONS AT OTHER TIMES OR ON OTHER DAYS MUST BE SUBMITTED TO THEDEPARTMENT OF PUBLIC WORKS A MINIMUM OF 48 HOURS BEFORE THE INSPECTION ISREQUIRED. THE PERMITTEE MUST BEAR THE COST OF SUCH OVER-TIME INSPECTIONS AND WILLBE BILLED ACCORDINGLY. NORMAL OVER-TIME RATE IS 1.5 TIMES THE BASE RATE. OVER-TIMEINSPECTIONS MAY BE DISALLOWED DEPENDING ON STAFF AVAILABILITY. ASSESSORS PARCEL NUMBER APN: 0281-301-17, 0281-311-06, 07, 08, 11, 12, 18, & 194. FILLS SHALL BE BENCHED IN COMPETENT MATERIAL AS REQUIRED IN SOILS REPORT.APN: 0281-301-17, 0281-311-06, 07, 08, 11, 12, 18, & 19 REFERENCE DRAWINGS5. AREAS TO RECEIVE FILL SHALL BE PROPERLY PREPARED AND APPROVED BY THE CITY DEPARTMENT OF PUBLICWORKS AND SAILS ENGINEER PRIOR TO THE PLACING OF FILL.SHEET INDEX6. PRIOR TO ISSUANCE OF BUILDING PERMITS, SUBMIT A SOIIS ENGINEER'S REPORT ON THE EXPANSIONPROPERTIES OF SOIL AS SUCH SOILS ARE DEFINED BY BUILDING CODE SECTION 2904(B) ON ALL BUILDING SITESIN THE PROPOSED SUBDIVISION. INSPECTION ROUTES ARE PLANNED 24 HOURS IN ADVANCE AND ARE BASED ON EFFICIENT USEOF PERSONNEL. INSPECTION REQUESTS MADE WITH LESS THAN 24 HOURS NOTICE WILL BEPROCESSED ON AN AVAILABILITY BASIS ONLY AND NO GUARANTEE IS MADE THAT AN INSPECTIONCAN BE PERFORMED WITHOUT PRIOR ADVANCE NOTICE. TOPOGRAPHY SOURCEC1.0C2.0 COVER SHEETDETAILS TOPOGRAPHIC DATA AND PLANIMETRICS SHOWN HEREIN WAS OBTAINED BY CONVENTIONAL SURVEYMETHODS. MAPPING DATA IS DETAILED AT 1"=20' SCALE FOR ENGINEERING USE.CONVENTIONAL SOURCE: TOPOGRAPHIC SURVEY PREPARED BY SPEAR & ASSOCIATES INC.DATE: APRIL 8, 2019 C3.0-C3.3 HORIZONTAL CONTROL PLANC4.0-C4.6 GRADING PLANC5.0-C5.2 UTILITY PLAN 7. IF ANY DEVELOPMENT IS SCHEDULED TO BE DONE BETWEEN OCTOBER 15, AND APRIL 15, THEENGINEER SHALL SUBMIT A DETAILED EROSION CONTROL PLAN INCLUDING DESILTING BASINS OR OTHERTEMPORARY DRAINAGE OR CONTROL MEASURES, OR BOTH, AS MAY BE NECESSARY TO PROTECT ADJOININGPUBLIC AND PRIVATE PROPERTY FROM DAMAGE BY EROSION, FLOODING OR THE DEPOSITION OF MUD OR DEBRISWHICH MAY ORIGINATE FROM THE SITE OR RESULT FROM SUCH DEVELOPMENT. EVIDENCE OF BUSINESS LICENSE, INSURANCE AND PERMITS WILL BE CHECKED BY THEINSPECTION STAFF. C6.0-C6.2 BMP PLANC6.3C7.0-C7.2 EROSION CONTROL PLANC7.3 EROSION CONTROL DETAILS BMP DETAILS DIVISION VI GRADING PLAN CHECK LIST GRADING PLAN CHECK LIST 1ST SUBMITTAL BENCHMARK8. THE PERMITTEE SHALL COMPLY WITH THE GRADING CODE REQUIREMENTS WHEN AN EXCESS OF 1000 CUBICYARDS IS MOVED ON PUBLIC ROADWAYS FROM THE SITE OF AN EARTH GRADINGOPERATION. (15.04-210, 5.04.545, 15.38) CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED"L-523RS" AT INTERSECTION OF 3RD & TIPPICANOE GRADING QUANTITIES BUILDING A & B: 9 . SLOPES IN EXCESS OF 15 FEET MUST BE PROVIDED WITH AN APPROVED IRRIGATION SYSTEM.CUT: 2,000 CY CUT: 2,800 CY FILL: 600 CY FILL: 1,800 CY ELEV = 1068.52DATUM: NAVD88 2ND SUBMITTAL10. THE SOILS ENGINEER SHALL BE RESPONSIBLE FOR THE PROFESSIONAL INSPECTION AND APPROVALCONCERNING THE PREPARATION OF GROUND TO RECEIVE FILLS, TESTING FOR REQUIRED COMPACTION,STABILITY OF ALL FINISH SLOPES AND THE DESIGN OF BUTTRESS FILLS, WHERE REQUIRED, INCORPORATINGDATA SUPPLIED BY THE ENGINEERING GEOLOGIST AND INSURE COMPLIANCE WITH THE PLANS, SPECIFICATIONS,AND CODE WITHIN THEIR PURVIEW. BUILDING C & D:PROJECT NAME OWNER DATE CHECKED BY PHONE 3RD SUBMITTALEARTHWORK TOTALS ARE APPROXIMATE AND ARE RAW COMPARISONBETWEEN EXISTING AND FINISHED GRADE ONLY. THE TOTALS LISTED DO NOTINCLUDE OVEREXCAVATION REQUIRED BY THE GEOTECHNICAL ENGINEER,UTILITY TRENCH SPOILS, SHRINKING AND SWELLING OF DISTURBED NATIVESOILS, PAVING SECTIONS, OR BUILDING AND RETAINING WALL FOUNDATIONS. ENGINEER11. THE DESIGN CIVIL ENGINEER SHALL EXERCISE SUFFICIENT SUPERVISORY CONTROL DURING GRADING ANDCONSTRUCTION TO INSURE COMPLIANCE WITH THE PLANS, SPECIFICATIONS, AND CODE WITHIN HIS PURVIEW.GRADING QUANTITIES, I.E. CUT OR FILL SHOWN HEREON ARE FOR PERMITPURPOSES ONLY, DUE TO THE VARIATION IN SHRINKAGE SUBSIDENCE,OVEREXCATION, OR OTHER SPECIAL CONDITIONS THAT MAY EFFECT THESEQUANTITIES, ENGINEER DOES NOT WARRANT NOR MAKE ANYREPRESENTATION WHATSOEVER TO THEIR ACCURACY, ALL CONTRACTORSBIDDING ON THIS PROJECT SHOULD MAKE THEIR OWN DETERMINATION OFEARTHWORK QUANTITIES PRIOR TO SUBMITTING A BID, IRRESPECTIVE OF THEQUANTITIES SHOWN HEREON. 12. WHERE SUPPORT OF BUTTRESSING OF CUT AND NATURAL SLOPES IS DETERMINED TO BE NECESSARY BY THESOILS ENGINEER AND/OR GEOLOGIST, THE SOIIS ENGINEER WIII SUBMIT DESIGN, LOCATION AND CAICUIATIONS TOTHE CITY PRIOR TO CONSTRUCTION. THE SOILS ENGINEER AND/OR GEOLOGIST WILL INSPECT AND CONTROL THECONSTRUCTION OF THE BUTTRESSING AND CERTIFY APPROVAL TO THE STABILITY OF THE SLOPE AND ADJACENTSTRUCTURES UPON COMPLETION. 13. SANITARY FACILITIES SHALL BE MAINTAINED ON THE SITE.14. THE LOCATION AND PROTECTION OF ALL UTILITIES IS THE RESPONSIBILITY OF THE PERMITTEE.(ANY OTHER NOTES REQUIRED TO ADDRESS SPECIAL CIRCUMSTANCES OR CONDITIONS OF THE PROJECT)COVER SHEET FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C1.024 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 95 1'1'BEGIN SLOPE ROUNDING 2' MIN.3' MIN.CUT/FILL SLOPE 6" OR A R99 (CA) R99C (CA)A 3" 2500 PSI AIR PLACED CONCRETEWITH 6 X 6 - W1.4 X W1.4 WWFCOLOR:R99B (CA)BORDER & LEGEND - WHITE (RETROREFLECTIVE)BACKGROUND - BLUE (RETROREFLECTIVE) BROW DITCHSCALE: N.T.S.TRUNCATED DOMESACCESSIBLE SIGNS SCALE: N.T.S.SCALE: N.T.S.WHITE PAINT PAINT BLUE EQUAL TOCOLOR No. 15090 INFEDERAL STANDARD599b 4" PCC NOTES:CENTER SYMBOL INEACH DISABLEDACCESS STALL SLAB SECTIONINSTALL SYMBOLFLUSH W/PAVING @ACCESSIBLE R=1/2" PARKING STALL PCC 2"2'-8" 3'-0" 2"1.0'6" END CONDITION BROOKS 36"X36" PRECAST CATCH BASINACCESSIBLE STALL SYMBOL R=1/2"SCALE: N.T.S.SCALE: N.T.S.PCC USE ONLY DURASLOPE CLASS "C"GRATES WITH THIS APPLICATION.SECTION AT DURASLOPE CHANNEL 18"GENERAL NOTES:MIN. SAW CUT1. CONCRETE CLASS -520-C-2500.2. WEAKENED PLANE JOINTS TO MATCHCURB JOINT AS DIRECTED BY THEENGINEER. 6"6"NEW FELT EXPANSION JOINT 3. CURING COMPOUND SHALL BE SPRAYEDUNIFORMLY ON ALL EXPOSED SURFACESPRIOR TO THE EVAPORATION OFSURFACE WATER. EXISTING ORNEW CONCRETESLAB EXISTING ORNEW CONCRETESLAB. END CONDITIONADJACENT TO CURB NOTES:LANDSCAPE ANDPAVEMENT, WHEREOCCURS 1. PAINT DIRECTIONAL ARROWS ATCONCRETE CURB DRIVEWAY AND ENTRY PARKINGAS REQUIRED PER CITYSTANDARDS. 4'-0"MIN.4" THICK CONCRETE SIDEWALK SLOPE DN8.33% MAX. 6"MIN. 6"MIN. 2. SEE PLAN FOR CURB RAMPORIENTATION. SCALE: N.T.S. 0" CONCRETECURBCONCRETE WHEEL STOP CURB/EDGERESTRAINT AREA WITHIN THE BLUE PCC PAVING PERGEOTECHNICAL ENGINEERRECOMMENDATIONS BORDERLINES 4" WIDE STRIPEPAINTED SHALL BE 4" WIDE STRIPEPAINTED BLUE OR WHITE PAVEMENTLAYER EXISTINGSOIL #3 OR #4 REBAR STAKE SUSPENSION METHOD. LENGTHOF STAKE WILL VARY WITH SLOPE OF DRAIN. 7.5" PCCPAVING 4" WIDE STRIPEPAINTED BLUE SECTION PER THEGEOTECHNICAL ENGINEERRECOMMENDATIONS SANDLAYER #4 REBAR HORIZONTAL PLACE TOP & BTM. OFCONC. POUR 3" CLR @ BTM. (TYP) SECTIONNOPARKINGWITHIN THE LOADINGAND UNLOADINGACCESS AISLE PAINTTHE WORD "NOPARKING" IN 12" HIGHLETTERS MIN. BEDDINGLAYER NOTES:4" WIDE STRIPINGPAINTED WHITE,TYP. SEE PLANREGULARSTALL 9'-0" MINACCESSIBLESTALL 5'-0"8'-0" @ VAN 1. CHANNELS TO BE INSTALLED WITH BLANK GRATE. GRATE TO BE PROTECTED FROMCONCRETE POUR (COVER HOLES WITH TAPE).2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.3. DO NOT SCALE DRAWING. 12" RESERVOIRLAYER 4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS,CONSULTANTS AND DESIGN PROFESSIONALS FOR PLANNING PURPOSES ONLY.5. ALL INFORMATION CONTAINED HEREIN WAS CURRENT AT THE TIME OF DEVELOPMENT BUTMUST BE REVIEWED AND APPROVED BY THE PRODUCT MANUFACTURER TO BE CONSIDEREDACCURATE. SUBGRADE(EXISTING SOIL)TYPICAL ADA PARKING STALLSSCALE: N.T.S.DURA SLOPE TRENCH DRAIN SYSTEMPERMEABLE PAVEMENT SECTION SCALE: N.T.S.SCALE: N.T.S.DETAILS FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:FORWARE MALCOMB3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 HARDT & BRIER BUSINESS PARK C2.024 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 96 CONSTRUCTION NOTESSITE NOTES ADA RAMP, STRIPING, & SIGNAGE PER DETAILS 1, 2, & 3,SHEET C2.0 1 2 3 4 5 1. CONTRACTOR TO FIELD-VERIFY EXISTINGCONDITIONS PRIOR TO CONSTRUCTION AND SHALLNOTIFY ENGINEER OF ANY DISCREPANCIES.ENGINEER WILL NOT BE LIABLE FOR ANY COSTSASSOCIATED WITH CHANGES TO THE DESIGNWITHOUT PROPER NOTIFICATION.2. SEE COVER SHEET FOR BENCHMARK, AND SURVEYINFORMATION.3. DIMENSIONS ARE TO FLOWLINE/BOTTOM OF CURBAND BUILDING FACE UNLESS OTHERWISE NOTED.4. PAVEMENT THICKNESS AND DESIGN ARE PER THEGEOTECHNICAL REPORT.5. ACCESSIBLE CURB RAMPS SHALL BE CONSTRUCTEDWITH DETECTIBLE WARNING PADS IF REQUIRED BYLOCAL CRITERIA.6. CONTRACTOR SHALL REMOVE AND REPLACE CURB,GUTTER, PAVING, LANDSCAPE, AND ANY OTHERITEMS DAMAGED DURING CONSTRUCTION.7. SEE SHEET C3.3 FOR CURB DATA TABLES 7" PCC PAVEMENT OVER CLASS 2 BASE PER GEOTECHRECOMMENDATIONS.8" PCC PAVEMENT OVER CLASS 2 BASE PER GEOTECHRECOMMENDATIONS.HARDT ST.CONSTRUCT 6" TYPE A PCC CURB PER CITY OF SANBERNARDINO STD. PLAN 200CONSTRUCT BROW DITCH PER DETAIL 7, SHEET C2.0 6 CONSTRUCT 0" CONCRETE CURB4" PCC SIDEWALK PER DETAIL 5, SHEET C2.07 8 PAINT 4" WIDE WHITE 90° PARKING STALLS.BRIER DR.9 TRASH ENCLOSURE PER ARCHITECTURAL PLANS.WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. KEY MAP CONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SANBERNARDINO STD. PLAN 204 10 11 3' PARKING OVERHANG 12 PERMEABLE PAVEMENT PER DETAIL 6, SHEET C2.0 13 14 TRUNCATED DOMES PER DETAIL 4, SHEET C2.0CONSTRUCT CURB OUTLET STRUCTURE PER COUNTYOF SAN BERNARDINO STD. PLAN 21015 STAIRS W/ HANDRAIL PER ARCHITECTURAL PLANS 16 3' WIDE CURB OPENING 0 10 20 40 17 BIOFILTRATION BASIN PER DETAIL 1, SHEET C6.3. 15.00' SEWER EASEMENTREC. 9/3/1980,DOC. NO. 80-198548 O.R.PROPERTY LINE 11 5 1111111111 4PAPAPA L141L153L161 PA4 PLANTING AREA PERLANDSCAPE PLANS, TYP.L151 9.00'888PROPERTY LINE 8 TYP.8TYP.TYP.PA 8 TYP.TYP.113333444L170C85L173 PA C84 PAL169 L177 2L171L175L172L1744999PA 3 9 LOADING DOCK PER ARCH PLANS LOADING DOCK PER ARCH PLANS L184 7.50'15 PA 4 4 24PA L211 L212 L183 15.00' 13 BUILDING AFF= 1051.00 BUILDING BFF = 1051.80 8116.00' 2 TYP.412L209L2038136.93'1 13 4 7PROPOSEDRIPRAP 2 8 13 5.00' PUBLIC UTILITY EASEMENTREC. 10/24/1980, 51DOC. NO. 80-243406 O.R.5.00' ELECTRIC AND COMMUNICATION EASEMENT 8.00'L128 PA8L186L1894REC. 1/5/1981,DOC. NO. 81-010125 O.R.716 PA8.00'17 BMP-1 17 BMP-2 5.00'7 PA77PA 7 4.50' ROWROWROW ROW 1414101010 C/L C/LC/L SEE SHEET C3.1 HORIZONTAL CONTROL PLAN FORCITY OF SAN BERNARDINO ENGINEER'S SEAL ENGINEER'SINFORMATION DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C3.024 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 97 SITE NOTES1. CONTRACTOR TO FIELD-VERIFY EXISTINGCONDITIONS PRIOR TO CONSTRUCTION AND SHALLNOTIFY ENGINEER OF ANY DISCREPANCIES.ENGINEER WILL NOT BE LIABLE FOR ANY COSTSASSOCIATED WITH CHANGES TO THE DESIGNWITHOUT PROPER NOTIFICATION. HARDT ST. 2. SEE COVER SHEET FOR BENCHMARK, BASIS OFBEARINGS, AND SURVEY INFORMATION.3. DIMENSIONS ARE TO FLOWLINE/BOTTOM OF CURBAND BUILDING FACE UNLESS OTHERWISE NOTED.4. PAVEMENT THICKNESS AND DESIGN ARE PER THEGEOTECHNICAL REPORT. 5. ACCESSIBLE CURB RAMPS SHALL BE CONSTRUCTEDWITH DETECTIBLE WARNING PADS IF REQUIRED BYLOCAL CRITERIA.6. CONTRACTOR SHALL REMOVE AND REPLACE CURB,GUTTER, PAVING, LANDSCAPE, AND ANY OTHERITEMS DAMAGED DURING CONSTRUCTION.7. SEE SHEET C3.3 FOR CURB DATA TABLES BRIER DR.KEY MAP WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. SEE SHEET C3.0 C/L CONSTRUCTION NOTESADA RAMP, STRIPING, & SIGNAGE PER DETAILS 1, 2, & 3,SHEET C2.0 1010 1 2 3 4 5 14 14 7" PCC PAVEMENT OVER CLASS 2 BASE PER GEOTECHRECOMMENDATIONS.ROW 8" PCC PAVEMENT OVER CLASS 2 BASE PER GEOTECHRECOMMENDATIONS.4 4 CONSTRUCT 6" TYPE A PCC CURB PER CITY OF SANBERNARDINO STD. PLAN 200 EX. TREE TO BE REMOVED.5.00'PA7PA 7 1717BMP-4 CONSTRUCT BROW DITCH PER DETAIL 7, SHEET C2.0BMP-6PROPOSEDRIPRAP 6 CONSTRUCT 0" CONCRETE CURB66.85'5.00' PUBLIC UTILITY EASEMENT PROPOSEDRIPRAP REC. 10/24/1980,DOC. NO. 80-243406 O.R.5.00' ELECTRIC AND COMMUNICATION EASEMENTREC. 1/5/1981, 4" PCC SIDEWALK PER DETAIL 5, SHEET C2.07 8 16 PROPERTY LINE 41 PAINT 4" WIDE WHITE 90° PARKING STALLS.L213 L119 16 19.00' L216 DOC. NO. 81-010125 O.R.13 9 TRASH ENCLOSURE PER ARCHITECTURAL PLANS.CONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SANBERNARDINO STD. PLAN 204 13 102BUILDING C1051.50 4 11 3' PARKING OVERHANG6.00' C61 1 PROPERTY LINE211 12 PERMEABLE PAVEMENT PER DETAIL 6, SHEET C2.09811L96913 14 TRUNCATED DOMES PER DETAIL 4, SHEET C2.08C59L117CONSTRUCT CURB OUTLET STRUCTURE PER COUNTYOF SAN BERNARDINO STD. PLAN 2104C58515 STAIRS W/ HANDRAIL PER ARCHITECTURAL PLANS 16 3' WIDE CURB OPENING L99 66.85'8 C62 18122828 17 BIOFILTRATION BASIN PER DETAIL 1, SHEET C6.3. 18 CONSTRUCT GRAVITY RETAINING WALL PER SD RSD C-9 12 16.00'411 8888C53C55 3.00'L109 C54 9.00'L110 C56 6.35'5 PA 4 PA 11 11PA11 SEE SHEET C3.2 0 10 20 40 HORIZONTAL CONTROL PLAN FORCITY OF SAN BERNARDINO ENGINEER'S SEAL ENGINEER'SINFORMATION DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:FORWARE MALCOMB3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 HARDT & BRIER BUSINESS PARK C3.124 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 98 SITE NOTES1. CONTRACTOR TO FIELD-VERIFY EXISTINGCONDITIONS PRIOR TO CONSTRUCTION AND SHALLNOTIFY ENGINEER OF ANY DISCREPANCIES.ENGINEER WILL NOT BE LIABLE FOR ANY COSTSASSOCIATED WITH CHANGES TO THE DESIGNWITHOUT PROPER NOTIFICATION. HARDT ST. 2. SEE COVER SHEET FOR BENCHMARK, BASIS OFBEARINGS, AND SURVEY INFORMATION.3. DIMENSIONS ARE TO FLOWLINE/BOTTOM OF CURBAND BUILDING FACE UNLESS OTHERWISE NOTED.4. PAVEMENT THICKNESS AND DESIGN ARE PER THEGEOTECHNICAL REPORT.5. ACCESSIBLE CURB RAMPS SHALL BE CONSTRUCTEDWITH DETECTIBLE WARNING PADS IF REQUIRED BYLOCAL CRITERIA. 6. CONTRACTOR SHALL REMOVE AND REPLACE CURB,GUTTER, PAVING, LANDSCAPE, AND ANY OTHERITEMS DAMAGED DURING CONSTRUCTION.7. SEE SHEET C3.3 FOR CURB DATA TABLES BRIER DR.KEY MAP WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. SEE SHEET C3.1 11 4 11 11411PA CONSTRUCTION NOTESPAL56L64ADA RAMP, STRIPING, & SIGNAGE PER DETAILS 1, 2, & 3,SHEET C2.0 L52 1 2 3 4 5 PAL60 7" PCC PAVEMENT OVER CLASS 2 BASE PER GEOTECHRECOMMENDATIONS.C29 9.00' C35 L238 L66 8" PCC PAVEMENT OVER CLASS 2 BASE PER GEOTECHRECOMMENDATIONS. L237 9.00'L54 89 8 988 CONSTRUCT 6" TYPE A PCC CURB PER CITY OF SANBERNARDINO STD. PLAN 200L509CONSTRUCT BROW DITCH PER DETAIL 7, SHEET C2.0L2289L49 8L92 6 CONSTRUCT 0" CONCRETE CURB.5 4 4" PCC SIDEWALK PER DETAIL 5, SHEET C2.07 81111 PAINT 4" WIDE WHITE 90° PARKING STALLS.4L729.58'9.58'9 TRASH ENCLOSURE PER ARCHITECTURAL PLANS.8 CONSTRUCT COMMERCIAL DRIVEWAY PER CITY OF SANBERNARDINO STD. PLAN 204 108C10415.00' SEWER EASEMENTREC. 9/3/1980,DOC. NO. 80-198548 O.R. 11 3' PARKING OVERHANGL224L86BUILDING D2FF = 1053.40 BUILDING D1FF = 1053.10 7 PERMEABLE PAVEMENT PER DETAIL 6, SHEET C2.012 13 14 119.44'TRUNCATED DOMES PER DETAIL 4, SHEET C2.0L232L233CONSTRUCT CURB OUTLET STRUCTURE PER COUNTYOF SAN BERNARDINO STD. PLAN 210 C108L234 8L231826.00'15 STAIRS W/ HANDRAIL PER ARCHITECTURAL PLANS26.00'8 C103L221C10911C44L235L2304PA L84 4 7 L220 11 8.50'L70L774 413L69138 8 L218 PA 11 L79 1 L90C42115 PA 5.50' PA4 7PA PA 47.00'EX. TREETO BE 4 6.00'7 REMOVED.ROWROWEX. TREETO BEREMOVED. 10 145.00' PUBLIC UTILITY EASEMENTREC. 10/24/1980, 1010 DOC. NO. 80-243406 O.R.5.00' ELECTRIC AND COMMUNICATION EASEMENTREC. 1/5/1981,DOC. NO. 81-010125 O.R. 15.00' PUBLIC SETBACK EASEMENTPER PARCEL MAP NO. 8481, BOOK 98,PAGES 47-48 OF PARCEL MAPS C/LC/L 0 10 20 40 HORIZONTAL CONTROL PLAN FORCITY OF SAN BERNARDINO ENGINEER'S SEAL ENGINEER'SINFORMATION DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C3.224 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 99 BLDG A&B BLDG A&B BLDG A&B BLDG A&B BLDG A&BLINE TABLE LINE TABLE LINE TABLE CURVE TABLE CURVE TABLELINE # BEARING DISTANCE LINE # BEARING DISTANCE LINE # BEARING DISTANCE CURVE # DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE # DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTHL127 L128 L129 L130 L131 L132 L133 L134 L135 L136 L137 L138 L139 L140 L141 L142 L143 L144 L145 L146 L147 L148 L149 L150 L151 L152 L153 L154 L155 L156 N00°12'03"W S89°47'57"W N00°12'03"W S00°12'03"E N89°47'57"E N00°12'03"W N89°47'57"E N00°12'03"W S89°47'57"W N00°12'03"W S89°47'57"W S00°12'03"E S89°47'57"W N00°12'03"W S89°47'57"W S00°12'03"E S89°47'57"W N00°12'03"W S89°47'57"W S00°12'03"E S89°47'57"W N00°12'03"W S89°47'57"W S00°12'03"E S90°00'00"W N00°12'03"W S89°47'57"W S00°12'03"E S89°47'57"W N00°12'03"W 25.42' 16.00' 35.00' 19.28' 12.82' 48.42' 13.00' 99.00' 15.57' 16.00' 99.00' 13.00' 3.00' L157 L158 L159 L160 L161 L162 L163 L164 L165 L166 L167 L168 L169 L170 L171 L172 L173 L174 L175 L176 L177 L178 L179 L180 L181 L182 L183 L184 L185 L186 S89°47'57"W S00°12'03"E S89°48'39"W N00°12'03"W S89°47'57"W S00°12'03"E N86°12'03"W S03°47'57"W S86°12'03"E S00°12'03"E N00°12'03"W N03°47'57"E S00°12'03"E S89°52'20"W N00°12'03"W S00°12'03"E S89°47'57"W N00°12'03"W S00°12'03"E S89°47'57"W N00°12'03"W N89°47'57"E S00°12'03"E S89°47'57"W N00°12'03"W S00°12'03"E S89°47'57"W N89°47'57"E N00°12'03"W S89°47'57"W 72.00' 13.00' 2.05' L187 L188 L189 L190 L203 L204 L205 L206 L207 L209 L210 L211 L212 N00°12'03"W N00°12'03"W N89°47'57"E N00°12'03"W N89°47'57"E N00°12'03"W S89°47'57"W S89°47'57"W S89°47'57"W S89°47'57"W S00°12'03"E S00°12'03"E N89°47'57"E 24.65' 24.65' 16.00' 26.00' 3.00' C63 C64 C65 C66 C67 C68 C69 C70 C71 C72 C73 C74 C75 C76 C77 C78 C79 C80 C81 C82 90°00'00" 118°41'07" 54°25'21" 96°53'32" 90°00'00" 90°44'59" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°12'03" 89°47'57" 90°00'00" 90°00'00" 90°00'00" 89°08'27" 51°29'59" 99°20'48" 3.00' 3.00' 28.00' 3.00' 3.00' 2.98' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 54.12' 1.97' 4.71' 6.21' 26.60' 5.07' 4.71' 4.72' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.72' 4.70' 4.71' 4.71' 4.71' 4.67' 48.65' 3.42' N45°12'03"W S59°08'31"W N34°18'15"W N41°21'11"E S44°47'57"W S45°12'03"E N44°47'57"E S45°12'03"E N44°47'57"E S45°12'03"E N44°47'57"E S45°12'03"E N44°53'58"E S45°06'02"E N44°47'57"E S45°12'03"E N44°47'57"E S44°46'13"E S16°37'47"W N44°26'28"E 4.24' 5.16' 25.61' 4.49' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.25' 4.24' 4.24' 4.24' 4.24' 4.21' 47.03' 3.01' C83 C84 C85 C86 C87 C88 C89 C90 C91 C92 C93 C94 C95 86°00'00" 88°42'36" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 3.00' 3.01' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 4.50' 4.67' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' N43°12'03"W S44°15'51"W N45°12'03"W S44°47'57"W N45°12'03"W S44°47'57"W N45°12'03"W S45°12'03"E S44°47'57"W N45°12'03"W N44°47'57"E N45°12'03"W S44°47'57"W 4.09' 4.21' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 13.00' 45.00' 32.26' 14.44' 62.00' 16.83' 18.55' 29.55' 36.43' 5.70' 36.00' 10.67' 60.00' 60.00' 3.00' 26.00' 18.00' 3.00'13.00' 81.00' 13.00' 3.00' 6.05'5.70'2.86'54.00' 2.86'13.00' 81.00' 13.00' 6.00' 2.86'54.00' 2.86'13.00' 36.00' 13.02' 3.00' 19.00' 7.00'13.00' 10.00' 10.00' 13.00' 19.00' 18.00' 16.00' 13.01' 72.00' 13.00' 3.00'13.00'BLDG C&D BLDG C&D BLDG C&D BLDG C&D BLDG C&DLINE TABLE LINE TABLE LINE TABLE CURVE TABLE CURVE TABLELINE # BEARING DISTANCE LINE # BEARING DISTANCE LINE # BEARING DISTANCE CURVE # DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTH CURVE # DELTA RADIUS LENGTH CHORD DIRECTION CHORD LENGTHL49 L50 L51 L52 L53 L54 L55 L56 L57 L59 L60 L61 L62 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 L76 L77 L78 L79 N00°12'03"W S89°47'57"W N00°12'03"W N89°47'57"E S00°12'03"E N89°47'57"E N00°12'03"W N89°47'57"E S00°12'03"E N00°12'03"W N89°47'57"E S00°12'03"E N89°47'57"E N00°12'03"W N89°47'57"E S00°12'03"E S89°47'57"W N00°13'30"W N00°12'03"W N00°12'03"W S89°47'57"W N00°12'03"W S89°47'57"W N00°12'03"W S00°12'03"E N89°47'57"E S00°12'03"E N89°47'57"E N00°12'03"W N89°47'57"E 1.50' 3.55' L80 L81 N00°12'03"W S00°12'03"E N89°47'57"E S00°12'03"E N89°47'57"E S89°47'57"W S00°12'03"E S00°12'03"E N89°47'57"E S89°47'57"W S89°47'57"W N00°12'03"W S00°12'03"E S89°47'57"W S00°12'03"E N89°47'57"E S00°12'03"E S89°47'57"W S00°12'03"E N89°47'57"E S00°12'03"E N89°47'57"E N00°12'03"W S00°12'03"E N89°47'57"E N00°12'03"W S00°12'03"E N89°47'57"E N89°47'57"E N89°47'57"E 25.63' 26.42' 13.00' 9.00' L112 L113 L114 L115 L116 L117 L118 L119 L120 L121 L122 L123 L124 L125 L126 L192 L213 L214 L215 L216 L217 L218 L219 L220 L221 L222 L223 L224 L225 L226 N00°12'03"W N89°47'57"E N00°12'03"W S89°47'57"W N00°12'03"W N89°47'57"E N00°12'03"W N89°47'57"E N00°12'03"W S00°12'03"E S00°12'03"E S00°12'03"E S89°47'57"W S00°12'03"E N89°47'57"E N89°47'57"E N89°47'57"E S00°12'03"E N00°12'03"W S89°47'57"W N89°47'57"E N89°47'57"E N00°12'03"W S89°47'57"W N00°12'03"W N89°47'57"E N00°12'03"W S89°47'57"W N89°47'57"E N00°12'03"W 15.31' 19.66' 57.00' 13.00' 1.50' C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 C41 C42 C43 C44 C45 C46 C48 C49 C50 C51 C52 C53 C54 C55 C56 C57 90°00'00" 90°00'00" 90°00'00" 90°00'00" 95°30'36" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 85°29'04" 85°29'04" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 180°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 3.00' 3.00' 3.00' 3.00' 3.03' 3.00' 3.00' 3.00' 3.00' 3.50' 3.00' 10.00' 10.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 4.71' 4.71' 4.71' 4.71' 5.06' 4.71' 4.71' 4.71' 4.71' 5.50' 4.71' 14.92' 14.92' 4.71' 4.71' 4.71' 4.71' 4.71' 9.42' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' N45°12'03"W N44°47'57"E S45°12'03"E N44°47'57"E S42°05'45"E N44°47'57"E S45°12'03"E N44°47'57"E S45°12'03"E S44°47'57"W S45°12'03"E S42°32'29"W N42°56'35"W N44°47'57"E N45°12'03"W N45°12'03"W N44°47'57"E N45°12'03"W N00°12'03"W S44°47'57"W N44°47'57"E N44°47'57"E N45°12'03"W N44°47'57"E N45°12'03"W S44°47'57"W N45°12'03"W S44°47'57"W N45°12'03"W S44°47'57"W 4.24' 4.24' 4.24' 4.24' 4.49' 4.24' 4.24' 4.24' 4.24' 4.95' 4.24' 13.57' 13.57' 4.24' 4.24' 4.24' 4.24' 4.24' 6.00' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' C58 C59 90°00'00" 90°00'00" 90°05'16" 90°00'00" 90°00'00" 90°01'27" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 3.00' 3.00' 3.00' 3.00' 3.00' 3.00' 3.50' 3.50' 3.50' 3.50' 2.00' 2.00' 3.00' 3.00' 4.71' 4.71' 4.71' 4.71' 4.71' 4.71' 5.50' 5.50' 5.50' 5.50' 3.14' 3.14' 4.71' 4.71' S45°12'03"E S44°47'57"W S45°12'03"E S44°47'57"W S45°12'03"E S44°47'13"W S45°12'03"E S44°47'57"W S44°47'57"W S45°12'03"E N44°47'57"E N45°12'03"W S44°47'57"W S45°12'03"E 4.24' 4.24' 4.24' 4.24' 4.24' 4.24' 4.95' 4.95' 4.95' 4.95' 2.83' 2.83' 4.24' 4.24' 13.00' 87.00' 13.00' 1.00' L82 C60 L83 C61 L84 13.00' 13.00' 36.00' 36.00' 16.00' 13.00' 13.00' 36.00' 38.46' 16.00' 18.00' 13.00' 7.00' C62 L86 13.00' 27.00' 3.00' C101 C102 C103 C104 C105 C106 C107 C108 C109 13.00' 90.00' 13.00' 13.00' 96.00' 13.00' 1.00' L88 L89 L90 40.17' 71.13' 57.03' 15.70' 7.50' L91 L92 L93 L94 13.00' 72.00' 13.11' 3.55' L95 2.00'L96 7.50'BLDG C&DL976.00'LINE TABLEL9816.00' 17.00' 26.00' 3.00' 29.94' 25.62' 26.00' 3.00' L99 13.00' 54.00' 25.76' 14.52' 72.00' 13.00' 13.00' 69.00' 13.00' 13.00' 1.00' LINE # BEARING DISTANCEL100 L101 L102 L103 L104 L105 L106 L107 L108 L109 L110 L111 L227 L228 L229 L230 L231 L232 L233 L234 L235 L236 L237 L238 S89°47'57"W N00°12'03"W S00°12'03"E N89°47'57"E N00°12'03"W S89°47'57"W N89°47'57"E N00°12'03"W S89°47'57"W S00°13'30"E S89°47'57"W N89°47'57"E 12.50' 1.50' 18.65' 8.00' 5.00' 8.00' 6.97' 3.00' 6.97' 18.78' 7.27' 3.55' 13.00' 13.00' 35.00' 12.50' 6.00' 81.00' 13.00' 7.60'7.60'13.00' 81.00' 3.00' 12.50' 19.93' 12.50' 12.50' 35.00' 26.00' 16.00' 1.00'HORIZONTAL CONTROL PLAN FORCITY OF SAN BERNARDINO 72.00'ENGINEER'S SEAL ENGINEER'SINFORMATION DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:WARE MALCOMB3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 FORHARDT & BRIER BUSINESS PARK C3.324 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 100 N89°47'57"E 667.35'0.5%1051.60 TC1051.10 FS 1051.06 FL1051.04 TC1050.54 FS 1049.68 FL 1051.63 TC1051.13 FS 1051.10 TC1050.60 FS 1051.27 TC1050.77 FS 1051.22 TC1050.72 FS 1051.15 TC1050.65 FS 1050.82 TC1050.32 FS 1050.79 TC1050.29 FS 1051.01 TC1050.51 FS 1051.36 TC1050.86 FS1051.34 TC1050.84 FS 1050.84 TC1050.34 FS 1050.89 TC1050.39 FS 1050.96 TC1050.46 FS1051.08 TC1050.42 FL 1050.22 FS1051.32 TC1050.82 FL 1051.10 TC1050.43 FL 1050.50 TC1050.00 FL 1051.30 TC1050.80 FL 1050.80 TC1050.30 FL 1050.81 TC1050.31 FL 1050.42 TC1049.92 FS 0'' CURB1050.82 FS 1051.11 TC1050.61 FS 1051.34 TC1050.84 FS 0'' CURB1050.80 FS 1051.38 TC1050.88 FS GENERAL NOTE 0'' CURB1050.88 FS0'' CURB 1051.12 TC1050.62 FS UTILITIES SHOWN ON THIS PLAN FOR REFERENCE ONLY,REFER TO UTILITY PLAN SHEET C5.0-####. 1050.87 FS 1046.89 FS1051.00 HP 1051.15 TC1050.65 FS 1051.39 TC1050.89 FS 0'' CURB1051.00 FS 0'' CURB1051.00 FS 1051.00 FS 1051.00 FS1051.00 FS 1046.99 FS 1050.83 FS1050.99 FS HMP-1 TRUCK WELL LOADING SPACEPER ARCHITECTURAL PLANS 1051.00 FS 1050.50 TC1050.00 FS1050.28 TC1049.78 FS 1051.32 TC1050.82 FS 1050.26 TC1049.76 FL1050.14 TC1049.64 FS 1051.00 FS 1051.00 FS 1050.38 TC1049.88 FS1050.84 FS 1050.33 TC1049.83 FS 1050.47 TC1049.97 FS0510201050.77 FS 1.0%BUILDING AFF=1051.00 1051.02 FS 1050.34 TC1049.84 FS1050.72 FS 1050.89 FS 1051.00 FS 1050.41 TC1050.56 FS 1049.91 FS1050.88 FS1051.00 FS 1050.86 FS 1049.91 FS 1050.09 TC1049.59 FS 1050.28 TC1049.78 FS 1049.64 TC1049.14 FS 1050.09 FS 1050.83 FS 1050.03 FS 1050.83 FS 1050.20 TC1049.70 FS BMP-1TOP OF BASIN: 1049.25 0.5%1049.81 TC1049.31 FL 1051.00 FS1051.00 FS1050.76 FSBOTTOM OF BASIN: 1048.50 4.1%1050.81 FS 1050.60 FS 1050.53 FS 1051.00 FS1049.80 TC1049.30 FS 1050.24 TC1049.74 FS 1051.00 FS1051BMP-2TOP OF BASIN: 1049.50BOTTOM OF BASIN: 1048.75 1050.39 FS1050.89 FS SD SD1048.99 FL BMP-3 10'X10' VISIBILITY TRIANGLE 1049.5± ME1049.4± ME 1050.5± ME1050.0± ME 10'X10' VISIBILITY TRIANGLE 1049.0± ME1049.0± ME GRADING PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C4.024 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 101 1051.09 FL 1051.85 TC1051.35 FS 1051.80 TC1051.30 FS 1051.31 TC1050.81 FS 1052.76 HP1051.87 TC1051.37 FS 1051.80 TC1051.30 FS 1051.22 TC1050.72 FS 0.5% 0.5% 0.5%0.7% 1051.78 TC1051.28 FS 1051.74 TC1051.24 FS 1051.23 TC1050.73 FL 1051.67 TC1051.17 FS 1051.75 TC1051.25 FS 1051.51 HP 1051.28 TC1050.78 FL 1050.96 TC1050.46 FS 1051.67 TC1051.17 FS 1051.70 TC1051.20 FS 1051.75 TC1051.25 FL 1050.86 TC1050.36 FS 1051.74 TC1051.24 FL 1051.59 TC1051.09 FS 1052.04 TC1051.54 FS 1051.72 TC1051.22 FS 1051.80 TC1051.30 FS 1052.09 TC1051.59 FS 1051.81 TC1051.31 FS1051.76 TC1051.26 FS 1047.62 FS 1052.12 TC1051.62 FS 6.2%1051.80 HP1051.82 TC1051.32 FS 1051.80 FS1051.80 FS 1051.91 TC1051.41 FS 1051.53 TC1051.03 FS 1047.78 FS 1052.30 TC1051.80 FS 1051.78 FS1051.59 FS 1051.80 FS1051.80 FSTRUCK WELL LOADING SPACEPER ARCHITECTURAL PLANS 1051.58 TC1051.08 FS1051.73 TC1051.23 FS 1051.63 TC1051.13 FS 1052.18 TC1051.68 FS T1051.52 TC1051.02 FS 1051.80 FS 1052.21 TC1051.71 FS 1051.72 TC1051.22 FS 1051.47 TC1050.97 FS 1051.69 FS1051.83 FSBUILDING BFF=1051.80 1051.50 TC1051.00 FS 1051.83 FS 1051.55 TC1051.05 FS 1050.99 TC1050.49 FS 1051.66 FS 1050.73 TC1050.23 FS 1051.58 TC1051.08 FS 2.0% 1051.80 FS 1050.66 TC1050.16 FL 1051.80 FS 1051.80 FS 1051.16 FS 0 5 10 20 1051.40 TC1050.90 FS 1051.11 TC1050.61 FS 1051.78 FS1051.52 FSTCFS1051.28 TC1050.78 FS 1051.80 FS1051.54 FS 1051.07 TC1050.57 FS 1051.75 FS 1051.49 FS1.4%1051.53 TC1051.03 FS 1051.80 FS 1051.20 FS1051.17 TC1050.67 FS 2.9%1051.47 FS 1051.80 FS1051.10 FS 1051.72 FS 1.5%10'X10' VISIBILITY TRIANGLE 1049.49 FL 10'X10' VISIBILITY TRIANGLE 10'X10' VISIBILITY TRIANGLE 1050.6± ME 1050.5± ME1050.4± ME1050.1± ME 1050.4± ME GENERAL NOTE SEE SHEET C4.2UTILITIES SHOWN ON THIS PLAN FOR REFERENCE ONLY,REFER TO UTILITY PLAN SHEET C5.0-####. GRADING PLAN FORENGINEER'S SEAL ENGINEER'SINFORMATION CITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:FORWARE MALCOMB3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 HARDT & BRIER BUSINESS PARK C4.124 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 102 SEE SHEET C4.1 ROW 1051.3± ME 1051.3± ME 1051.4± ME10'X10' VISIBILITY TRIANGLE 1050.24 FL 1050.2± ME 1050.9± ME 1051.66 FL1050.4± ME 10'X10' VISIBILITY TRIANGLE10'X10' VISIBILITY TRIANGLESD SD EX. TREE TOBE REMOVED1051.41 FS 1051.42 FS1051.10 FS 1051.50 FS BMP-4TOP OF BASIN:1049.91 1051.49 FS1051.30 FS BMP-6TOP OF BASIN:1050.00 BOTTOM OF BASIN:1049.16 1051.50 FS BOTTOM OF BASIN:1049.341051.50 FS1051.50 FS 1051.50 FS1051.16 FS1051.32 FS1050.59 TC1050.09 FS 1051.26 FS 1051.55 TC1051.05 FS 1050.66 TC1050.16 FS 1051.34 FS1051.34 FS 1051.50 FS 1051.50 FS 1051.34 TC1050.84 FS 1050.44 TC1049.94 FS 1050.52 TC1050.02 FS 1.7%1050.62 TC1050.12 FS 1051.39 FS 1050.90 TC1050.40 FS 1051.25 FS 1051.29 FS 1051.12 FS 1050.98 TC1050.48 FS1050.92 FS 1050.98 FS 1051.10 FS 1051.05 FS 1050.95 TC1050.45 FS 1051.32 FSBUILDING CFF=1051.50 1051.16 FS 1050.58 TC1050.08 FS 1051.72 TC1051.22 FS 1050.57 TC1050.07 FS 1051.26 FS0" CURB 1050.74 TC1050.24 FS 1051.09 TC1050.59 FS 1050.85 TC1050.35 FS 1050.74 TC1050.24 FS 0.5%1.9%1050.77 TC1050.27 FS 1050.80 TC1050.30 FSPROPERTYLINE 1051.98 TC1051.48 FS 1050.81 TC1050.31 FS 1050.80 TC1050.30 FS 1051.76 TC1051.26 FS 1050.74 TC1050.24 FS 1051.78 TW1051.13 BW 1051.69 TC1051.19 FS 1051.12 TC1050.62 FS 1050.89 TC1050.39 FS 0.5%1050.80 TC1050.30 FS 1051.50 FS1051.50 FS1051.68 TC1051.18 FS 1052.00 TC1051.50 FS 1051.75 TC1051.25 FS PROPERTYLINE 1051.50 HP 1051.50 FS1051.50 FS1051.50 FS 1051.50 FS 1051.69 TC1051.19 FS 1051.62 TC1051.12 FS 1051.63 TC1051.13 FS 1051.13 TC1050.63 FS1051.16 TC 1051.01 TC1050.51 FS 1051.13 TC1050.63 FS 1051.63 TC1051.13 FS 1051.62 TC1051.12 FS 1051.60 TC1051.10 FS 1051.64 TC1051.14 FS 0.6%1050.66 FS1051.64 TC1051.14 FS PR. RETAINING WALLMAX HT: ~1.61' 1051.16 TC1050.66 FS 1051.36 HP 1051.28 HP 1053.31 TW1051.70 BW 1051.60 TC1051.10 FS 1051.58 TC1051.08 FS 1051.24 TC1050.74 FS 1054.79 TW1054.59 BW 1051.24 TC1050.74 FS 1051.58 TC1051.08 FS 0.5%0.5% 1051.62 TC1051.12 FS 1051.62 TC1051.12 FS PROPERTYLINE 1055.10 HP1051.81 FL 1054.77 FL 0 5 10 20SEE SHEET C4.3GENERAL NOTE:UTILITIES SHOWN ON THIS PLAN FOR REFERENCE ONLY,REFER TO UTILITY PLAN SHEET C5.0-#### GRADING PLAN FORENGINEER'S SEAL ENGINEER'SINFORMATION CITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C4.224 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 103 GRADING NOTES1. CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANYDISCREPANCIES WITH THE ELEVATIONS SHOWN ONTHE PLANS. ENGINEER WILL NOT BE LIABLE FORANY COSTS ASSOCIATED WITH CHANGES TO THEDESIGN WITHOUT PROPER NOTIFICATION.2. SEE COVER SHEET FOR BENCHMARK, BASIS OFBEARINGS, AND SURVEY INFORMATION.3. ELEVATIONS ARE PER THE SURVEY DATUM, NOT PERARCHITECTURAL FLOOR ELEVATIONS.4. ELEVATIONS ARE AT FINISHED SURFACE UNLESSOTHERWISE NOTED. 5. CURB ELEVATIONS ARE AT FLOWLINE/BOTTOM OFCURB UNLESS OTHERWISE NOTED.6. EXISTING UTILITY STRUCTURES TO BE ADJUSTED ASNECESSARY FOR PROPOSED GRADING. SEE SHEET C4.2 7. SIDEWALKS AND LANDINGS SHALL BE 2% MAXCROSS-SLOPE TOWARD ROADS, DRIVE LANES, ANDPARKING AREAS UNLESS OTHERWISE NOTED.8. ACCESSIBLE PARKING STALLS AND LOADING AREASTO BE 2% MAX SLOPE IN ANY DIRECTION. PROPERTYLINE 1051.81 FL 9. REFER TO THE GEOTECH REPORT FORGROUNDWATER ELEVATIONS.10. GRADING OF LANDSCAPED AREAS AROUNDBUILDINGS TO COMPLY WITH GEOTECH. REPORT.11. PEDESTRIAN GUARDRAILS TO BE INSTALLED WHEREREQUIRED BY LOCAL, STATE, OR FEDERALREQUIREMENTS. RE: ARCHITECTURAL/LANDSCAPEPLANS. 1053.32 TC1052.82 FS1053.01 TC1052.51 FS 1053.44 TC1052.94 FS 1053.09 TC1052.59 FS 1053.06 TC1052.56 FS WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. 1053.18 TC1052.68 FS 1053.21 TC1052.71 FS 1052.75 TC1052.25 FS GENERAL NOTE:1052.27 FS UTILITIES SHOWN ON THIS PLAN FOR REFERENCE ONLY,REFER TO UTILITY PLAN SHEET C5.0-#### 1053.14 TC1052.64 FS 1053.05 TC1052.55 FS 1.7%1052.67 TC1052.17 FS 1052.79 TC1052.29 FS 1052.65 HP1052.40 FG 1053.14 TC1052.64 FS1052.71 TC1052.21 FS 1052.64 TC1052.14 FS1052.56 TC1052.06 FS 1053.02 TC1052.52 FS HMP-21052.55 TC1052.05 FS 1052.30 FG 1053.10 HP1052.46 TC1051.96 FS 1052.52 TC1052.02 FS 1052.59 TC1052.09 FS 1053.10 FSPROPERTYLINE 1053.10 FS 1052.82 TC1052.32 FS 1052.55 TC1052.05 FS1052.59 TC1052.09 FS BUILDING D1FF=1053.10 1052.28 TC1051.78 FS 1052.60 TC1052.10 FS1052.67 TC1052.17 FS 1053.10 FS 1053.10 FS 1053.05 FS 1052.72 TC1052.22 FS1053.10 FS1052.58 TC1052.08 FS 1052.25 TC1051.75 FS 1052.92 FS 1053.10 FS 1053.10 FS1053.40 TC1052.90 FS 1053.05 FS1053.60 TC1053.10 FS 1052.78 FS1053.31 TC1052.81 FS 1052.07 TC SEE SHEET C4.6 0 5 10 20 GRADING PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:FORWARE MALCOMB3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 HARDT & BRIER BUSINESS PARK C4.324 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 104 SEE SHEET C4.2 1053.58 FL1053.52 TC1053.02 FS 1053.45 HP 1053.36 TC1052.86 FS 1053.67 TC1053.17 FS 1053.65 TC1053.15 FS 0.4%1053.06 TC1052.56 FS 1052.97 TC1052.47 FS 1053.26 TC1052.76 FS 1053.32 TC1052.82 FS 1053.13 HP 0.5%1053.35 TC1052.85 FS 1053.57 TC1053.07 FS 05 TC55 FS 1053.15 TC1052.65 FS 1053.26 TC1052.76 FS 5.1%1053.26 TC1052.76 FS 1053.75 TC1053.25 FS1053.40 TC1052.90 FS 1053.55 TC1053.05 FS4.2%1052.78 TC1052.28 FSHMP-2 1053.52 TC1053.02 FS 1052.78 TC1052.28 FS1052.86 TC 1053.40 FS1053.40 FS PROPERTYLINE1052.36 FSCS 1053.24 TC1052.74 FS1053.33 TC1052.83 FS 1053.33 TC1052.83 FS 1053.40 TC1052.90 FS BUILDING D2FF=1053.40 2.0%1053.66 TC1053.16 FS 1053.06 TC1052.56 FS1052.69 TC1052.19 FS1053.40 FS1053.38 FS 1053.27 FS 1052.65 TC1052.15 FS 1053.03 TC1052.53 FS 1053.40 FS1053.33 FS 1053.57 TC1053.07 FS 1053.40 FS1053.90 TC1053.40 FS 4.1%1051.68 FL1053.40 FS 1053.48 TC1052.98 FS 1052.48 TC1051.98 FS 1053.19 FS 1053.90 TC SEE SHEET C4.5 0 5 10 20GENERAL NOTE:UTILITIES SHOWN ON THIS PLAN FOR REFERENCE ONLY,REFER TO UTILITY PLAN SHEET C5.0-####GRADING PLAN FORENGINEER'S SEAL ENGINEER'SINFORMATION CITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C4.424 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 105 SEE SHEET C4.4 1053.57 TC1053.07 FS 1053.40 FS1053.90 TC1053.40 FS 4.1%1051.68 FL1053.40 FS 1053.48 TC1052.98 FS 1052.48 TC1051.98 FS 1053.19 FS 1053.90 TC1053.40 FS1.9%1053.37 FS BUILDING D2FF=1053.40 1053.48 TC1052.98 FS 1053.16 FS 1052.85 TC1053.40 FS 1053.56 TC1053.06 FS 1052.35 FS1052.36 TC1051.86 FS1052.33 TC1051.83 FS 1052.79 TC1052.29 FS 1052.41 TC1051.91 FS 1052.96 FS 1053.11 FS PROPERTYLINE 1053.40 FS1052.80 TC1052.30 FS 1053.32 FS 1053.01 FS 1052.89FS 1052.82 TC1052.32 FS1052.27 FS 1053.40 FSP-2 1052.82 TC1052.32 FS 1053.40 FS1052.24 FS 1052.79 TC1052.29 FS1052.69 TC1052.19 FS1.8% 1052.40 TC1051.90 FS 1053.40 FS 1052.61 TC1052.11 FS 1052.22 TC1051.72 FS 1053.28 TC1052.78 FS 1052.04 TC1051.54 FS 1052.21 TC1051.71 FS 1053.40 FS1052.23 FS 1053.40 FF1052.74 TC1052.24 FS 1052.36 FS SD 10'X10' VISIBILITY TRIANGLE 10'X10' VISIBILITY TRIANGLE 1051.18 FL 10'X10' VISIBILITY TRIANGLE 1051.2± ME 1051.3± ME BMP-8 1051.4± ME 1051.1± ME 1051.2± MEROW 1051.1± ME 1051.6± ME 0 5 10 20 GRADING PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C4.524 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 106 SEE SHEET C4.3 1053.10 FS 1053.10 FS1053.40 TC1052.90 FS 1053.05 FS 2.9% 1053.60 TC1053.10 FS 1052.78 FS1053.31 TC1052.81 FS 1052.07 TC1051.57 FS 1053.60 TC1053.10 FS 1052.45 TC1051.95 FS 1053.31 TC1052.81 FS1052.53 TC1052.03 FS 1052.75 FS1053.39 TC1052.89 FS 2.9%BUILDING D1FF=1053.10 1053.10 FS 1052.50 TC1052.00 FS3.1%1052.60 FS 1052.80 FS 1051.99 TC1051.49 FS 1052.39 TC1051.89 FS PROPERTYLINE 1053.10 FS 1052.40 TC1051.90 FS 1052.77 FS1053.01 FS 1052.41 TC1051.91 FS1052.95 FS 1052.88 FS 1051.86 FS1053.10 FS 1052.67 FS HMP-21052.45 TC1051.95 FS1053.10 FS 1052.35 TC1051.85 FS 1051.84 FS 1.0% 1053.10 FS1052.10 TC1051.60 FS 2.2%1053.10 FS1052.01 TC1051.51 FS 1052.12 TC1051.62 FS 1051.81 TC1051.31 FS 1053.10 FF1052.16 TC1051.66 FS 1052.28 TC1051.78 FS 1051.87 TC1051.37 FS 1050.87 FS 1051.33 FS 1051.18 FS10'X10' VISIBILITY TRIANGLE 1050.79 FS 1050.3± ME ROW 10'X10' VISIBILITY TRIANGLE 1050.5± ME 1050.0± ME 10'X10' VISIBILITY TRIANGLE 1050.3± ME1050.1± ME 0 5 10 20 GRADING PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C4.624 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 107 STORM WATER CONSTRUCTION NOTES SANITARY SEWER KEY NOTES WM NOTES: UTILITY1 2 3 4 5 6 7 8 9 CONSTRUCT 36X36 BROOKS CATCH BASIN PER DETAIL 8, SHEET C2.0 CONNECT TO EXISTING SANITARY SEWER W/ 4' MANHOLE PERCITY OF SAN BERNARDINO STD. PLAN 301, 304 SS1 SS2 1. CONTRACTOR SHALL VERIFY THE ELEVATION OF ALL EXISTING UTILITIES WHERE NEWGRADING OR UTILITY WORK WILL OCCUR AND NOTIFY THE ENGINEER OF ANYDISCREPANCIES OR CONFLICTS. ENGINEER WILL NOT BE LIABLE FOR ANY COSTSASSOCIATED WITH CHANGES TO THE DESIGN WITHOUT PROPER NOTIFICATION.2. SEE COVER SHEET FOR BENCHMARK, BASIS OF BEARINGS, AND SURVEYINFORMATION.3. PROPOSED DRY UTILITIES ARE SHOWN FOR REFERENCE ONLY. REFER TO PLANS BYUTILITY PROVIDERS AND/OR MEP.4. EXISTING UTILITY STRUCTURES TO BE ADJUSTED AS NECESSARY FOR PROPOSEDGRADING. INSTALL DURASLOPE TRENCH DRAIN SYSTEM W/ HS-20 TRAFFICRATED GRATE PER DETAIL 9, SHEET C2.0 INSTALL 6" PVC SDR-35 PRIVATE SANITARY SEWER LATERALPER CITY OF SAN BERNARDINO STD. PLAN 305, 306 & 310INSTALL 12" HDPE STORM DRAIN PIPEHARDT ST.DOMESTIC WATER SERVICE KEY NOTESCONSTRUCT BROW DITCH PER DETAIL 7, SHEET C2.0 PROVIDE NEW 2" DOMESTIC WATER SERVICE PER CITY OF SANBERNARDINO STD. PLAN W1.2 CONSTRUCT STORM DRAIN CLEAN OUT PER COUNTY OF SANBERNARDINO STD. PLAN 208 DW1 DW2 5. REFER TO THE GEOTECH REPORT FOR GROUNDWATER ELEVATIONS.6. ALL WORK IN THE PUBLIC RIGHT-OF-WAY' TO BE DONE PER IMPROVEMENT PLANS ANDASSOCIATED ENCROACHMENT PERMIT. CONSTRUCT CURB INLET PER CITY OF SAN BERNARDINO STD. PLAN403 INSTALL REDUCED PRESSURE BACKFLOW PREVENTOR PERCITY OF SAN BERNARDINO STD. PLAN W4.1, W4.3 0 10 20 40FIRE SERVICE NOTE INSTALL BIOCLEAN MODULAR WETLAND SYSTEM INSTALL PSI STORM WATER LIFT STATION DW3 CAP END FOR CONNECTION BY BUILDING PLUMBER DW4 INSTALL 2" PVC SCH80 PRIVATE WATER LINE 1. FOR REFERENCE ONLY. UNDERGROUND FIRE SERVICE SHALL BE A DEFERREDSUBMITTAL. ANY APPROVAL OF THIS GRADING PLAN DOES NOT CONSTITUTE ANAPPROVAL OF ANY FIRE SERVICE WATER SUPPLY, UNDERGROUND, OR EQUIPMENT. BRIER DR.INSTALL BIOCLEAN URBANPOND DETENTION SYSTEM FIRE SERVICE KEY NOTESKEY MAP 17 BIOFILTRATIN BASIN PER DETAIL 1, SHEET C6.4 CONNECT TO EXISTING 12" WATER MAIN PER CITY OF SANBERNARDINO STD. PLAN W3.5 FW1 FW2 INSTALL 8" AWWA PVC C-900 DR18 PRIVATE FIRE INSTALL NEW 8" RPDA PER CITY OF SAN BERNARDINO STD.PLAN W1.14 FW3 INSTALL PRIVATE THRUST BLOCK PER CITY OF SANBERNARDINO STD. PLAN W6.4A, W6.11 FW4 FW5 INSTALL FIRE HYDRANT ASSEMBLY PER CITY OF SANBERNARDINO STD. PLAN W2.2 PROPERTY LINE 44 15.00' SEWER EASEMENTREC. 9/3/1980,DOC. NO. 80-198548 O.R.FW5 FW2FW2 FW48"X8"X6" TEEW/ T.B. FW4 FW4PROPOSED TRANSFORMERPER ELECTRICAL PLANS FW2 FW2 FW4FW5FW2 FW4 FW4 PROPOSED TRANSFORMERPER ELECTRICAL PLANS FW2 8"X8"X6" TEEW/ T.B.PROPERTY LINE HMP-1 8"X8"X6" TEEW/ T.B. FW4FW5 PROPERTY LINETFW2BUILDING A BUILDING B FW2FF=1051.00 FF=1051.80 FW4FW49SEE PLUMBING PLANSFOR CONTINUATION FW2 FW25.00' PUBLIC UTILITY EASEMENTSEE PLUMBING PLANSFOR CONTINUATION DW3REC. 10/24/1980,DOC. NO. 80-243406 O.R.5.00' ELECTRIC AND COMMUNICATION EASEMENTREC. 1/5/1981, FW4 FW2 FW4 3FW2 617DW3 DOC. NO. 81-010125 O.R.67 3 BMP-1 5 3BMP-2 17 81 1049.00 TG1045.50 IE 1049.25 TG1045.75 IE 1 FW3DW2ROWDW4 DW2 SS2ROW3SDSD SS2 SS1 DW4 DW1 FW3 282BMP-3DW4 DW1 PROPOSED CURBOUTLET STRUCTURE EX. STREET LIGHTTO BE RELOCATED FW1 FW1PROPOSED CURBOUTLET STRUCTURE FW1PROPOSED CURBOUTLET STRUCTURE PROPOSED CURBOUTLET STRUCTURE SS1SSSS SEE SHEET C5.1 UTILITY PLAN FORENGINEER'S SEAL ENGINEER'SINFORMATION CITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:FORWARE MALCOMB3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 HARDT & BRIER BUSINESS PARK C5.024 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 108 WM NOTES: UTILITY1. CONTRACTOR SHALL VERIFY THE ELEVATION OF ALL EXISTING UTILITIES WHERE NEWGRADING OR UTILITY WORK WILL OCCUR AND NOTIFY THE ENGINEER OF ANYDISCREPANCIES OR CONFLICTS. ENGINEER WILL NOT BE LIABLE FOR ANY COSTSASSOCIATED WITH CHANGES TO THE DESIGN WITHOUT PROPER NOTIFICATION.2. SEE COVER SHEET FOR BENCHMARK, BASIS OF BEARINGS, AND SURVEYINFORMATION. HARDT ST. 3. PROPOSED DRY UTILITIES ARE SHOWN FOR REFERENCE ONLY. REFER TO PLANS BYUTILITY PROVIDERS AND/OR MEP.4. EXISTING UTILITY STRUCTURES TO BE ADJUSTED AS NECESSARY FOR PROPOSEDGRADING.5. REFER TO THE GEOTECH REPORT FOR GROUNDWATER ELEVATIONS.6. ALL WORK IN THE PUBLIC RIGHT-OF-WAY' TO BE DONE PER IMPROVEMENT PLANS ANDASSOCIATED ENCROACHMENT PERMIT.FIRE SERVICE NOTEBRIER DR.1. FOR REFERENCE ONLY. UNDERGROUND FIRE SERVICE SHALL BE A DEFERREDSUBMITTAL. ANY APPROVAL OF THIS GRADING PLAN DOES NOT CONSTITUTE ANAPPROVAL OF ANY FIRE SERVICE WATER SUPPLY, UNDERGROUND, OR EQUIPMENT. KEY MAP SEE SHEET C5.0 DW1 FW1 SANITARY SEWER KEY NOTESDW1CONNECT TO EXISTING SANITARY SEWER W/ 4' MANHOLE PERCITY OF SAN BERNARDINO STD. PLAN 301, 304 FW1 SS1 SS2 SS1 INSTALL 6" PVC SDR-35 PRIVATE SANITARY SEWER LATERALPER CITY OF SAN BERNARDINO STD. PLAN 305, 306 & 310 SS FW2 FW3 EX. ELECTRICALVAULT TO REMAIN SS1 SS2 PROPOSED CURBOUTLET STRUCTURE PROPOSED CURBOUTLET STRUCTURE DW4 DOMESTIC WATER SERVICE KEY NOTESPROPOSED CURBOUTLET STRUCTURE FW2 PROPOSED CURBOUTLET STRUCTURE ROW2 PROVIDE NEW 2" DOMESTIC WATER SERVICE PER CITY OF SANBERNARDINO STD. PLAN W1.2 DW1 DW2 8 38 INSTALL REDUCED PRESSURE BACKFLOW PREVENTOR PERCITY OF SAN BERNARDINO STD. PLAN W4.1, W4.3 SD SDFW3 FW4 DW23 1049.84 TG 146.34 IE DW3 CAP END FOR CONNECTION BY BUILDING PLUMBER DW4 INSTALL 2" PVC SCH80 PRIVATE WATER LINE 1 1049.66 TG46.16 IE FW4 BMP-6 17 BMP-4 17 FW4 FW2FW2DW3FW2 FW2PROPOSED TRANSFORMERPER ELECTRICAL PLANS FIRE SERVICE KEY NOTESSEE PLUMBING PLANSFOR CONTINUATION CONNECT TO EXISTING 12" WATER MAIN PER CITY OF SANBERNARDINO STD. PLAN W3.5 5.00' PUBLIC UTILITY EASEMENTREC. 10/24/1980, FW1DOC. NO. 80-243406 O.R.5.00' ELECTRIC AND COMMUNICATION EASEMENTREC. 1/5/1981, FW2 INSTALL 8" AWWA PVC C-900 DR18 PRIVATE FIRE INSTALL NEW 8" RPDA PER CITY OF SAN BERNARDINO STD. BUILDING C DOC. NO. 81-010125 O.R.FW3 PLAN W1.14PROPERTY LINE FF=1051.50 INSTALL PRIVATE THRUST BLOCK PER CITY OF SANBERNARDINO STD. PLAN W6.4A, W6.11 FW4 FW5 PROPERTY LINE INSTALL FIRE HYDRANT ASSEMBLY PER CITY OF SANBERNARDINO STD. PLAN W2.2FW58"X8"X6" TEEW/ T.B. 8"X8"X6" TEEW/ T.B. FW4FW5 FW4 STORM WATER CONSTRUCTION NOTES1 2 3 4 5 6 7 8 9 CONSTRUCT 36X36 BROOKS CATCH BASIN PER DETAIL 8, SHEET C2.0INSTALL DURASLOPE TRENCH DRAIN SYSTEM W/ HS-20 TRAFFICRATED GRATE PER DETAIL 9, SHEET C2.0 FW2 FW4 INSTALL 12" HDPE STORM DRAIN PIPE FW4 CONSTRUCT BROW DITCH PER DETAIL 7, SHEET C2.0CONSTRUCT STORM DRAIN CLEAN OUT PER COUNTY OF SANBERNARDINO STD. PLAN 208 FW2FW2FW4FW4 CONSTRUCT CURB INLET PER CITY OF SAN BERNARDINO STD. PLAN403FW2INSTALL BIOCLEAN MODULAR WETLAND SYSTEM INSTALL PSI STORM WATER LIFT STATIONINSTALL BIOCLEAN URBANPOND DETENTION SYSTEM44 17 BIOFILTRATION BASIN PER DETAIL 4, SHEET C6.4PROPERTY LINE PROPERTY LINE SEE SHEET C5.2 0 10 20 40 UTILITY PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C5.124 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 109 WM NOTES: UTILITY1. CONTRACTOR SHALL VERIFY THE ELEVATION OF ALL EXISTING UTILITIES WHERE NEWGRADING OR UTILITY WORK WILL OCCUR AND NOTIFY THE ENGINEER OF ANYDISCREPANCIES OR CONFLICTS. ENGINEER WILL NOT BE LIABLE FOR ANY COSTSASSOCIATED WITH CHANGES TO THE DESIGN WITHOUT PROPER NOTIFICATION.2. SEE COVER SHEET FOR BENCHMARK, BASIS OF BEARINGS, AND SURVEYINFORMATION. HARDT ST. 3. PROPOSED DRY UTILITIES ARE SHOWN FOR REFERENCE ONLY. REFER TO PLANS BYUTILITY PROVIDERS AND/OR MEP.4. EXISTING UTILITY STRUCTURES TO BE ADJUSTED AS NECESSARY FOR PROPOSEDGRADING.5. REFER TO THE GEOTECH REPORT FOR GROUNDWATER ELEVATIONS.6. ALL WORK IN THE PUBLIC RIGHT-OF-WAY' TO BE DONE PER IMPROVEMENT PLANS ANDASSOCIATED ENCROACHMENT PERMIT.FIRE SERVICE NOTEBRIER DR.1. FOR REFERENCE ONLY. UNDERGROUND FIRE SERVICE SHALL BE A DEFERREDSUBMITTAL. ANY APPROVAL OF THIS GRADING PLAN DOES NOT CONSTITUTE ANAPPROVAL OF ANY FIRE SERVICE WATER SUPPLY, UNDERGROUND, OR EQUIPMENT. KEY MAP SEE SHEET C5.1 PROPERTY LINE SANITARY SEWER KEY NOTESPROPERTY LINE 4 CONNECT TO EXISTING SANITARY SEWER W/ 4' MANHOLE PERCITY OF SAN BERNARDINO STD. PLAN 301, 304 SS1 SS2 INSTALL 6" PVC SDR-35 PRIVATE SANITARY SEWER LATERALPER CITY OF SAN BERNARDINO STD. PLAN 305, 306 & 310FW4FW5 FW4 FW4 DOMESTIC WATER SERVICE KEY NOTES8"X8"X6" TEEW/ T.B. FW2 PROVIDE NEW 2" DOMESTIC WATER SERVICE PER CITY OF SANBERNARDINO STD. PLAN W1.2 FW2 DW1 DW2 FW2 PROPERTY LINEFW5 INSTALL REDUCED PRESSURE BACKFLOW PREVENTOR PERCITY OF SAN BERNARDINO STD. PLAN W4.1, W4.3PROPERTY LINE DW3 CAP END FOR CONNECTION BY BUILDING PLUMBER DW4 INSTALL 2" PVC SCH80 PRIVATE WATER LINE 8"X8"X6" TEEW/ T.B. FW4FW4 FW4 FW2 FIRE SERVICE KEY NOTESFW5BUILDING D2 CONNECT TO EXISTING 12" WATER MAIN PER CITY OF SANBERNARDINO STD. PLAN W3.5BUILDING D1 FW1FF=1053.408"X8"X6" TEEW/ T.B. FW2 FF=1053.10FW4 FW2 INSTALL 8" AWWA PVC C-900 DR18 PRIVATE FIRE INSTALL NEW 8" RPDA PER CITY OF SAN BERNARDINO STD. FW3 PLAN W1.14PROPOSED TRANSFORMERPER ELECTRICAL PLANS INSTALL PRIVATE THRUST BLOCK PER CITY OF SANBERNARDINO STD. PLAN W6.4A, W6.11 FW4 FW5 INSTALL FIRE HYDRANT ASSEMBLY PER CITY OF SANBERNARDINO STD. PLAN W2.2 STORM WATER CONSTRUCTION NOTESHMP-21052.12 TOP1048.50 IE 1 2 3 4 5 6 7 8 9 CONSTRUCT 36X36 BROOKS CATCH BASIN PER DETAIL 8, SHEET C2.0FW2INSTALL DURASLOPE TRENCH DRAIN SYSTEM W/ HS-20 TRAFFICRATED GRATE PER DETAIL 9, SHEET C2.0 FW29FW4 INSTALL 12" HDPE STORM DRAIN PIPE FW4 CONSTRUCT BROW DITCH PER DETAIL 7, SHEET C2.01SEE PLUMBING PLANSFOR CONTINUATION FW4 SEE PLUMBING PLANSFOR CONTINUATION CONSTRUCT STORM DRAIN CLEAN OUT PER COUNTY OF SANBERNARDINO STD. PLAN 2083333CONSTRUCT CURB INLET PER CITY OF SAN BERNARDINO STD. PLAN403 FW4 FW2 DW3 6DW3 DW2 5 5FW253 3 INSTALL BIOCLEAN MODULAR WETLAND SYSTEM INSTALL PSI STORM WATER LIFT STATION SD3DW2 FW3FW38 7 BMP-8 INSTALL BIOCLEAN URBANPOND DETENTION SYSTEM2 PROPOSED CURBOUTLET STRUCTURE ROW 5.00' PUBLIC UTILITY EASEMENTREC. 10/24/1980,DOC. NO. 80-243406 O.R.5.00' ELECTRIC AND COMMUNICATION EASEMENTREC. 1/5/1981, DW4 PROPOSED CURBOUTLET STRUCTURE DW4SS2SS2 DOC. NO. 81-010125 O.R. DW1 FW1DW1FW1 SSSS SS1 SS1 0 10 20 40 UTILITY PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:FORWARE MALCOMB3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 HARDT & BRIER BUSINESS PARK C5.224 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 110 1A DA1 0.568AC.HMP-1 1C1.760976AC.1B0.282AC. SD SD BMP-1 BMP-2 BMP-3 LEGEND IMPERVIOUS ROOF PROJECT SITE INFOUNDERLYING HYDROLOGIC SOIL GROUP: BEXISTING NATURAL HYDROLOGIC FEATURES: NONE DMA SUMMARY TABLE CRITICAL COURSE SEDIMENT AREAS TO BE PROTECTED: NONEAPPROXIMATE DEPTH TO GROUNDWATER: 20 FT±MWSFEATURES TO MINIMIZE IMPERVIOUSNESS:PERVIOUSLANDSCAPEAREA (SF) BASIN AREA TREATMENT VAULT VOLUMEPROVIDED (CF) AREA(ACRES) IMPERVIOUSAREA (SF) IMPERVIOUSPERCENTAGE (%) DRAINS SOIL UNDERGROUNDVAULT ID DMA ID AREA (SF)METHOD OF TREATMENT BMP ID PROVIDED(SF) VOLUMEPROVIDED(CF) PAVEMENT WIDTHS ARE KEPT TO MINIMUM DESIGN STANDARDS TO TYPELANDSCAPE BIO BASIN RUNOFF IS TREATED BY BIOFILTRATION AND BY PROPRIETARY BIOFILTRATION 1A 1B 0.569 0.282 24,773 12,277 17,660 7,650 7,113 4,627 71.3% 62.3% BIOFILTRATION BIOFILTRATION BMP-1 BMP-2 POC-1 POC-1 B B 1,486 621 - - - - - -DMA BOUNDARY FLOW PATH MODULAR WETLAND (MWS)AND UNDERGROUND VAULT 1C 1.696 2.546 73,869 53,972 79,282 19,897 31,637 73.1% 71.5% BMP-3 POC-1 B -6,875 HMP 1 9,563 TOTAL 110,919 WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. 0 10 20 40 BMP PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C6.024 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 111 SD SDBMP-4 BMP-6DA 2 2C0.286AC. 2A0.284AC.2B0.428AC. 2DBMP 5 0.242AC. BMP-7 LEGEND IMPERVIOUS ROOF PROJECT SITE INFO DMA SUMMARY TABLEUNDERLYING HYDROLOGIC SOIL GROUP: BEXISTING NATURAL HYDROLOGIC FEATURES: NONECRITICAL COURSE SEDIMENT AREAS TO BE PROTECTED: NONEAPPROXIMATE DEPTH TO GROUNDWATER: 20 FT± PERVIOUSLANDSCAPEAREA (SF) PERVIOUSPAVEMENTAREA (SF) BASIN AREAPROVIDED(SF) PERMEABLEAREA PROVIDED(SF) AREA(ACRES) IMPERVIOUSAREA (SF) IMPERVIOUS DRAINS SOILDMA ID AREA (SF)METHOD OF TREATMENT BMP IDPERCENTAGE (%)TO TYPEFEATURES TO MINIMIZE IMPERVIOUSNESS:PAVEMENT WIDTHS ARE KEPT TO MINIMUM DESIGN STANDARDSRUNOFF IS TREATED BY BIOFILTRATION WITH PARTIAL RETENTION LANDSCAPE PERMEABLE CONCRETE BIO BASIN BIOFILTRATION W/PARTIAL RETENTION 2A 2B 0.284 0.428 12,373 18,652 8,790 3,583 3,542 -71.0% 64.2% BMP-4 BMP-5 POC-2 POC-2 B B 395 - - 11,975 3,135 PERMEABLE PAVEMENT 3,135 BIOFILTRATION W/PARTIAL RETENTION 2C 0.286 12,469 8,693 3,776 -69.7%BMP-6 BMP-7 POC-2 POC-2 B B 281 - - DMA BOUNDARY FLOW PATH 2D 0.242 1.241 10,547 54,041 6,009 2,466 2,072 57.0% 65.6% PERMEABLE PAVEMENT 2,072 TOTAL 35,467 13,367 0 10 20 40 BMP PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C6.124 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 112 DA 3 3A HMP-2 3B1.123AC. 0.979AC. SD BMP-8 LEGEND IMPERVIOUS ROOF DMA SUMMARY TABLE PROJECT SITE INFOUNDERLYING HYDROLOGIC SOIL GROUP: BEXISTING NATURAL HYDROLOGIC FEATURES: NONECRITICAL COURSE SEDIMENT AREAS TO BE PROTECTED: NONEAPPROXIMATE DEPTH TO GROUNDWATER: 20 FT± MWSTREATMENTVOLUME PERVIOUSLANDSCAPEAREA (SF) AREA(ACRES) IMPERVIOUSAREAS (SF) IMPERVIOUSPERCENTAGE (%) DRAINS SOIL UNDERGROUNDVAULT ID VAULT VOLUMEPROVIDED (CF) DMA ID AREA (SF)METHOD OF TREATMENT BMP ID TO TYPE PROVIDE (CF)FEATURES TO MINIMIZE IMPERVIOUSNESS:PAVEMENT WIDTHS ARE KEPT TO MINIMUM DESIGN STANDARDSRUNOFF IS TREATED BY BIOFILTRATION AND BY PROPRIETARY BIOFILTRATION LANDSCAPE BIO BASIN 3A 3B 1.123 0.979 2.102 48,921 42,638 91,559 36,604 32,141 68,745 12,317 10,497 22,814 74.8% 75.4% 75% MODULAR WETLAND (MWS)AND UNDERGROUND VAULT BMP-8 POC-3 B 8,859 HMP-2 13,388 DMA BOUNDARY FLOW PATH TOTAL WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. 0 10 20 40 BMP PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:FORWARE MALCOMB3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 HARDT & BRIER BUSINESS PARK C6.224 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 113 *OVERFLOW STRUCTUREAND MAINTENANCEACCESS *OVERFLOW STRUCTUREAND MAINTENANCEACCESS LINING EDGEANCHOR LINING EDGEANCHOR *TOP OFWQ BASIN *TOP OFWQ BASIN 3" WELL-AGED SHREDDEDHARDWOOD MULCH 3" WELL-AGED SHREDDEDHARDWOOD MULCH *FREEBOARD CLEAN OUT*FREEBOARD CLEAN OUT FG ELEVPER PLAN FG ELEVPER PLAN APRON FORENERGY DISSIPATER APRON FORENERGY DISSIPATER 18" THICK LAYEROF MEDIA WITHMIN. 5 IN/HR 18" THICK LAYEROF MEDIA WITHMIN. 5 IN/HR FILTRATION RATEFILTRATION RATE 6" THICK CHOKERSTONE LAYER 6" THICK CHOKERSTONE LAYER BOTTOM OF BASINBOTTOM OF BASIN 12" THICK OPENGRADED, STORAGELAYER 12" THICK OPENGRADED, STORAGELAYER IMPERMEABLE LINER 6" DIAMETER PERFORATEDUNDER DRAIN 6" DIAMETER PERFORATEDUNDER DRAIN 3" MIN GRAVEL BELOWPERFORATED PIPE 3" MIN GRAVEL BELOWPERFORATED PIPE (20-30 MIL POND LINER)*FINAL SIZING OF LINER PER SOILENGINEERS RECOMMENDATIONS IMPERMEABLE LINER(20-30 MIL POND LINER)*FINAL SIZING OF LINER PER SOILENGINEERS RECOMMENDATIONS UNDERDRAIN ORIFICEBMP-1 ORIFICE:BMP-2: ORIFICE: COMPACTED SOIL UNDERDRAIN ORIFICEBMP-4 ORIFICE:BMP-6 ORIFICE:BMP-9 ORIFICE:BMP-11 ORIFICE: BIOFILTER BASIN DETAIL - BMP-1 & BMP-2 BIOFILTRATION BASIN W/ PARTIAL RETENTION DETAIL -BMP-4 & BMP-6 SCALE: N.T.S. SCALE: N.T.S. CATCH BASINPER PLANAASHTONO. 57 STONE SCH 40 PVC MALEADAPTER(MiTPxSoC)SCH 40 PVCTHREADED END CAP(FPT) 6" PVCSUBDRAIN DRILL ORIFICE HOLE ATFLOWLINE OF END CAP(SIZE PER BIO-BASIN DETAIL1 ON THIS SHEET) MIN.3" AASHTONO. 57 STONEUNDERDRAIN ORIFICE DETAILSCALE: N.T.S. PROVIDE DETACHABLE GRATEDCAP FOR MAINTENANCE ANDWIRE MESH/TRASH RACK TOPROTECT WEIR AND ORIFICEFROM CLOGGING WEIR ABOVE THE PONDBASE SIZE PER PLANPONDING DEPTHPER BMP DETAILS FG PERPLANMEDIA LAYERSEE BMP DETAILSGRAVEL LAYERSEE BMP DETAILS CATCH BASIN DETAILSCALE: N.T.S. WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. 0 20 40 80 BMP DETAILS FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C6.324 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 114 SE-6PROPERTY LINE SE-6SE-6 SE-6 SE-6SE-6 SE-6 SE-6HARDT ST.SE-6 SE-6SE-6SE-6SE-6 SE-6SE-6 PROPERTY LINE SE-6BRIER DR. PROPERTY LINE SE-6 T SE-6BUILDING AFF=1051.00 BUILDING BFF=1051.80 SE-6 SE-6 SD SD ROWROW SEE SHEET C7.1CONSTRUCTION BMP LEGEND EROSION CONTROL NOTESBMP EC-1 EC-3 SE-1 SE-6 SE-7 SE-10 TC-1 WE-1 TITLE SYMBOL QUANTITY 1. CONTRACTOR TO INSPECT AND MAINTAIN EROSIONCONTROL MEASURES THROUGHOUT THE COURSEOF CONSTRUCTION, INCLUDING INSTALLING,REPAIRING, REPLACING, RELOCATING, ANDMODIFYING AS NECESSARY FOR CONSTRUCTIONAND TO ENSURE THE SITE IS IN COMPLIANCE WITHSTATE AND LOCAL REQUIREMENTS.2. ADDITIONAL EROSION CONTROL MEASURES NOTSHOWN ON THIS PLAN MAY BE NECESSARY TOPREVENT EROSION AND SEDIMENTATION.3. AREAS THAT ARE TO REMAIN IN A DISTURBEDCONDITION FOR AN EXTENDED PERIOD SHALL BETEMPORARILY SEEDED IN ACCORDANCE WITH STATEAND LOCAL CRITERIA.4. REFER TO THE APPROVED LANDSCAPE PLAN FORFINAL STABILIZATION INFORMATION. AREAS NOTSTABILIZED BY PAVEMENT, BUILDING FOOTPRINT,PERMANENT LANDSCAPING, OR OTHER PERMANENTSTABILIZATION SHALL BE PERMANENTLY SEEDEDPER STATE AND LOCAL REQUIREMENTS. SCHEDULING BONDED FIBER MATRIX SILT FENCE 848 LF 304 LF GRAVEL BAG BERM STREET SWEEPING AND VACUUMING STORM DRAIN INLET PROTECTION STABILIZED CONSTRUCTION ENTRANCE/EXIT WIND EROSION CONTROL 5 EA 1000 SF 5. ALL INLETS WITHIN 100' OF SITE WILL BE PROTECTEDNS-(8-10) EQUIPMENT FUELING, CLEANING AND MAINTENANCEKEY MAP WM-1 WM-2 WM-3 WM-4 WM-5 WM-6 WM-8 WM-9 MATERIAL DELIVERY & STORAGE MATERIAL USE STOCKPILE AREA SPILL PREVENTION AND CONTROL SOLID WASTE MANAGEMENT HAZARDOUS WASTE MANAGEMENT CONCRETE WASTE MANAGEMENT SANITARY/SEPTIC WASTE MANAGEMENT PERMANENT BMP/BIOFILTRATION BASIN/MWS 0 10 20 40 WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. EROSION CONTROL PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C7.024 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 115 CONSTRUCTION BMP LEGENDBMP EC-1 EC-3 SE-1 SE-6 SE-7 SE-10 TC-1 WE-1 NS-3 TITLE SYMBOL QUANTITYSEE SHEET C7.0 SCHEDULINGSSBONDED FIBER MATRIX SILT FENCE 517 LF 203 LF ROW GRAVEL BAG BERM STREET SWEEPING AND VACUUMING STORM DRAIN INLET PROTECTION STABILIZED CONSTRUCTION ENTRANCE/EXIT WIND EROSION CONTROL SD SD 1 EA 1000 SF PAVING, SEALING, SAWCUTTING & GRINDING OPERATIONS NS-(8-10) EQUIPMENT FUELING, CLEANING AND MAINTENANCE PROPERTY LINE WM-1 WM-2 WM-3 WM-4 WM-5 WM-6 WM-8 WM-9 MATERIAL DELIVERY & STORAGE MATERIAL USE BUILDING CFF = 1051.50 TC-1 STOCKPILE AREASE-6 SE-6 SPILL PREVENTION AND CONTROL SOLID WASTE MANAGEMENT HAZARDOUS WASTE MANAGEMENT CONCRETE WASTE MANAGEMENT SANITARY/SEPTIC WASTE MANAGEMENT PERMANENT INFILTRATION BASINEROSION CONTROL NOTES1. CONTRACTOR TO INSPECT AND MAINTAIN EROSIONCONTROL MEASURES THROUGHOUT THE COURSEOF CONSTRUCTION, INCLUDING INSTALLING,REPAIRING, REPLACING, RELOCATING, ANDMODIFYING AS NECESSARY FOR CONSTRUCTIONAND TO ENSURE THE SITE IS IN COMPLIANCE WITHSTATE AND LOCAL REQUIREMENTS. PROPERTY LINE WM-1 PROPERTY LINE 2. ADDITIONAL EROSION CONTROL MEASURES NOTSHOWN ON THIS PLAN MAY BE NECESSARY TOPREVENT EROSION AND SEDIMENTATION.3. AREAS THAT ARE TO REMAIN IN A DISTURBEDCONDITION FOR AN EXTENDED PERIOD SHALL BETEMPORARILY SEEDED IN ACCORDANCE WITH STATEAND LOCAL CRITERIA. SE-6 SE-6SE-6 SE-6 4. REFER TO THE APPROVED LANDSCAPE PLAN FORFINAL STABILIZATION INFORMATION. AREAS NOTSTABILIZED BY PAVEMENT, BUILDING FOOTPRINT,PERMANENT LANDSCAPING, OR OTHER PERMANENTSTABILIZATION SHALL BE PERMANENTLY SEEDEDPER STATE AND LOCAL REQUIREMENTS. SEE SHEET C7.2 5. ALL INLETS WITHIN 100' OF SITE WILL BE PROTECTED HARDT ST. BRIER DR.KEY MAP WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. 0 10 20 40 EROSION CONTROL PLAN FORCITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING ENGINEER'S SEAL ENGINEER'SINFORMATION XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C7.124 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 116 SEE SHEET C7.1 CONSTRUCTION BMP LEGENDBMP EC-1 EC-3 SE-1 SE-6 SE-7 SE-10 TC-1 WE-1 NS-3 TITLE SYMBOL QUANTITY SCHEDULING BONDED FIBER MATRIX SILT FENCE 450 LF 158 LF GRAVEL BAG BERMWM-11053 STREET SWEEPING AND VACUUMING STORM DRAIN INLET PROTECTION STABILIZED CONSTRUCTION ENTRANCE/EXIT WIND EROSION CONTROL 1 EA 1000 SF SE-6BUILDING D2FF: 1053.40 BUILDING D1FF: 1053.10 PAVING, SEALING, SAWCUTTING & GRINDING OPERATIONS NS-(8-10) EQUIPMENT FUELING, CLEANING AND MAINTENANCEWM-1 WM-2 WM-3 WM-4 WM-5 WM-6 WM-8 WM-9 MATERIAL DELIVERY & STORAGE MATERIAL USEPROPERTY LINE STOCKPILE AREA SPILL PREVENTION AND CONTROL SOLID WASTE MANAGEMENT HAZARDOUS WASTE MANAGEMENT CONCRETE WASTE MANAGEMENT SANITARY/SEPTIC WASTE MANAGEMENT PROPERTY LINE SE-10 SE-6 EROSION CONTROL NOTES1. CONTRACTOR TO INSPECT AND MAINTAIN EROSIONCONTROL MEASURES THROUGHOUT THE COURSEOF CONSTRUCTION, INCLUDING INSTALLING,REPAIRING, REPLACING, RELOCATING, ANDMODIFYING AS NECESSARY FOR CONSTRUCTIONAND TO ENSURE THE SITE IS IN COMPLIANCE WITHSTATE AND LOCAL REQUIREMENTS. 1053SD 2. ADDITIONAL EROSION CONTROL MEASURES NOTSHOWN ON THIS PLAN MAY BE NECESSARY TOPREVENT EROSION AND SEDIMENTATION. ROW 3. AREAS THAT ARE TO REMAIN IN A DISTURBEDCONDITION FOR AN EXTENDED PERIOD SHALL BETEMPORARILY SEEDED IN ACCORDANCE WITH STATEAND LOCAL CRITERIA. SE-7SE-7 4. REFER TO THE APPROVED LANDSCAPE PLAN FORFINAL STABILIZATION INFORMATION. AREAS NOTSTABILIZED BY PAVEMENT, BUILDING FOOTPRINT,PERMANENT LANDSCAPING, OR OTHER PERMANENTSTABILIZATION SHALL BE PERMANENTLY SEEDEDPER STATE AND LOCAL REQUIREMENTS. 5. ALL INLETS WITHIN 100' OF SITE WILL BE PROTECTED SSSS HARDT ST. WARE MALCOMB assumes no responsibility for utility locations.The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. 0 10 20 40 BRIER DR.KEY MAP EROSION CONTROL PLAN FORENGINEER'S SEAL ENGINEER'SINFORMATION CITY OF SAN BERNARDINODEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C7.224 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 117 EROSION CONTROL NOTES:BACK OFSIDEWALK 1. THE CONTRACTOR SHALL BE RESPONSIBLE TO INSTALL ALLEROSION CONTROL FACILITIES AS SHOWN ON THE APPROVEDEROSION CONTROL PLAN OR AS DIRECTED BY THE CITY ENGINEERAT THE END OF EACH WORKING DAY: GRAVEL FILLED SANDBAGSARE STACKED TIGHTLY BACK OFCURB CATCHBASIN ABSORBENTCLEANUPMATERIAL 2. THE CONTACT PERSON RESPONSIBLE FOR EROSION CONTROLIS THE OWNER INDICATED HERE: __________________________.24 HOUR CONTACT TELEPHONE NUMBER: _____________________________.CONTAINMENT AREA 3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ANEMERGENCY WORK CREW AT ALL TIMES. THE CONTRACTORSHALL STOCKPILE THE NECESSARY EROSION CONTROLMATERIALS ON SITE TO FACILITATE RAPID INSTALLATION OFEROSION CONTROL FACILITIES. NOTES:A SERIES OF STEELPLATES (3 OR MORE)WITHRUMBLE STRIPS OR MIN 4"COARSE AGGREGATE 1. LEAKING VEHICLES AND EQUIPMENT SHALL NOT BE ALLOWED ON-SITE. EQUIPMENT AND VEHICLES SHALL BE INSPECTEDFREQUENTLY FOR LEAKS AND SHALL BE REPAIRED IMMEDIATELY. CLEAN UP SPILLS AND LEAKS PROMPTLY WITH ABSORBENT; DONOT FLUSH WITH WATER. 4. THE CONTRACTOR SHALL CONSTRUCT DE-SILTING FACILITIESAS NECESSARY FOR THE DURATION OF THE PROJECT.PLAN VIEW 5. THE CONTRACTOR SHALL TAKE MEASURES TO PREVENTRUNOFF OVER THE TOP SLOPES.STABILIZED ENTRANCE/EXIT DETAIL 2. VEHICLES AND EQUIPMENT SHALL BE MAINTAINED AND REPAIRED ON-SITE ONLY IN DESIGNATED AREAS. PREVENT RUN-ON ANDRUN-OFF FROM DESIGNATED AREAS.CONTAINMENT DEVICES SHALL BE PROVIDED AND AREAS SHALL BE COVERED IF NECESSARY. TC-1 PONDINGHEIGHT SCALE: N.T.S.CURBINLET 6. AFTER RAINSTORM:3. DESIGNATE ON-SITE VEHICLE AND EQUIPMENT MAINTENANCE AREAS, WAY FROM STORM DRAIN INLETS AND WATERCOURSES.A. THE CONTRACTOR SHALL REMOVE ALL SILT, STANDINGWATER, AND DEBRIS FROM EROSION CONTROL FACILITIES; SIDEWALK NOTES: 4. ALWAYS USE SECONDARY CONTAINMENT, SUCH AS A DRAIN PAN OR DROP CLOTH, TO CATCH SPILLS AND LEAKS WHEN REMOVINGOR CHANGING FLUIDS.B. THE CONTRACTOR SHALL BE RESPONSIBLE TO PREVENTPUBLIC ACCESS INTO AREAS WHERE STANDING WATERPOSES A POTENTIAL HAZARD. 5. LEGALLY DISPOSE OF USED OILS, FLUIDS, AND LUBRICANTS.CATCH BASIN 6. PROVIDE SPILL CONTAINMENT DIKES OR SECONDARY CONTAINMENT AROUND STORED OIL, FUEL, AND CHEMICAL DRUMS. 7. MAINTAIN ON ADEQUATE SUPPLY OF ABSORBENT SPILL CLEANUP MATERIALS IN DESIGNATED AREA. 7. IN HIGH WIND AREA THE CONTRACTOR SHALL WATERSPRAY-GRADED AREAS ON A DAILY BASIS TO CONTROL DUSTDURING WINDY PERIODS. WHEN NECESSARY, THE CONTRACTORSHALL TAKE MEASURES TO CONTROL DUST OR WIND BLOWNDEBRIS BY INSTALLING DEBRIS FENCES, ADDITIONAL TRASHENCLOSURE, CHEMICAL TREATMENT, GEO-MATS, ETC. THECONTRACTOR SHALL IMPLEMENT LONG-TERM WIND EROSIONCONTROL MEASURES FOR ANY AREA THAT IS NOT IMPROVED IN ATIMELY MANNER FOLLOWING GRADING. LONG-TERM WINDEROSION CONTROL MEASURES INCLUDE BUT NOT LIMITED TO:PERIMETER WALLS, WIND BARRIERS, SOILS DUST PALLIATIVES,SOIL MATS, HYDRO-SEEDING AND IRRIGATION SYSTEM. 1. PLACE CURB TYPE SEDIMENT BARRIERS ONGENTLY SLOPING STREET SEGMENTSWHERE WATER CAN POND AND ALLOWSEDIMENT TO SEPARATE FROM RUNOFF. 2'-0" MIN HEIGHT OF FABRIC ABOVEGRADE FASTENED TO POST ANDWIRE TYPICAL OF EACH METHOD SECTION A-A EQUIPMENT REPAIR & MAINTENANCE8" MIN DEPTH OF FABRIC BELOWGRADE WHEN SLICING METHOD ISUSED. 2. SANDBAGS, OF EITHER BURLAP OR WOVENGEOTEXTILE FABRIC, ARE FILLED WITH NS-(8-10)SCALE: N.T.S.GRAVEL, LAYERED AND PACKED TIGHTLY.48" MIN. FENCE POSTS, DRIVEN MINIMUM 24"INTO GROUND. INSTALL POST BEFORECOMPACTING BACKFILL IF TRENCHINGMETHOD IS USED. POST INSTALLED AFTERCOMPACTION WHEN SLICING METHOD IS USED. 3. LEAVE ONE SANDBAG GAP IN THE TOP ROWTO PROVIDE A SPILLWAY FOR OVERFLOW. SLICINGMETHOD 8. THE CITY ENGINEER RESERVES THE RIGHT TO REQUIREALTERNATIVE OR ADDITIONAL EROSION CONTROL FACILITIES, ASHE DEEMSNECESSARY. 4. INSPECT BARRIERS AND REMOVESEDIMENT AFTER EACH STORM EVENT.SEDIMENT AND GRAVEL MUST BEREMOVED FROM THE TRAVELED WAYIMMEDIATELY. TRENCHING METHOD: FABRIC MATERIAL TO BEPLACED IN 6"x6" TRENCH WITH "L" SHAPEDDOGLEG BEFORE BACKFILLING ANDCOMPACTING THE SOIL GRAVEL ORSANDBAGSCURB INLET/CATCH BASIN SEDIMENT BARRIER 8" TO 12" MIN. AT P.L. NEXTTO THE SIDEWALK SE-10 9"±18"±SPECIFICATIONS SCALE: N.T.S.POSTS:FENCE: STEEL EITHER "T" OR "U" TYPE OR 4" HARDWOODWOVEN WIRE, 14 1/2 GA. 6" MAX. MESH OPENINGFILTER CLOTH: FILTER X, MIRAFI 100X, OR APPROVED EQUALPREFAB UNIT:GEOFAB, ENVIROFENCE, OR APPROVED EQUAL TRENCHINGMETHODNOTES TWO BAG HIGHA. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS W/ WIRE TIES OR STAPLES.B. FABRIC FASTENED SECURELY TO FENCE W/ TIES SPACED AT 24" AT TOP AND MID SECTION.C. OVERLAP FABRIC BY 6 INCHES. CONCRETEWASHOUTAREA TYPICAL GRAVEL BAGGING DETAILSD. LOCATE POSTS DOWN SLOPE OF FABRIC FOR SUPPORT.E. MAINTENANCE SHALL BE PERFORMED AFTER EACH RAINFALL AND AS NEEDED. SEDIMENT TO BEREMOVED WHEN "BULGES" DEVELOP.SE-6SCALE: N.T.S. SILT FENCE PER CASQA STD. SC-1 SC-1SCALE: N.T.S. STOCKPILED MATERIAL BERMED CONTAINMENTNOTES:AREA 1. EXCESS AND WASTE CONCRETE SHALL NOT BE WASHED INTO STREET OR A DRAINAGE SYSTEM2. FOR WASHOUT OF CONCRETE AND MORTAR PRODUCTS, A DESIGNATED CONTAINMENT FACILITY OFSUFFICIENT CAPACITY TO RETAIN LIQUID AND SOLID WASTE SHALL PROVIDED ON SITE.3. SLURRY FROM CONCRETE AND ASPHALT SAW CUTTING SHALL BE VACUUMED OR CONTAINED, DRIED,PICKED UP AND DISPOSED OF PROPERTY. CONCRETE WASTE MANAGEMENT WM-8SCALE: N.T.S. SANDBAGS/GRAVEL BAGSPLACE TIGHTLY TOGETHERALL AROUND MATERIALMATERIAL STORAGEDIRT AND OTHER CONSTRUCTION RELATED MATERIALS PLACED IN THE STREET OR ON OTHERIMPERVIOUS SURFACES MUST BE CONTAINED WITH SANDBAGS OR OTHER MEASURES TO PREVENTTRANSPORT TO THE STORMDRAIN SYSTEM.WARE MALCOMB assumes no responsibility for utility locations.ANY CONSTRUCTION MATERIAL STORED OR STOCKPILED ON-SITE SHALL BE PROTECTED FROM BEINGTRANSPORTED BY THE FORCE OF WIND OR WATER. The utilities shown on this drawing have been plotted from thebest available information. It is, however, the contractorsresponsibility to field verify the location of all utilities priorto the commencement of any construction. 0 20 40 80 MATERIAL STORAGE WM-1 EROSION CONTROL DETAILS FORCITY OF SAN BERNARDINO SCALE: N.T.S.ENGINEER'S SEAL ENGINEER'SINFORMATION DEVELOPMENT SERVICES~PUBLIC WORKS/ENGINEERING XXXXGRADING PLANPREPARED BY:WARE MALCOMB FORHARDT & BRIER BUSINESS PARK C7.324 3391 SORRENTO VALLEY BLVD. SUITE 120SAN DIEGO, CA 92121 3391 sorrento valley blvd. suite 120 san diego, ca 92121p 858.638.7277 waremalcomb.com CONTROL POINT NO. L-523RS, 3" BRASS DISC STAMPED "L-523RS" AT INTERSECTION OF3RD & TIPPICANOE FROMHARDT STREET TO BRIER DRIVESAMUEL BELLOMIOR.C.E. NO. 90818EXP. DATE: 12/31/2023 ELEV = 1068.52DATUM:NAVD88       Packet Page. 118 Mitigated Negative Declaration City of San Bernadino Hardt and Brier Business Park Project 1 Mitigation Monitoring and Reporting Program Introduction The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6). A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Hardt and Brier Business Park Project (Project). The City of San Bernardino is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP. Mitigation Monitoring and Reporting Program The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the City to mitigate or avoid significant impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance. The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.       Packet Page. 119 Mitigated Negative Declaration City of San Bernadino Hardt and Brier Business Park Project 2 This page intentionally left blank.       Packet Page. 120 Mitigated Negative Declaration City of San Bernadino Hardt and Brier Business Park Project 3 TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures Action and Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials AESTHETICS PPP AES-1: Outdoor Lighting. All outdoor luminaires installed shall be appropriately located and adequately shielded and directed such that no direct light falls outside the parcel of origin, or onto the public right-of-way. In addition, outdoor luminaires shall not blink, flash, or rotate and shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Municipal Code Section 19.20.030 Submission of electrical plans prior to plan check approval. Department of Building and Safety. AIR QUALITY PPP AQ-1: Rule 402. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. In construction plans and specifications. During Project operation. Prior to grading and building permits. Department of Building and Safety. PPP AQ-2: Rule 403. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following: • All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day. In construction plans and specifications. Prior to building permits. Department of Building and Safety.       Packet Page. 121 Mitigated Negative Declaration City of San Bernadino Hardt and Brier Business Park Project 4 Mitigation Measures Action and Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less. PPP AQ-3: Rule 1113. The Project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only “Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used. Compliance with Rule 1113. Department of Building and Safety and SCAQMD. BIOLOGICAL RESOURCES Mitigation Measure BIO-1: Nesting Bird Survey. Vegetation removal should occur outside of the nesting bird season (generally between February 1 and September 15). If vegetation removal is required during the nesting bird season, the applicant must conduct take avoidance surveys for nesting birds prior to initiating vegetation removal/clearing. Surveys will be conducted by a qualified biologist(s) within three days of vegetation removal. If active nests are observed, a qualified biologist will determine appropriate minimum disturbance buffers and other adaptive mitigation techniques (e.g., biological monitoring of active nests during construction-related activities, staggered schedules, etc.) to ensure that impacts to nesting birds are avoided until the nest is no longer active. At a minimum, construction activities will stay outside of a 300-foot buffer around the active nests. For raptor species, the buffer is to be expanded to 500 feet. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist and City of San Bernardino Planning Division verify that the nests are no longer occupied, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur. Conduct take avoidance surveys for nesting birds if vegetation removal occurs during nesting bird season. Submittal of pre- activity nesting bird field survey results report (during Feb 1 – Aug 31). Three days prior to initiating vegetation removal/clearing. Qualified biologist and City of San Bernardino Planning Division. Mitigation Measure BIO-2: Nesting Bird Buffer. If nesting birds are encountered, a qualified biologist must establish an avoidance buffer zone around the nest (buffer zones vary according to species involved and shall be determined by the qualified biologist). No activities that would adversely affect the nest shall occur within the buffer zone until the qualified biologist Establish an avoidance buffer zone around nests, if identified through Mitigation Measure BIO- 1. Prior to and during construction activities. Qualified biologist and City of San Bernardino Planning Division       Packet Page. 122 Mitigated Negative Declaration City of San Bernadino Hardt and Brier Business Park Project 5 Mitigation Measures Action and Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials has determined the nest is no longer active and the young are no longer dependent on the nest. CULTURAL RESOURCES PPP CUL-1: Human Remains. Should human remains or funerary objects be discovered during project construction, the project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the body (within a 100-foot buffer of the find) until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of being granted access to the site. In construction plans and specifications. During construction activities. Compliance with State Health and Safety Code Section 7050.5 and 5097.98. Notify NAHC and MLD. County Coroner and City of San Bernardino Planning Division GEOLOGY AND SOILS PPP WQ-1: SWPPP. Prior to grading permit issuance, the project developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) pursuant to the Municipal Code Chapter 13.54. The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by City of San Bernardino staff or its designee to confirm compliance. In construction plans and specifications. Prior to grading and building permits. City of San Bernardino Planning Division PPP WQ-2: WQMP. Prior to grading permit issuance, the project developer shall have a Water Quality Management Plan (WQMP) approved by the City for implementation. The project shall comply with the City’s Municipal Code Section 13.54 and the Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the Regional Water Quality Control Board In construction plans and specifications. Prior to grading and building permits. City of San Bernardino Planning Division       Packet Page. 123 Mitigated Negative Declaration City of San Bernadino Hardt and Brier Business Park Project 6 Mitigation Measures Action and Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials (RWQCB) at the time of grading permit to control discharges of sediments and other pollutants during operations of the Project. HYDROLOGY AND WATER QUALITY PPP WQ-1: SWPPP. As described above. As described above. As described above. PPP WQ-2: WQMP. As described above. As described above. As described above. HAZARDS AND HAZARDOUS MATERIALS Mitigation Measure HAZ-1: Disposal of Illegally Dumped Materials. The Project applicant is responsible for ensuring the proper disposal of any and all illegally dumped materials currently on the Project site, in compliance with the City of San Bernardino Municipal Code Chapter 8.24. Proper disposal of all illegally dumped materials onsite must be completed before any construction activities begin. Signs or fences shall be installed onsite to assist in preventing future onsite dumping of potentially hazardous materials prior to construction. Disposal of all illegally dumped materials currently on the Project site. Prior to start of construction activities. City of San Bernardino Planning Division TRIBAL CULTURAL RESOURCES Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground- disturbing activity” for the subject project at all project locations (i.e., both on- site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing In construction plans and specifications. Retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. Prior to the commencement of any ground-disturbing activity or the issuance of any permit necessary to City of San Bernardino Planning Division and Native American Monitor.       Packet Page. 124 Mitigated Negative Declaration City of San Bernadino Hardt and Brier Business Park Project 7 Mitigation Measures Action and Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials activity, or the issuance of any permit necessary to commence a ground- disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe. D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. commence a ground- disturbing activity. On-site tribal monitoring during ground-disturbing activities. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial). Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. In construction plans and specifications. Upon discovery of any TCRs halt construction activities until resources are assessed and retained by Kizh Nation. Qualified Professional Archeologist/ City of San Bernardino Planning Division. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects In construction plans and specifications. Upon discovery of human Qualified Professional Archeologist/ City of San       Packet Page. 125 Mitigated Negative Declaration City of San Bernadino Hardt and Brier Business Park Project 8 Mitigation Measures Action and Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. remains during construction activities, follow Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5. Bernardino Planning Division. PPP CUL-1: Human Remains. As described above. As described above. As described above. TRIBAL CULTURAL RESOURCES PPP WQ-1: WQMP. As described above. As described above. As described above.       Packet Page. 126       Packet Page. 127       Packet Page. 128       Packet Page. 129       Packet Page. 130       Packet Page. 131       Packet Page. 132       Packet Page. 133       Packet Page. 134       Packet Page. 135       Packet Page. 136       Packet Page. 137       Packet Page. 138       Packet Page. 139       Packet Page. 140       Packet Page. 141       Packet Page. 142       Packet Page. 143       Packet Page. 144       Packet Page. 145       Packet Page. 146       Packet Page. 147       Packet Page. 148       Packet Page. 149       Packet Page. 150       Packet Page. 151       Packet Page. 152       Packet Page. 153       Packet Page. 154       Packet Page. 155       Packet Page. 156       Packet Page. 157       Packet Page. 158       Packet Page. 159       Packet Page. 160       Packet Page. 161       Packet Page. 162       Packet Page. 163       Packet Page. 164       Packet Page. 165       Packet Page. 166       Packet Page. 167       Packet Page. 168       Packet Page. 169       Packet Page. 170       Packet Page. 171       Packet Page. 172       Packet Page. 173       Packet Page. 174       Packet Page. 175       Packet Page. 176       Packet Page. 177       Packet Page. 178       Packet Page. 179       Packet Page. 180       Packet Page. 181       Packet Page. 182       Packet Page. 183       Packet Page. 184       Packet Page. 185       Packet Page. 186       Packet Page. 187       Packet Page. 188       Packet Page. 189       Packet Page. 190       Packet Page. 191       Packet Page. 192       Packet Page. 193       Packet Page. 194       Packet Page. 195       Packet Page. 196       Packet Page. 197       Packet Page. 198       Packet Page. 199       Packet Page. 200       Packet Page. 201       Packet Page. 202       Packet Page. 203       Packet Page. 204       Packet Page. 205       Packet Page. 206       Packet Page. 207       Packet Page. 208       Packet Page. 209       Packet Page. 210       Packet Page. 211       Packet Page. 212       Packet Page. 213       Packet Page. 214       Packet Page. 215       Packet Page. 216       Packet Page. 217       Packet Page. 218       Packet Page. 219       Packet Page. 220       Packet Page. 221       Packet Page. 222       Packet Page. 223       Packet Page. 224       Packet Page. 225       Packet Page. 226       Packet Page. 227       Packet Page. 228       Packet Page. 229       Packet Page. 230       Packet Page. 231       Packet Page. 232       Packet Page. 233       Packet Page. 234       Packet Page. 235       Packet Page. 236       Packet Page. 237       Packet Page. 238       Packet Page. 239       Packet Page. 240       Packet Page. 241       Packet Page. 242       Packet Page. 243       Packet Page. 244       Packet Page. 245       Packet Page. 246       Packet Page. 247       Packet Page. 248       Packet Page. 249       Packet Page. 250       Packet Page. 251       Packet Page. 252       Packet Page. 253       Packet Page. 254       Packet Page. 255       Packet Page. 256       Packet Page. 257       Packet Page. 258       Packet Page. 259       Packet Page. 260       Packet Page. 261       Packet Page. 262       Packet Page. 263       Packet Page. 264       Packet Page. 265       Packet Page. 266       Packet Page. 267       Packet Page. 268       Packet Page. 269       Packet Page. 270       Packet Page. 271       Packet Page. 272       Packet Page. 273       Packet Page. 274       Packet Page. 275       Packet Page. 276       Packet Page. 277       Packet Page. 278       Packet Page. 279       Packet Page. 280       Packet Page. 281       Packet Page. 282       Packet Page. 283       Packet Page. 284       Packet Page. 285       Packet Page. 286       Packet Page. 287       Packet Page. 288       Packet Page. 289       Packet Page. 290       Packet Page. 291       Packet Page. 292       Packet Page. 293       Packet Page. 294       Packet Page. 295       Packet Page. 296       Packet Page. 297       Packet Page. 298       Packet Page. 299       Packet Page. 300       Packet Page. 301       Packet Page. 302       Packet Page. 303       Packet Page. 304       Packet Page. 305       Packet Page. 306       Packet Page. 307       Packet Page. 308       Packet Page. 309       Packet Page. 310       Packet Page. 311       Packet Page. 312       Packet Page. 313       Packet Page. 314       Packet Page. 315       Packet Page. 316       Packet Page. 317       Packet Page. 318       Packet Page. 319       Packet Page. 320       Packet Page. 321       Packet Page. 322       Packet Page. 323       Packet Page. 324       Packet Page. 325       Packet Page. 326       Packet Page. 327       Packet Page. 328       Packet Page. 329       Packet Page. 330       Packet Page. 331       Packet Page. 332       Packet Page. 333       Packet Page. 334       Packet Page. 335       Packet Page. 336       Packet Page. 337       Packet Page. 338       Packet Page. 339       Packet Page. 340       Packet Page. 341       Packet Page. 342       Packet Page. 343       Packet Page. 344       Packet Page. 345       Packet Page. 346       Packet Page. 347       Packet Page. 348       Packet Page. 349       Packet Page. 350       Packet Page. 351       Packet Page. 352       Packet Page. 353       Packet Page. 354       Packet Page. 355       Packet Page. 356       Packet Page. 357       Packet Page. 358       Packet Page. 359       Packet Page. 360       Packet Page. 361       Packet Page. 362       Packet Page. 363       Packet Page. 364       Packet Page. 365       Packet Page. 366       Packet Page. 367       Packet Page. 368       Packet Page. 369       Packet Page. 370       Packet Page. 371       Packet Page. 372       Packet Page. 373       Packet Page. 374       Packet Page. 375       Packet Page. 376       Packet Page. 377       Packet Page. 378       Packet Page. 379       Packet Page. 380       Packet Page. 381       Packet Page. 382       Packet Page. 383       Packet Page. 384       Packet Page. 385       Packet Page. 386       Packet Page. 387       Packet Page. 388       Packet Page. 389       Packet Page. 390       Packet Page. 391       Packet Page. 392       Packet Page. 393       Packet Page. 394       Packet Page. 395       Packet Page. 396       Packet Page. 397       Packet Page. 398       Packet Page. 399       Packet Page. 400       Packet Page. 401       Packet Page. 402       Packet Page. 403       Packet Page. 404       Packet Page. 405       Packet Page. 406       Packet Page. 407       Packet Page. 408       Packet Page. 409       Packet Page. 410       Packet Page. 411       Packet Page. 412       Packet Page. 413       Packet Page. 414       Packet Page. 415       Packet Page. 416 Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21 -18, 19, 20, and 21 Presented by: Community Development and Housing Department       Packet Page. 417 Background •Mar 16, 2023: Permit Type-D 21-08, 19, 20, and 21 submitted. •Feb 14, 2024: D/ERC holds hearing, receives opposition, approves  project. •Feb 27, 2024: SAFER files Appeal 24-01. •Apr 9, 2024: Planning Commission denies Appeal 24-01, upholding  project. •Apr 22, 2024: SAFER files Appeal 24-02.       Packet Page. 418 Aerial Map F l o r e s S t r e e t       Packet Page. 419 Location/Zoning Map       Packet Page. 420 Project Considerations Hardt and Brier Business Park Project is proposed as five  (5) service commercial buildings. The buildings are designed as an open campus concept as  to not incorporate an institutional presence.       Packet Page. 421 Project Considerations •Access: Multiple buildings have driveways and parking spaces on  Hardt St, including ADA and bicycle parking. •Traffic: Traffic impact from the projects is predicted to be minimal by  2025. •Landscape: Projects will have diverse landscaping, exceeding code  requirements. •CEQA: Proximity of projects led to a study and mitigation measures;  invalidation would affect all projects.       Packet Page. 422 Project Plans       Packet Page. 423 Conceptuals A D1-D2C B       Packet Page. 424 Recommendation 1.Adopt a Resolution denying Appeal 24-02, thereby upholding  the Planning Commission’s denial of Appeal 24-01 The Mayor and City Council:       Packet Page. 425       Packet Page. 426       Packet Page. 427 Appellant Comments: KENNETH SHAWN SMALLWOOD (civiclive.com) Applicant Comments: CH 2_Response to Comments.pdf (civiclive.com)       Packet Page. 428 2 2 1 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk Subject:Approval of Various Mayor and City Council Meeting Minutes Recommendation: It is recommended that the City Council approve the minutes for the following meeting dates: 1. May 18, 2022, Regular Meeting of the Mayor and City Council 2. May 15, 2024, Regular Meeting of the Mayor and City Council       Packet Page. 429 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES 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, 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, MAY 18, 2022 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:10 PM by Mayor Valdivia on Wednesday, May 18, 2022, via Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Absent Ben Reynoso Council Member, Ward 5 Absent Kimberly Calvin Council Member, Ward 6 Present Damon L. Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Courtney Bowen Deputy City Clerk Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander       Packet Page. 430 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 2 7:00 INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Joshua Beckley from Ecclesia Christian Fellowship led the invocation and Council Member Sanchez led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho informed that there was no reportable action. CITY MANAGER UPDATE At this time, City Manager Rob Field provided city-wide updates to the community and the Mayor and City Council. Important topics included introducing new department directors (Daniel Hernandez- Public Works; Nathan Freeman- Community and Economic Development), Water Safety Month activities, and Memorial Day celebrations in the City. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included ADA accessible sidewalks, Neighborhood Association meetings, Council Members Calvin and Alexander attended the Southern California Association of Governments’ General Assembly. Council Member Alexander also attended the recent California League of Cities event in Sacramento, along with staff from the City Manager’s office. PRESENTATIONS 1. Proclamation for National Kids to Parks Day, Saturday, May 21, 2022 (All Wards) Mayor Valdivia presented the proclamation to Parks and Recreation Director Lydie Gutfeld. 2. FP-5 Presentation - San Bernardino County Fire (All Wards) Bertral Washington, Deputy Fire Chief, provided an informational presentation regarding San Bernardino County Fire District FP-5 funding. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Allen Bartleman spoke in opposition of Council Member candidates Botello, Elliott, and Parra-Craig. (Mr. Bartleman also provided written material to the City Clerk, which has been included in the Agenda Backup from this meeting) Treasure Ortiz commented about FP-5 tax for Fire Department funding. She believes the tax should be repealed and the contract for fire services should be renegotiated. She also stated that Mayor Valdivia has received contributions from demolition companies. John Shollenberger spoke in opposition of Mayoral Candidate Jim Penman.       Packet Page. 431 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 3 Russell Degnan, Operation New Hope, gave updates about the services his organization provides to the community, including homeless services and life skills classes. Ray Culberson, Former Director of San Bernardino City Schools, announced Entrepreneur High School’s upcoming graduation ceremony. Harry Hatch spoke in support of Item No. 12, the fireworks ordinance. He also asked the Mayor and City Council to get involved with preventing arson crimes. James Albert, League of Women Voters, asked the City to adopt Ranked Choice Voting for the next election. Christian Casares also spoke in support of Ranked Choice Voting. He stated that it will enhance democracy in the City. Dolores Armstead asked that more office support staff be provided for the Council Members. She also asked for more details regarding the housing development being proposed near Seccombe Lake Park. She encouraged citizens to vote on June 7th in the Primary Election. Sandra Salazar advised citizens to register to vote in the upcoming election. She stated that the City has a notoriously low voter turnout. Gregory Taylor stated that he will not be voting for Mayor Valdivia again, and he supports Treasure Ortiz for Mayor. He does not approve of the Mayor’s leadership. Frank Audi expressed his disapproval of service from the police department. Robert Porter, San Bernardino, encouraged people to vote in the upcoming election. He also expressed concern over the housing being built at Seccombe Lake. He asked for possible monetary compensation for commissioners. Ronald Donis, 1st Ward Resident, stated that the city should enact a warehouse moratorium due to harmful emissions. He also spoke about a report recently released by the Auditor of the State of California regarding alleged bias in the City’s police department. Christopher Gonzalez, Civic Center Neighborhood Association President, expressed concerns over Platinum Security’s services at the Carousel Mall and Renaissance Building. He also announced the upcoming Downtown Art Walk and 5K Race. At the conclusion of in-person public comments at 8:49 PM, Mayor Valdivia called for a five-minute recess. At this time, the following remote speakers were heard via Zoom: Erick Marquez, Ward 4 Resident, expressed that he would like the Municipal Code changed to allow bicycling and cycling in public parks. In addition, he does not believe       Packet Page. 432 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 4 the position of Mayor should be elected, and that there should be nine total Council Members. Tristan Pelayes spoke about the five current lawsuits against the Mayor. He stated that the Mayor is paying his legal fees with campaign funds. Gabriel Jaramillo announced that he is running for Mayor in June. He thanked staff for the updates to the east side skate park. He would like the Carousel Mall demolished due to vandalism. Betsy Starbuck, League of Women Voters, spoke in support of Ranked Choice Voting. She stated that the City will save money if they adopt this voting system. DISCUSSION 3. Amendment to Stream, Kim, Hicks, Wrage & Alfaro Legal Service Agreement Re: Miller II (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, affirm its prior action on April 6, 2022 authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorizing the Director of Finance to amend the Purchase Order to Stream, Kim, Hicks, Wrage & Alfaro. Council Member Ibarra announced that she would be recusing herself from this item due to being named a defendant in the lawsuit. This item was brought back by request of the City Council for reconsideration from the April 6th, 2022, meeting. Human Resources Director Rene Anderson provided a presentation and emphasized the importance of maintaining professional relationships with vendors, including outside legal firms. City Attorney Carvalho announced that the first consideration must be a motion to reconsider this item. RESULT: APPROVED MOTION TO RECONSIDER THE VOTE TAKEN ON APRIL 6, 2022, TO APPROVE AN AMENDMENT TO STREAM, KIM, HICKS, WRAGE & ALFARO [3-1] MOVER:Kimberly Calvin, Council Member, Ward 6 SECONDER:Damon L Alexander, Council Member, Ward 7 AYES:Figueroa, Calvin, Alexander NAYS:Theodore Sanchez ABSENT:Shorett, Reynoso RECUSED:Sandra Ibarra With the motion approved to reconsider the item, Council Members now had an opportunity to discuss the item again. Council Member Sanchez voiced his support for approving the amendment. City Manager Field advised the Mayor and City Council that the staff report contained alternatives for approving the contract amendment.       Packet Page. 433 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 5 RESULT: APPROVED THE STAFF RECOMMENDATION TO AFFIRM ITS PRIOR ACTION ON APRIL 6, 2022 [3-1] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Figueroa, Alexander NAYS:Kimberly Calvin ABSENT:Shorett, Reynoso RECUSED:Sandra Ibarra 4. Amendment No. 2 to the ESG-CV2 Subrecipient Agreement with Lutheran Social Services of Southern California (All Wards) Recommendation It is recommended that the Mayor and the City Council for the City of San Bernardino, California, 1. Authorize the City Manager to execute the Second Amendment to the ESG-CV2 Subrecipient Agreement between the City of San Bernardino and the Lutheran Social Services; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to amend the agreement. City Manager Field provided a staff report for this item. RESULT: APPROVED AMENDMENT TO AGREEMENT [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso PUBLIC HEARINGS 5. Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comment on the matter; and 2. Adopt Resolution No. 2022-93 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and       Packet Page. 434 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 6 3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Mayor Valdivia opened the public hearing. The time was not announced. Business Registration Manager Minerva Berumen presented a staff report. There were no requests to speak, or written communications received. There were no written protests received. RESULT: ADOPTED RESOLUTION NO. 2022-93 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 6. Presentation of the Proposed Fiscal Year 2023 & Fiscal Year 2024 Budget Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino receive the proposed budget for Fiscal Years 2023 & 2024 and the proposed Capital Improvement Program for 2023-2027 and provide direction to staff. Finance Department Director Barbara Whitehorn and Budget Division Manager Tanya Williams presented the FY 2023/2024 budget and proposed Capital Improvement Program for FY 2023-2027. The Mayor directed staff to place the budget on the June 1, 2022, Mayor and City Council meeting agenda for approval. 7. Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2022-94 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2022-95 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and       Packet Page. 435 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 7 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1580 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No. MC-1580 for June 1, 2022. Mayor Valdivia opened the public hearing at 10:22 p.m. There were no requests to speak, or written communications received. There were no written protests received. Mayor Valdivia closed the public hearing at 10:24 p.m. RESULT: ADOPTED RESOLUTION 2022-94 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso RESULT: ADOPTED RESOLUTION 2022-95 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso RESULT: INTRODUCED ORDINANCE NO. MC-1522 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 8. Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety Services), (TR 20145), Adoption of Resolutions for Annexing into the Community Facilities District (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and       Packet Page. 436 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 8 2. Adopt Resolution No. 2022-96 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2022-97 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the May 18, 2022, annexation and special tax election. Mayor Valdivia opened the public hearing at 10:27 p.m. There were no requests to speak, or written communications received. There were no written protests received. Mayor Valdivia closed the public hearing at 10:29 p.m. RESULT: ADOPTED RESOLUTION 2022-96 [5-0] MOVER:Juan Figueroa, Council Member, Ward 3 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso RESULT: ADOPTED RESOLUTION 2022-97 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 9. Continue the Public Hearing on the Vacation of a Portion of “I” Street Between Spruce Street and Olive Street, and a Portion of “J” Street at Its Intersection with 17TH Street and 21ST Street and Reservation of Utilities Therein Until June 1, 2022 at 7:00 P.M. (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, continue the public hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until June 1, 2022, at 7:00 p.m.       Packet Page. 437 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 9 RESULT: APPROVED STAFF RECOMMENDATION TO CONTINUE THE PUBLIC HEARING TO JUNE 1, 2022 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS 15 AND 20 FOR DISCUSSION [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 10. Animal Services Grant Funding Allocation (All Wards) Recommendation Adopt Resolution No. 2022-98 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $500,000 of the grant funding from The San Manuel Band of Mission Indians for animal shelter programs and services. RESULT: ADOPTED RESOLUTUON NO. 2022-98 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 11. Approve Vendor for Closed Captioning Software (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the approval of the vendor, Municipal Captioning, Inc., approved to provide English closed captioning software for viewers of all programming aired through the City’s cable channel, as approved at the May 4, 2022, Mayor and City Council meeting.       Packet Page. 438 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED CLOSED CAPTIONING VENDOR [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 12. Adopt Ordinance No. MC-1578 (Ordinance Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code Relating to Fireworks) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1578, amending various sections of Chapter 8.60 and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. RESULT: ADOPTED ORDINANCE NO. MC-1578 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 13. Agreement with San Bernardino International Airport Authority (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services. RESULT: APPROVED SERVICE AGREEMENT [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 14. Accept 2021 Californians for All Youth Workforce Development Program Grant (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to accept and administer the 2021 CaliforniansForAll Youth Workforce Development Program Grant in the amount of $4,169,142 for the grant period July 1, 2022 through June 30, 2024; and authorize the Director of Finance to amend the Fiscal Year 2021/22 Adopted Budget appropriating $4,169,142 in both revenue and expenditures.       Packet Page. 439 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPROVED PROGRAM GRANT [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 15. Approval of the Exclusive Negotiating Agreement (ENA) Between the City of San Bernardino and the Richman Group, LLC for the Development of a 4-Acre Portion of Seccombe Lake Park at the Northwest Corner of Sierra Way and 7Th Street; and Determine that the ENA is Categorically Exempt from CEQA (Ward 1) Recommendation Approve the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and The Richman Group, LLC for the development of a 4-acre portion of Seccombe Lake Park at the northwest corner of Sierra Way and 7th Street; and Determine that the ENA is categorically exempt from the California Environmental Quality Act (“CEQA”). Item 15 was initially approved under the consent calendar but was pulled for questions by Councilmember Calvin. Councilmember Calvin then made a motion to continue the item, for staff to be able to provide more information on the development project. RESULT: CONTINUED ITEM TO A FUTURE MEETING [5-0] MOVER:Kimberly Calvin, Council Member, Ward 6 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 16. Amendment No. 1 to the Lease Agreement with Inland Empire 66Ers Baseball Club Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Lease Agreement with Inland Empire 66ers Baseball Club of San Bernardino, Inc. RESULT: APPROVED AMENDMENT TO AGREEMENT [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso       Packet Page. 440 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 12 17. City Board, Commission, and Citizen Advisory Committee Minutes Approved in March/April 2022 (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 March and April 2022. RESULT: APPROVED MINUTES [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 18. 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 April 2022. RESULT: APPROVED DISBURSEMENTS [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 19. Side Letter Agreement Between the City and the General Unit Employees (All Wards) Recommendation Adopt Resolution No. 2022-99 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the General Unit Employees, amending Article III-Compensation, Section 7: Shift Differential. RESULT: ADOPTED RESOLUTION NO. 2022-99 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso       Packet Page. 441 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 13 20. Approving Job Classifications, Amending the Salary Schedule and the Fiscal Year 2021/22 Budget (All Wards) Recommendation Adopt Resolution No. 2022-100 of the Mayor and City Council of the City of San Bernardino, California, approving the following: 1. Agency Director (U) job classification; 2. Enterprise Resource Planning (ERP) Project Manager job classification; 3. Disadvantaged Business Enterprise (DBE) Specialist job classification; 4. Marketing and Media Specialist job classification; 5. Engineering Project Manager job classification; 6. Increase to the salary range for the classification of Deputy Director of Housing & Homelessness (U); 7. Increase to the salary range for the classification of Code Enforcement Officer I; and 8. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Council Member Sanchez asked about the costs and duties associated with the Agency Director job classification. City Manager Field clarified that this was a new position being created to oversee administrative services in the city. Council Member Sanchez made a motion to continue the entire item, which was seconded by Council Member Ibarra. A substitute motion was made my Council Member Calvin to separate item one on the list and approve items two through eight. The motion was seconded by Council Member Alexander. RESULT: APPROVED SUBSTITUTE MOTION TO REMOVE ITEM ONE (AGENCY DIRECTOR) FROM THE LIST AND APPROVE ITEMS TWO THROUGH EIGHT, ADOPTING RESOLUTION 2022-100 AS SO AMENDED [5-0] MOVER:Kimberly Calvin, Council Member, Ward 6 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 21. Purchase of Commercial Vehicle Enforcement Trucks (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to issue a purchase order to UAG of Cerritos in an amount not to exceed $110,000.       Packet Page. 442 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED PURCHASE ORDER [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 22. Authorize the Issuance of a Purchase Order for a Body Worn Camera Solution Contract Extension (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise Inc., in an amount not to exceed $48,200. RESULT: APPROVED PURCHASE ORDER [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 23. Adopt Ordinance MC-1579, Police Department Policy 705 (Military Equipment Policy) in Accordance with Assembly Bill 481 (All Wards) Recommendation Adopt Ordinance No. MC-1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481. RESULT: ADOPTED ORDINANCE MC-1579 [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso 24. Resolution Approving an Agreement with San Bernardino County to Provide HHW Collection Service (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-101, approving an agreement with the San Bernardino County Fire Protection District Pursuant to Section 3.04.010 B-3 of the Municipal Code for Household Hazardous Waste Collection Service and Sharps Collection Service to the City; and 2. Authorizing the Director of Finance to issue a Purchase Order to the San       Packet Page. 443 Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 15 Bernardino County Fire Protection District, in an annual amount not to exceed $368,000. RESULT: APPROVED [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon L. Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Calvin, Alexander ABSENT:Shorett, Reynoso ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday May 18, 2022, at 10:53 p.m. The meeting adjourned in memory of Bobbie Jean Johnson, as well as the victims of the recent Buffalo, New York mass shooting. 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 Wednesday, June 1, 2022, in the Council Chamber 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. By:_________________________ Genoveva Rocha, CMC       Packet Page. 444 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes 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, 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, MAY 15, 2024 4:00 PM Closed Session was called to order at 4:01 PM by Mayor Helen Tran on Wednesday, May 15, 2024, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present 4:02 PM Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present 4:04 PM Kimberly Calvin Council Member, Ward 6 Present 4:02 PM Damon L Alexander Council Member, Ward 7 Present Via Zoom for Closed Session Helen Tran Mayor Present Charles A. Montoya City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Courtney Bowen Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander       Packet Page. 445 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Promise Gracia, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. Case No. CIVSB2301828 5:00 P.M. The Regular Meeting was called to order at 5:01 PM by Mayor Pro Tem Fred Shorett on Wednesday, May 15, 2024, at Feldheym Central Library, San Bernardino, CA INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Steve Anderson of Spirit of our Savior Lutheran Church led the invocation, and Charlie Martinez from Norton Elementary School led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho advised that there was no reportable action from Closed Session. APPOINTMENTS 1. Animal Control Commission Appointment of Laura Mitchell (Ward 5) City Clerk Genoveva Rocha administerewd the Oath of Office to Ms. Laura Mitchell. RESULT: APPROVED THE APPOINTMENT [8-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, and Mayor Tran NOES: None PRESENTATIONS 2. Proclamation for San Bernardino Festival Day in the City of San Bernardino – May 4, 2024 (All Wards) Mayor Tran presented the proclamation to various members of the community involved in Festival, and Parks and Recreation Director Lydie Gutfeld.       Packet Page. 446 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 3 3. May 2024 Citizen(s) of Month San Bernardino- Symphony Orchestra; Donna Marie Minano, President, San Bernardino Symphony Orchestra; Maestro Anthony Parnther, Music Director, San Bernardino Symphony Orchestra; Arrowhead Country Club; Michael Winn, General Manager/Owner, Arrowhead Country Club; and Fariel Winn, General Manager/Owner, Arrowhead Country Club Council Member Alexander presented the Citizens of the Month. At this time, the Agenda was re-ordered, and Public Comments for items listed and not listed on the agenda were heard, followed by the Consent Calendar. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Margaret Medrano spoke about her father’s grave at Pioneer Cemetery being vandalized. Al Palazzo provided his ideas for development and growth in Downtown. James Smith provided updates about the Native Sons of the Golden West society. Selina Maldonado asked the Mayor and City Council to support animal advocates. Dolores Armstead spoke about the City’s investigation regarding a City Manager candidate. She also spoke in opposition to Item No. 30. Luis Ojeda commented that he believes Code Enforcement is harassing business owners in the City. Treasure Ortiz spoke about ADA accommodations, the State of the City event, the homeless situation, and City Hall financing. James Penman reminded everyone about the Chamber of Commerce’s annual Law Enforcement Dinner on May 22nd. Sarah Torquato asked for more support for the animals at the animal shelter. Barbara Whitehorn stated that she is the former Finance Director for the City, and her employment was terminated that morning. She asked the Mayor and City Council to review the financing and cost of the City Hall project. Ben Salgado, Vice President of KKC Little League, requested repairs and maintenance at the baseball fields. Alan Stanly encouraged people to vote, and spoke about the City’s budget for the animal shelter. Anthony Palomino commented in support of Ben Salgado and the KKC Little League.       Packet Page. 447 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 4 Rikke Van Johnson asked that the Charter Review Committee be reinstated before the new City Council members are elected in November 2024. Mike Hartley spoke about abandoned vehicles, Code Enforcement, and licensing for animals. The following students and teachers from Akoma Unity Center’s “Drip’d Scholars” Water Treatment Program spoke about the knowledge they have gained regarding water pollution, purification, and distribution: Jennifer Xicara, Teacher Lukee Thorpe Soleil Campo Allan Campo Kiana Wilson Liliana Wilson Ian Vargas Axel Vargas Caleb Zacarias Alaysha Nash Amaya Barnes Emily Vasquez “Ms. Butterfly”, Teacher Ayajpae Singh stated that he has been harassed by Code Enforcement at his transport business. Abraham Cortinez also commented that his transport business has been harassed by Code Enforcement. Georgia Lykouretzos asked for support for the homeless and animal welfare crises. Kim Knaus spoke about homelessness and asked for collaborative efforts. CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. Prior to hearing the Consent Calendar, City Manager Charles Montoya announced that Items 8, 13, and 27 were being pulled from the agenda. He also announced at this time that Item No. 28 would be pulled from the Discussion Calendar as well. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS 7, 12, AND 25 FOR A SEPARATE VOTE. ITEMS 8, 13, AND 27 WERE PULLED FROM THE AGENDA BY THE CITY MANAGER [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None       Packet Page. 448 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 5 7. Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-096: 1. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 operating budget by $350,000 to cover the cost of salary and benefits of additional positions added as a result of the Regional Partnership Agreements for Animal Services; and 2. Increase the Animal Services department authorized full-time position count from 40 to 71. Council Member Sanchez asked that this item be continued to the next regular meeting, to allow staff to provide either “Letters of Intent” or signed contracts from the Regional Partners. Council Member Alexander was not present at the dais for the vote on this item. RESULT: ITEM CONTINUED TO THE NEXT REGULAR MEETING OF JUNE 5, 2024. DIRECTED STAFF TO PROVIDE SIGNED LETTERS OR CONTRACTS FOR SERVICES FROM THE REGIONAL ANIMAL SERVICES PARTNERS AT THAT TIME [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin NOES:None ABSENT:Alexander 8. Mayor and City Council After Action Report from the May 1, 2024, Meeting (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the changes made to staff recommendations during the May 1st, 2024, Mayor and City Council Meeting as documented in the attached After Action Report (All Wards) Although this item had previously been pulled by the City Manager, there was discussion amongst the Mayor and City Council and staff regarding clarification of this item. City Manager Montoya advised that previous action by the Mayor and City Council on Item No. 2 on the May 1, 2024 agenda, violated federal rules and HUD’s CDBG guidelines, and therefore was being brought back before the Council to address the incompatibilities. Senior Management Analyst William Lampi gave an overview about Public Service Programs related to CDBG funding for public facilities projects. He advised that this       Packet Page. 449 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 6 topic would be further discussed in depth as part the discussion for the Public Hearing Item No. 5: Adopt Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs. The additional item mentioned in the “After Action Report” (Agenda Item No 18 from the May 1, 2024 agenda: Peace Officer Housing Incentive Program), was not discussed by the Mayor and City Council during this discussion. RESULT: THIS ITEM WAS PULLED FROM THE AGENDA BY THE CITY MANAGER. 9. Accept Donation Funds from Stater Bros. Charities for KFROG Public Service Announcements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-097: 1. Accepting a donation in the amount of $42,500 from Stater Bros. Charities; and 2. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 budget in both revenues and expenses and appropriate $42,500 to be used towards animal shelter programs and services. RESULT: ADOPTED RESOLUTION No. 2024-097 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 10. Authorize Amendment No. 1 to Purchase Agreement with Victor Medical (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-098, authorizing: 1. The Director of Finance and Management Services to amend the FY 2023/24 Animal Services budget in the amount of $150,000, appropriated for expenses, and; 2. The City Manager to execute Amendment No. 1 to the contract with Victor Medical, increasing the annual contract amount by $150,000 for an annual total of $300,000 for Veterinary Medical Supplies. RESULT: ADOPTED RESOLUTION No. 2024-098 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None       Packet Page. 450 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 7 11. Approve Amendment #1 to the Community Action Partnership of San Bernardino County (CAPSBC) Professional Services Agreement for the Mobile Shower Program (All Wards) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, approve Amendment No. 1 to the Vendor Services Agreement (VSA) with the Community Action Partnership of San Bernardino County (CAPSBC) for a one (1) year term extension to continue the Mobile Shower Program. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 12. Development Code Amendment (Zoning Map Amendment) 20­05 – Amazing 34 Project (Second Reading and Adoption of Ordinance No. MC­1637) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California accept the final reading and adopt Ordinance No. MC-1637 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-05 changing the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres, pursuant to a Mitigated Negative Declaration (Attachment 1). Council Member Reynoso asked for more information on this item. Community Development and Housing Director Gabriel Elliott clarified that this item had been previously discussed during the introduction of the Ordinance on May 1, 2024. He stated that this warehouse was a replacement for one that had been burnt down on the same property. It was previously used as office space and would now be a warehouse. RESULT: ADOPTED ORDINANCE No. MC-1637 [4-3] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Figueroa, Shorett, Alexander NOES: Ibarra, Reynoso, Calvin 13. San Bernardino Soccer Complex Lease Assignment Agreement with World Sports Solutions International, LLC (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-099, authorizing the City Manager to execute the Assignment and Consent to Assignment Lease Agreement with World Sports Solutions       Packet Page. 451 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 8 International, LLC, for 2500 Pacific Street, San Bernardino, California; assigning the lease from San Bernardino Soccer, LLC, to World Sports Solutions International, LLC. RESULT: THIS ITEM WAS PULLED FROM THE AGENDA BY THE CITY MANAGER; NO ACTION TAKEN 14. 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 April 2024. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 15. Fiscal Year 2024­25 Assessment Levies for Previously Formed Assessment Districts (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following Resolutions, declaring intention to levy and collect assessments for Fiscal Year 2024-25 within various assessment districts within the City of San Bernardino, approving Engineer’s Reports for each assessment district and providing notice of the time and place of the public hearing on July 17, 2024 on proposed assessments in each assessment district: 1. Resolution No. 2024-100 for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016; and 2. Resolution No. 2024-101 for Assessment District Nos. 1017, 1019, 1020,1023, and 1024; and 3. Resolution No. 2024-102 for Assessment District No. 1022 and Zones 1, 2, and 3 thereof; and 4. Resolution No. 2024-103 for Assessment District Nos. 1025, and 1027; and 5. Resolution No. 2024-104 for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068.       Packet Page. 452 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 9 RESULT: ADOPTED RESOLUTION Nos. 2024-100, 2024-101, 2024-102, 2024-103, AND 2024-104 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 16. Request to Update the Existing Travel Authority and Expense Policy (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-105 revising the Travel Authority and Expense Policy as recommended by the City Manager. RESULT: ADOPTED RESOLUTION NO. 2024-105 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 17. Library Wi­Fi and Network Upgrade (All Wards) Recommendation: It is recommended the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a vendor services agreement with Sehi Computer Products, Inc. to replace the Library’s Wi-Fi network at all four library locations along with other network upgrades; and 2. Authorize the Director of Finance and Management Services to approve a purchase order in the amount not to exceed $177,938 to replace the Library’s Wi-Fi system, network switches and other hardware including installation: and 3. Authorize the project contingencies in the total amount of $17,994 for construction of the Project; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None       Packet Page. 453 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 10 18. Accept the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access for All Act Per Capita Grant Award for Hernandez Community Center Gymnasium Project (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution 2024-106: 1. Authorizing the City Manager or his designee to accept the award for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access for All Act Per Capita Grant Award for Hernandez Community Center Gymnasium Project, for the amount of $177,952; 2. Authorizing the City Manager or his designee to conduct all negotiations, signing, and submittals of necessary documents to receive Per Capita Grant awards; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 Operating Budget in the amount of $177,952 in both revenue and expenditures to appropriate the Per Capita Grant Award. RESULT: ADOPTED RESOLUTION No. 2024-106 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 19. 2022­2025 Retired and Senior Volunteer Program (RSVP) – Third year of a Three Year Grant Award (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution No. 2024-107 to: 1. Authorize the City Manager to approve a continuation of submitted budget application for year three of a three-year grant through the National and Community Services Retired and Senior Volunteer Program; 2. Authorize the City Manager to accept the grant award in the amount of $57,309; 3. Authorize the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and 4. Authorize the Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2024 ($14,327.25 in FY 23-24) through March 31, 2025 ($42,981.75 in FY 24-25) RESULT: ADOPTED RESOLUTION No. 2024-107 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None       Packet Page. 454 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 11 20. Amendment to Increase Purchase Order with Law Enforcement Medical Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute Amendment No.1 to the Professional Services Agreement with Law Enforcement Medical Services (LEMS), increasing the not to exceed amount by $30,000, for a total contract amount of $130,000; and 2. Authorize the Director of Finance and Management Services to increase the purchase order for Law Enforcement Medical Services to an amount not to exceed $130,000. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 21. Annual Military Equipment Report and Approve Future Purchases (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Department’s annual military equipment use report; and 2. Approve the Department’s request to acquire additional life-saving equipment in accordance with Assembly Bill 481. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 22. Amendment No. 2 to Agreement with Anser Advisory Management, LLC (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California: 1. Authorize the City Manager or designee to Approve Amendment No 2. to the Professional Services Agreement with Anser Advisory Management, LLC, for the project of Upgrade Various Signal Hardware at 224 Signalized Intersections on Various Arterials, for construction management and inspection services, as well as extending the agreement until December 30, 2024.       Packet Page. 455 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 23. Approve Stop Signs at Various Locations ­ Wards (1,2, 3,4,5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024-108; 1. Authorizing the City Manager and or designee to amend Resolution No. 655 entitled, in part, “A Resolution... designating certain streets or portions thereof as through highways...” and authorizing the establishment of stop control at the following intersections: i. Gardena St. & Vine St. ii. Santolinas St. & Pampas Ave. iii. Cherry St. & Pampas Ave. iv. Morgan Rd. & Teton St. v. Argyle Ave. & 18th St. vi. Piedmont Dr. & Seine Ave. vii. Acacia Ave. & 35th St. viii. Dover St. & Louise St. RESULT: ADOPTED RESOLUTION NO. 2024-108 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 24. Award of Professional Services Agreement for Pavement Management Program and Asset Inventory (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of an Agreement with Nicols Consulting Engineers in the amount of $820,300 for Pavement Management Program and Asset Inventory (Project); and 2. Authorize the project contingencies and staff time in the total amount of $123,045 for completion of the Project; and 3. Authorize the City Manager or designee to execute all documents with Nicols Consulting Engineers; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.       Packet Page. 456 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 25. Award of Agreement for Construction of Clean California Grant 4th Street Beautification and Landscape Project SS 22­008 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of an Agreement with SDC Engineering, Inc. in the amount of $340,617.30 for the Clean California Grant 4th Street Beautification and Landscape (Project); and 2. Authorize the project construction, construction contingencies, and construction management costs in the total amount of $40,000 for construction of the Project; and 3. Authorize the City Manager or designee to execute all documents with SDC Engineering, Inc.; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Council Member Sanchez asked for details regarding the bid, grant amount, and changes in the Scope of Work. Council Member Alexander inquired about local vendor preference for one of the bidders. Deputy Director of Public Works/City Engineer Azzam Jabsheh clarified the budget and the funding, including the plan for using the amount of excess grant funds. City Manager Montoya stated that he did not know if the vendor received the local preference, but he would check the requirements provided by the State for this particular grant because they may preclude the City’s rules for local vendor preference. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 26. Increase Annual Purchase Order for Fairview Ford (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California Adopt Resolution No. 2024-109 1. Authorizing the Director of Finance & Management Services to approve an increase in the purchase order for Fairview Ford from $230,000 to a new not to exceed amount of $300,000; and       Packet Page. 457 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 14 2. Authorizing the extension of the purchase order agreement with the option for another five years of single year annual renewal, through fiscal year 2028/2029 RESULT: ADOPTED RESOLUTION NO. 2024-109 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 27. Approve Final Tract Map No. 17329­4 (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024-110: 1. Approving Final Tract Map No. 17329-4 (Subdivision 05-40) involving the subdivision of the parcel (APN 0348-111-51) containing 24.68 acres into twenty (20) single family lots at the northwest corner of N. Little League Drive and W. Ohio Avenue; and 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. RESULT: This item was pulled by the City Manager; No action taken At this time, Public Hearings (Items 4-6) were heard. Prior to the opening of Public Hearings, City Attorney Sonia Carvalho made a statement regarding “Whistleblower” protections and what it entails, in response to a former employee that made a public comment earlier in the meeting. PUBLIC HEARINGS 4. Presentation of the City Manager’s Proposed Fiscal Year 2024/25 and Fiscal Year 2025/26 Budget (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1.Conduct the Public Hearing on the proposed Fiscal Years 2024/25 and 2025/26 Operating Budget and Capital Improvement Plan; 2.Receive and file the proposed budget for Fiscal Years 2024/25 and 2025/26 Operating and Capital Improvement Plan presentation and provide direction to staff. Mayor Tran opened the public hearing at 7:10 PM. Deputy Director of Finance, Jeannie Fortune, along with Budget Manager Zuyva Ruiz and City Engineer Jabsheh, provided the presentation.       Packet Page. 458 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 15 There were two public speakers: Treasure Ortiz asked the Mayor and City Council to not move forward with this item at this time, due to the concerns from the council and public regarding the City’s financial status and City Manager Montoya’s actions. Al Palazzo asked the Mayor and City Council to work with him and listen to his ideas for rebuilding the City. Council Members discussed waiting to approve the budget, considering all of the information that has been provided. Topics included cannabis revenue, increased hiring, increased compensation for staff, and a status on the pending Strategic Initiatives that the Mayor and City Council introduced in September 2023. Council Member Sanchez asked that staff bring back an Employee Control Document that shows all filled, vacant, and budgeted staff positions. He also asked that staff provide a comparison of this year’s biennial budget to the proposed budget, so the council can see what has changed. Council Member Shorett seconded the motion. Council Member Reynoso asked that an update also be brought forward regarding the details of the Strategic Plan approved by Council in 2023, and how those recommendations correlate with the current proposed budget. RESULT: CONTINUED PUBLIC HEARING TO JUNE 5, 2024, AND PROVIDED DIRECTION TO STAFF TO RETURN AT THAT TIME WITH: 1. AN “EMPLOYEE CONTROL DOCUMENT” THAT SHOWS BUDGETED FULL-TIME POSITIONS VS. FILLED POSITIONS; 2. A COMPARISON OF THE PROPOSED BUDGET WITH THE ‘STATUS QUO’ BUDGET; AND 3. PROVIDE AN UPDATE ON THE PREVIOUS COUNCIL RECOMMENDATIONS MADE ACCORDING TO THE STRATEGIC PLAN, IN COMPARISON TO THE PROPOSED BIENNIAL BUDGET [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 5. Adopt Fiscal Year 2024­25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve and adopt the Fiscal Year 2024 -25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and 2.Adopt Resolution No. 2024-094, authorizing the acceptance and allocation of the Fiscal Year 2024-25 Annual Action Plan; and 3.Authorize the Director of Finance and Management to adjust the Fiscal       Packet Page. 459 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 16 Year 2024-2025 Budget appropriation to align with the Fiscal Year 2024-25 Annual Action Plan allocation; and 4.Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the submittal of the Fiscal Year 2024-2025 Annual Action Plan and certification to the U.S. Department of Housing and Urban Development. City Manager Montoya informed that this item would encompass discussion for Item No. 8. Mayor Tran left the dais prior to the opening of the Public Hearing. Mayor Pro Tem Shorett opened the public hearing at 8:17 PM. Senior Management Analyst William Lampi provided a presentation. He clarified the allocations previously recommended by the Mayor and City Council on May 1, 2024 for CDBG funding for public facilities projects. He informed that some of the funds for facilities are flexible in their spending options, but the funding for services or programs are not. Staff made updates to the Annual Action Plan based on the recommendations made by the Mayor and City Council, and pursuant to the Federal Code of Regulations and H.U.D (Department of Housing and Urban Development) guidelines. There were no public speakers. The public hearing was closed by Mayor Pro Tem Shorett at 8:27 PM. There was discussion amongst the City Council regarding the software and staffing needs for the vendors, and distribution of the Public Facility funds being allocated as needed. RESULT: CDBG ANNUAL ACTION PLAN APPROVED AS PART OF STAFF’S RECOMMENDATION; APPROVED STAFF RECOMMENDATION AND ADOPTED RESOLUTION NO. 2024-094 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 6. Imposing Liens on Certain Parcels of Real Property for Unpaid Business Registration Taxes and Penalties (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Conduct a public hearing to receive public comment on the matter; and 2.Adopt Resolution No. 2024-095 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and 3.Authorize the Director of Finance and Management Services to remove       Packet Page. 460 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 17 any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Mayor Pro Tem Shorett opened the public hearing at 8:33 PM. Deputy Finance Director Jeannie Fortune and Business Registration Manager Minerva Berumen provided a presentation. There were five public speakers: Robin Steele, Inocencio Rodriguez, and Hilal Boukansoul all inquired about the status of their properties that were issued liens. Manager Berumen informed that she would assist them at the close of the Public Hearing. Alan Stanly commented that the process of imposing liens on businesses is not beneficial to the City. Luis Ojeda stated that this process is discouraging for local businesses. The public hearing was closed at 8:49 PM. Council Member Sanchez inquired as to whether liens can be removed if the business complies. Manager Berumen confirmed that they can, as long as the owner contacts the Business Registration department. RESULT: APPROVED STAFF RECOMMENDATION AND ADOPTED RESOLUTION NO. 2024-095 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None CITY MANAGER UPDATE There was no City Manager update, but City Manager Montoya announced at this time that discussion items No. 29 and 30 would be removed from the agenda, in addition to Item No. 28 that was pulled earlier in the meeting. DISCUSSION 28. Consideration of the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-111 approving the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc.       Packet Page. 461 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 18 RESULT: This item was pulled by the City Manager; No action taken 29. City Hall Renovation Project Step 1 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: a. Authorize the City Manager to move forward with Step 1 of the San Bernardino City Hall Renovation Project; and b. Authorize the execution of the Joint Exercise Power Agreement between the City of San Bernardino, and the San Bernardino City Housing Authority; and c. Adopt Resolution 2024-090; of the City of San Bernardino authorizing the creation of the City of San Bernardino Financing Authority and certain other matters pertaining thereto; and d. Adopt Resolution 2024-091; declaring intent to issue tax exempt obligations to be used to reimburse the City for expenditures it may incur prior to the bond issuance. RESULT: APPROVED TO REMOVE ITEM FROM AGENDA, PER THE CITY MANAGER (7-0 MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None DISCUSSION ­ SAN BERNARDINO CITY HOUSING AUTHORITY ITEM 30. Authorizing the Execution of a Joint Exercise Powers Agreement with the City of San Bernardino and Adopting Resolution No. SBHA/2024­1 of the San Bernardino City Housing Authority Authorizing the City of San Bernardino Financing Authority Recommendation: It is recommended that the San Bernardino City Housing Authority: a. Authorize the execution of the Joint Exercise Power Agreement between the San Bernardino City Housing Authority and the City of San Bernardino; and b.Adopt Resolution SBHA/2024-1 of the San Bernardino City Housing Authority authorizing the creation of the City of San Bernardino Financing Authority and certain other matters pertaining thereto.       Packet Page. 462 Regular Meeting Draft Minutes May 15, 2024 Mayor and City Council of the City of San Bernardino Page 19 RESULT: APPROVED TO REMOVE ITEM FROM AGENDA, PER THE CITY MANAGER (7-0) MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 31. Taxpayer Protection Act (All Wards) – Council Member Alexander Council Member Alexander stated that San Bernardino is the only City in the County does not have a Taxpayer Protection Act, and he would like it to be considered. RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time the Mayor and City Council provided updates to the community. Highlights included a Celebration of Life for community member Mike Gallo, the Police Chief’s luncheon, the “Dodger Dream Fields” Grand Opening, and the recent State of the County event. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, May 15 2024, at 9:14 PM, in honor of Law Enforcement Memorial Day, as well as the passing of community member Mike Gallo. The next 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 will be held on June 5, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 PM and the Open Session will begin at 5:00 PM. Genoveva Rocha, CMC, City Clerk       Packet Page. 463 2 1 8 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Gabriel Elliott, Director of Community Development and Housing Department:Community Development and Housing Subject:Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) Recommendation: Adopt Resolution No. 2024-144 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the cost recovery of public nuisance abatements. Executive Summary Chapter 8 of the San Bernardino Municipal Code requires Council approval to lien unpaid costs associated with Code Enforcement abatement of hazardous conditions in order to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll. The Abatement Assessments are for public nuisance abatements performed by the Code Enforcement Division. The City initiated abatement and securing of properties, followed up with proper billing provided to the owners and interested parties for costs incurred by the City. The billing notices also included the right to appeal said costs in the notices. The unpaid bills represent a General Fund impact in the amount of $44,075.33. Approval of the Resolution to lien the unpaid costs associated with these abatements is intended to recover the City costs paid for the abatement of the properties. Background On October 5, 2015, the Mayor and Common Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens       Packet Page. 464 2 1 8 0 to enable the City to recover costs for abating nuisances. Discussion San Bernardino Municipal Code Section 8.30.050 requires a Resolution be adopted in order to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll. The Abatement Assessments are for public nuisance abatements performed by the Code Enforcement Division which includes properties that were either secured and/or cleaned via administrative inspection warrants or were deemed Unsafe for Occupancy by the Code Enforcement Division or after fire suppression activities, when no responsible parties could be reached. All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC 8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within 10 (ten) days, or to pay the costs within 45 days of notice per San Bernardino Municipal Code Section 8.30.030 and 8.30.040. To date, hearings have not been requested and the costs are currently outstanding. As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements. The total of outstanding fees for Abatement Assessment, to include warrant abatements, emergency abatements and demolitions, is $44,075.33. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2. 2021-2025 Strategic Targets and Goals The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community & Economic Development Department and that the City continues to strive towards being clean and attractive. Fiscal Impact The General Fund is projected to receive $44,075.33 from this item. This amount will be collected incrementally through property sales, lien payments during escrow, or through assessments added to the County tax roll. Conclusion Adopt Resolution No. 2024-144 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for cost recovery of public nuisance abatements.       Packet Page. 465 2 1 8 0 Attachments Attachment 1 Resolution No. 2024-144, Imposing Liens to Recover Costs for Code Enforcement Attachment 2 Resolution No. 2024-144, Exhibit A Attachment 3 Ordinance MC - 1521 Ward: All Wards Synopsis of Previous Council Actions: October 5, 2015, Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatement. April 18, 2018, Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance. August 1, 2018, Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements. September 18, 2019, Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures.       Packet Page. 466 Resolution No. 2024-144 Resolution No. 2024-144 July 3, 2024 Page 1 of 3 4 9 5 4 RESOLUTION NO. 2024-144 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF PUBLIC NUISANCE ABATEMENTS WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Officer, who determined the owner of record is responsible for the costs. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties lists in Exhibit A. SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment. SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that       Packet Page. 467 Resolution No. 2024-144 Resolution No. 2024-144 July 3, 2024 Page 2 of 3 4 9 5 4 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 3rd day of July 2024. ______________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: ___________________________________ Sonia Carvalho, City Attorney       Packet Page. 468 Resolution No. 2024-144 Resolution No. 2024-144 July 3, 2024 Page 3 of 3 4 9 5 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-144, adopted at a regular meeting held on the 5th day of June 2024 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 6th day of July 2024. ______________________________ Genoveva Rocha, CMC, City Clerk       Packet Page. 469 EXHIBIT "A" ABATEMENT ASSESSMENTS ADDRESS OWNER DATE ABATED WARD COST 247 ENNIS ST.JAMA INVESTMENTS LLC 10/06/23 3 $32,934.11 1923 BELLE ST.RAMIREZ, JOSE I / RAMIREZ, OSTOLIA 1/3/2024 2 $11,141.22 Total:$44,075.33       Packet Page. 470 Ordinance No. MC-1521 – 1 of 32 – ORDINANCE NO. MC-1521 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTERS 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, AND 15.28 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADDING CHAPTER 9.94 OF THE SAN BERNARDINO MUNICIPAL CODE, RELATED TO VARIOUS CODE ENFORCEMENT PROCEDURES, INCLUDING THE CITY’S ADMINISTRATIVE HEARING PROCEDURES AND APPEALS PROCEDURES WHEREAS, the City previously adopted Ordinance No. MC-1474, which established the Building and Accessibility Appeals Board and dissolved the Board of Building Commissioners, as permitted by Health and Safety Code section 19957.5(a); and WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and Accessibility Appeals Board and establish the Building Appeals Board in order to comply with Health and Safety Code section 17920.5, ease the Board’s membership qualifications, and make reaching a quorum easier; and WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the procedures for appeals before the Building Appeals Board; and WHEREAS, Ordinance No. MC-1474, when dissolving the Board of Building Commissioners, did not eliminate lateral references to that board elsewhere in the San Bernardino Municipal Code, and WHEREAS, this Ordinance amends Chapters 8.24, 8.36, 8.69, 9.92, 15.04, 15.20, 15.26, 15.27, and 15.28, in part, to eliminate erroneous references to the defunct Board of Building Commissioners; and WHEREAS, this Ordinance adds Chapter 9.94 to the San Bernardino Municipal Code to create a uniform process for the handling of administrative hearings and appeals where such rights are granted in the San Bernardino Municipal Code; and WHEREAS, this Ordinance amends the appeal procedures in Chapters 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns appeals to be heard by the Building Appeals Board consistent with the right granted under California Building Code section 1.8.8.3; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all other hearings and appeals to Chapter 9.94 of the San Bernardino Municipal Code; and       Packet Page. 471 Ordinance No. MC-1521 – 2 of 32 – WHEREAS, this Ordinance amends Section 8.24.100(H) of Chapter 8.24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Manager and provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 8.30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to property owners, recovery of abatement costs, and procedures for hearings and appeals; and WHEREAS, this Ordinance amends Chapter 8.36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and instead provide for appeals to a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to authorize the City to collect delinquent administrative citation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation; and WHEREAS, this Ordinance amends Chapter 15.04, Building Codes, to adopt all parts of the California Building Standards Code, to eliminate adoptions of other unnecessary uniform codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for building permits; and WHEREAS, this Ordinance amends Chapter 15.05, Property Maintenance Code, to correct a reference to the current edition of the International Property Maintenance Code; and WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the authority granted to the building official, to clarify the authority of the building official to secure buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the City’s authority to recover costs of abatements done under this code; and WHEREAS, this Ordinance amends various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and as otherwise required according to the foregoing amendments; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.       Packet Page. 472 Ordinance No. MC-1521 – 3 of 32 – SECTION 2. Chapter 2.45 of Title 2 of the San Bernardino Municipal Code is hereby amended to state in full as follows: “ Chapter 2.45 BUILDING APPEALS BOARD Sections: 2.45.010 Members 2.45.020 [Reserved] 2.45.030 Duties 2.45.040 Review of the Board’s Decision 2.45.050 Oath of Office 2.45.060 Chair - Meetings 2.45.070 Quorum 2.45.080 Hearing Procedures 2.45.010 Members - Appointment The Building Appeals Board shall be comprised of the members of the San Bernardino Planning Commission, as defined in Section 2.22.010 of this Code. Members shall be appointed on a basis of knowledge in the applicable building codes, regulations, and ordinances of the City, and must be qualified by training and experience to pass on matters pertaining to building construction. 2.45.020 [Reserved] 2.45.030 Duties Pursuant to Section 1.8.8 of the California Building Code, the Board shall have the duty to consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code. The Board is authorized to establish policies and procedures necessary to carry out its duties. 2.45.040 Review of the Board’s Decision The decision of the Board may be appealed to the City Council in accordance with Chapter 2.64 of this Code. The City Council’s decision on an appeal from the Board’s decision is final and binding. Pursuant to Code of Civil Procedure Section 1094.5 and 1094.6, any action to review a decision of the City Council shall be commenced not later than the ninetieth (90th) day after the date the City Council’s order is adopted. 2.45.050 Oath of Office Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk.       Packet Page. 473 Ordinance No. MC-1521 – 4 of 32 – 2.45.060 Chair - Meetings A. The Chairperson of the Board shall be the Chairperson of the Planning Commission, or his or her designee. The Board shall meet only as required to consider an appeal within its jurisdiction. B. The Board shall meet at such times and dates, and in such places, as shall be designated by the Chairperson of the Board. C. Meetings of the Board shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Sections 54950.5, et seq., California Government Code, except as otherwise provided by law. D. A member shall not hear an appeal in which that member has a personal, professional, or financial interest. 2.45.070 Quorum Any five members in attendance at any meeting shall constitute a quorum. 2.45.080 Hearing Procedures A. The Board shall meet upon notice from the chairperson. B. The appellant, the appellant’s representative, the Building Official, the Building Official’s representative, and any person whose interests are affected shall be given an opportunity to be heard. C. The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. D. A quorum of the Board shall hear an appeal. E. The Board may modify or reverse the decision of the Building Official by a concurring vote of a majority of its members. The authority of the Board to render a decision is limited to the scope of authority of the Building Official in the first instance. The Board has no authority to waive a requirement of the California Building Standards Code. F. The Board must issue a written decision with findings within a reasonably prompt time after filing of the appeal. SECTION 3. Subdivision H of Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code is hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “8.24.100 Construction and Demolition Debris Recycling Program …       Packet Page. 474 Ordinance No. MC-1521 – 5 of 32 – H. Appeal. Any appellant aggrieved by the decision of the City Manager relating to a Security Deposit under Section 8.24.100(D) or Section 8.24.100(E) may appeal the decision to the hearing officer in the manner provided in Chapter 9.94 of this Code. …” SECTION 4. Various Sections of Chapter 8.30 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 8.30 PUBLIC NUISANCES Sections: 8.30.010 Purpose 8.30.015 Definitions 8.30.020 Declaration of nuisances 8.30.021 Summary/Emergency Abatement 8.30.022 Summary/Emergency Abatement Post-Abatement Hearing 8.30.023 Method of giving notice 8.30.025 Determination of nuisance 8.30.026 Additional Requirements for Demolition of Buildings or Structures 8.30.030 Appeal 8.30.035 Time limit for compliance 8.30.040 Abatement by City 8.30.041 Invoice of abatement costs 8.30.042 Recovery of attorneys' fees and report of attorneys' fees 8.30.043 Treble damages 8.30.045 Hearing on nuisance abatement costs 8.30.050 Council action 8.30.055 Imposition of special assessment lien and notice 8.30.056 Recording of nuisance abatement lien 8.30.060 Collection of costs and attorney' s fees prior to hearing 8.30.065 Alternative remedies 8.30.070 Violation - Penalty … 8.30.015 Definitions For the purpose of this Chapter the following words and phrases shall have the meanings given herein: …       Packet Page. 475 Ordinance No. MC-1521 – 6 of 32 – c) “Administrative Hearing Officer” or “Hearing Officer” shall mean any individual appointed by the City Manager of the City of San Bernardino, or his/her designee, to hear the appeal under this Chapter.. … h) “Code Enforcement Director” shall mean the Chief of Police for the City of San Bernardino, or his or her designee. … 8.30.021 Summary/Emergency Abatement Notwithstanding any other provision of this Chapter with reference to the abatement of public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, shall have the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or perso nal property, in their sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threa t or hazard as set forth in this chapter. 8.30.022 Summary/Emergency Abatement Post-Abatement Hearing A. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible person with a “Notice of Summary Abatement.” B. The Notice of Summary Abatement shall be served in accordance with Section 8.30.023 of this Chapter and contain the following information: 1) A brief description of the condition and reasons why it constituted an imminent threat or hazard; 2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; 3) A brief description of the actions the City took to abate the imminent threat or hazard; and 4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. C. The City’s determination that a public nuisance constituted an imminent threat or hazard may be appealed as set forth in Section 8.30.030. The invoice of abatement costs may be appealed as set forth in Section 8.30.045. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuance of the Notice of Summary Abatement or as ordered by the hearing officer after any appeal, the City may then proceed to collect its abatement costs in any manner allowed by law, including as set forth in Section 8.30.055.       Packet Page. 476 Ordinance No. MC-1521 – 7 of 32 – D. Omission of any of the foregoing provisions in a Notice of Summary Abatement, whether in whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time. … 8.30.026 Additional Requirements for Demolition of Buildings or Structures A. Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements: (1) The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abate. (2) The City shall serve the Notice to Abate on all secured lienholders of record with the San Bernardino County Recorder’s Office; (3) Entry onto any real property to abate a public nuisance by demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction B. The provisions of this section do not apply in cases involving summary or emergency abatement under Section 8.30.021 of this Code. 8.30.030 Appeal A. Within ten days from the date of giving notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subject to the Notice to Abate. The City Clerk shall then cause the matter to be set for hearing before a Hearing Officer contracted by the City to hear such matters. B. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division. C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance. D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the Hearing Officer's order. The Hearing Officer may amend time to abat e the nuisance, if in his or her opinion, there exists good cause for the amendment of time to abate. If the City is the       Packet Page. 477 Ordinance No. MC-1521 – 8 of 32 – prevailing party, the Hearing Officer’s decision shall order the responsible parties to pay the confirmed nuisance abatement costs to the City within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the property. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time. 8.30.035 Time limit for compliance The violator must abate the nuisance within the period of time set forth in the Notice to Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such longer period as may be determined by the Administrative Hearing Officer. Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance. … 8.30.041 Invoice of abatement costs A. In accordance with this Chapter, the City shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action. B. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the City as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. C. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8.30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final. … 8.30.045 Hearing on nuisance abatement costs A. Any responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date of the invoice, request a hearing to protest the cost of abatement by filing a written request for a hearing on the abatement costs with the City Clerk. The request for hearing must contain the following information: (1) The requestor’s full legal name; (2) The requestor’s mailing address and telephone number; (3) The amount of nuisance abatement costs disputed; (4) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs. B. The failure of any party to properly and timely request a hearing is a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative       Packet Page. 478 Ordinance No. MC-1521 – 9 of 32 – remedies, and a bar to any further challenge to the City’s invoice and nuisance abatemen t costs. C. If a hearing is timely and properly requested, the City Clerk shall cause a Hearing to be set before the Hearing Officer. The City shall provide notice of the date, time, and location of the hearing to all parties at least 10 calendar days before the hearing. At the time fixed for the hearing, the Hearing Officer shall hold an informal hearing to consider the invoice and protests or objections raised by the requestor. D. At the conclusion of the hearing, or within 5 days thereafter, the Hearing Office r shall issue a decision approving, denying, or modifying the amount of the nuisance abatement costs that the City is entitled to recover. E. The decision of the Hearing Officer shall be in writing and shall be served by mail. The decision of the Hearing Officer on the abatement costs shall be final. If any cost recovery is upheld, even in part, the City shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties. F. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time. …” SECTION 5. Various Sections of Chapter 8.36 of Title 8 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 8.36 ABANDONED VEHICLES Sections: 8.36.010 Findings 8.36.020 Definitions 8.36.030 Applicability 8.36.040 Chapter not exclusive 8.36.050 Administration and enforcement 8.36.060 Rights of franchisee to enter private property 8.36.070 Assessment of administrative costs 8.36.080 Abatement authority 8.36.090 Ten-day notice required 8.36.100 Public hearing 8.36.110 Hearings to be held before hearing officer 8.36.120 [Reserved] 8.36.130 Removal of vehicle to scrapyard 8.36.140 Notice to Department of Motor Vehicles of removed vehicles 8.36.150 Assessment of charges against land 8.36.160 Violation - Penalty …       Packet Page. 479 Ordinance No. MC-1521 – 10 of 32 – 8.36.090 Ten-day notice required A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land must advise that failure to comply with the notice may result in abatement by the City, and costs being assessed against the property. All notices must advise that an aggrieved party may appeal and describe the procedures for filing an appeal. 8.36.100 Public hearing A. The owner of the vehicle or owner of the land that is the subject of a ten-day notice issued under this Chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94 of this Code. B. The appeal must be filed within 10 days following issuance of the ten-day notice. If such a request for hearing is not received by the City within said ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 8.36.110 Hearings to be held before hearing officer A. The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to carry out the purpose of this Chapter. The hearing officer may delay the time for removal of the vehicle or part thereof if, in the hearing officer’s opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and may determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site. B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. C. The decision of the hearing officer in an appeal under Chapter 9.94 of this Code is final. 8.36.120 [Reserved] …”       Packet Page. 480 Ordinance No. MC-1521 – 11 of 32 – SECTION 6. Various Sections of Chapter 9.92 of Title 9 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 9.92 ADMINISTRATIVE CITATION PROCESS Sections: 9.92.010 Legislative Findings and Statement of Purpose 9.92.020 Administrative Law Officer 9.92.030 Use of Administrative Citation 9.92.040 Violation; Authority; Fines 9.92.050 Service Procedures 9.92.060 Contents of Citation 9.92.070 Satisfaction of the Administrative Citation 9.92.080 Request for Hearing on an Administrative Citation 9.92.090 Failure to Pay Fines 9.92.100 Publication and Availability of Rules and Regulations 9.92.110 Representation at Hearings 9.92.120 Conduct of Hearings 9.92.130 Orders 9.92.140 Disposition of Fines 9.92.150 Punishment of Violations by Imprisonment 9.92.160 Administrative Adjudication Procedures Not Exclusive 9.92.170 Applicability of Administrative Adjudication Procedures 9.92.180 Right to Judicial Review 9.92.190 Severability … 9.92.090 Failure to Pay Fines A. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due is liable for the payment of any applicable interest charges. B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be calculated on a prorated monthly basis from the date such obligation becomes delinquent to the date it is paid. C. The City may collect any delinquent administrative citation fines or interest charges by use of all available legal means, including personal collection from the responsible parties. D. The City also may recover all costs, expenses, and fees, including attorneys’ fees, associated with the assessment, enforcement, processing, and collection of the fines associated with the administrative citation in accordance with the provisions of this Code.       Packet Page. 481 Ordinance No. MC-1521 – 12 of 32 – … 9.92.170 Applicability of Administrative Adjudication Procedures A. Notwithstanding any other provision of the ordinances of the City or this Code, all provisions of this Code or ordinances, may be enforced by instituting an administrative adjudication hearing with the Administrative Law Officer as provided in this article. B. Notwithstanding any other provision of the ordinances of the City or this Code, any enforcement action, including but not limited to license or permit suspension or revocation, which may be exercised by another department of the City may also be exercised by the Administrative Law Officer as provided in this article. 9.92.180 Right to Judicial Review Any decision of the Administrative Law Officer is final, subject to judicial review. Within 20 days after service of the decision of the Administrative Law Officer upon the party to the administrative adjudication hearing, that person may seek judicial review of the decision by filing an appeal with the Superior Court of the State of California, in the County of San Bernardino, in accordance with California Government Code section 53069.4. The appealing party must serve upon the City Clerk, either in person or by first -class mail, a copy of the notice of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer’s decision is deemed confirmed.” …” SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby added to state in full as follows: “ Chapter 9.94 ADMINISTRATIVE HEARINGS AND APPEALS Sections: 9.94.010 Definitions 9.94.020 Purpose and Intent 9.94.030 Scope 9.94.040 Hearing Officer—Selection and Qualifications 9.94.050 Powers and Duties of Hearing Officer 9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal 9.94.070 Administrative Hearings—Notice Procedures 9.94.080 Administrative Hearings—Conduct of Hearing 9.94.090 Decision of the Hearing Officer 9.94.100 Methods of Service 9.94.110 Costs 9.94.120 Judicial Review 9.94.130 Limitation on Jurisdiction 9.94.140 Severability       Packet Page. 482 Ordinance No. MC-1521 – 13 of 32 – 9.94.010 Definitions The following definitions apply in the interpretation and enforcement of this Chapter. A. “Action” means an act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions of this Chapter is granted in this Code. B. “Administrative agency” means an organ of the city government other than the City Council which under the direction of the City Manager has responsibility for carrying out or enforcing the rules, regulations, and ordinances of the city, but not including boards and commissions of the city. C. “Administrative officer” means an officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer. D. “Aggrieved person” means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from. E. “Appellant” means any aggrieved person who files an appeal. F. “Code” means the San Bernardino Municipal Code. G. “Hearing officer” means any person duly qualified and authorized by this Chapter to hear and review appeals under this Chapter. H. “Respondent” means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal. 9.94.020 Purpose It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an action or decision of an administrative agency or officer. These procedures are also intended to establish a forum to efficiently and fairly resolve administrative appeals. 9.94.030 Scope The hearing officer hears appeals from actions taken by an administrative officer or administrative agency when a right to appeal under the provisions of this Chapter is granted in this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under this Chapter may be supplemented or modified as stated in the chapter that grants a right to appeal under these provisions. The hearing officer has no authority to hear appeals of any action taken by the City Council or any other board or commission of the City.       Packet Page. 483 Ordinance No. MC-1521 – 14 of 32 – 9.94.040 Hearing Officer—Selection and Qualifications A. The City Manager must establish procedures for the selection of a qualified person to serve as hearing officer for each matter appealed under this Chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias. B. For purposes of this section, “qualified person” includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemed qualified by the City Manager. 9.94.050 Powers and Duties of Hearing Officer A. As provided by Section 9.94.030, the hearing officer hears all appeals in accordance with the procedures contained in this Chapter or as supplemented or modified in the chapter granting a right to appeal hereunder. B. The hearing officer is authorized to issue decisions and take all actions necessary and proper to carry out the functions of the hearing officer in this Chapter, including: (1) Hold conferences for settlement or simplification of the issues; (2) Administer oaths and affirmations; (3) Hear testimony; (4) Rule upon motions, objections, and the admissibility of evidence; (5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; (6) Regulate the course of the hearing in accordance with this Chapter or other applicable law; and (7) Issue a final order which includes findings of fact and conclusions of law. C. The hearing officer may request information, services, facilities, or any other assistance for the purpose of furthering the objectives of this Chapter. D. At the hearing, the hearing officer must hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these persons. E. The hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable State and federal law governing such hearings.       Packet Page. 484 Ordinance No. MC-1521 – 15 of 32 – 9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal Except where this Code prescribes another procedure, the following hearing request procedures apply to appeals under this Chapter. A. Any aggrieved person may contest an action taken by an administrative officer of the City, as provided in Section 9.94.030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution of the City Council. B. The notice required by Subsection (A) must be filed no later than 15 days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing or none is required, no later than 15 days following the date of the action that is the subject of the appeal. C. A written notice of appeal must contain the following information: (1) The full name, mailing address, e-mail address, and telephone number of each appellant who is appealing the action; (2) A description of the specific action or decision being appealed, including the date of the action; (3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and (4) The signature of an appellant. D. If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete, or if the notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies. 9.94.070 Administrative Hearings—Notice Procedures Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Chapter: A. No hearing before a hearing officer under this Chapter may be scheduled or held unless a timely and proper notice of appeal has been submitted to the City Clerk as set forth in Section 9.94.060. B. The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer.       Packet Page. 485 Ordinance No. MC-1521 – 16 of 32 – C. The City Clerk must provide a copy of the appeal to the respondent within five days after filing. D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the date, time, and location of the hearing at least 15 days before the date of the hearing. E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issue or invalidate any action of the hearing officer, if the notice was given in the manner stated in Subsection (D) of this Section. F. The notice of hearing may be served by any of the methods of service listed in Section 9.94.100 of this Chapter. G. Unless the notice of appeal names some other respondent, the administrative officer or administrative agency that took the action or made the decision being appealed is designated the “respondent.” 9.94.080 Administrative Hearings—Conduct of Hearing A. Participation. The hearing officer must be present at all times to preside over the hearing. All hearings are open to the public. The respondent, or another City representative, is required to participate in the hearing. The appellant is required to participate in the hearing. B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. C. Cross-Examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross-examine witnesses. D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording. E. Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to compel the attendance of witnesses for the production of evidence by subpoenas issued under the authority of the City Council and attested by the City Clerk. Subpoenas may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to be issued, and such subpoena is approved by the City Council. It is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena subjects the person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council.       Packet Page. 486 Ordinance No. MC-1521 – 17 of 32 – F. Proof. The standard of proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence. G. Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties. H. Failure of Appellant to Appear. If the appellant fails to appear at the hearing, the hearing officer may cancel the hearing and send a notice thereof to the appellant to the address stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant waives the right to appeal and is failure to exhaust all administrative remedies, provided that proper notice of the hearing as required by this Chapter has been provided. In such instances, the action is final and binding. 9.94.090 Decision of the Hearing Officer A. The hearing officer must render his or her decision in accordance with the provisions of this Chapter, applicable law, and all ordinances of this City. B. The hearing officer’s decision must be in writing and must set forth the hearing officer’s findings of fact and conclusions of law. C. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer. D. The hearing officer’s decision must be served on all parties in accordance with Section 9.94.100. Failure of a person to receive a properly-served decision does not affect the finality or effectiveness of the decision. E. The hearing officer’s decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer’s decision is effective on the date of service of the decision. The decision must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.” 9.94.100 Methods of Service A. Except where this Code prescribes another procedure, any notice or document required to be served under this Chapter must be served by personal service or first-class mail. B. Service is deemed effective on the date it is personally delivered or mailed.       Packet Page. 487 Ordinance No. MC-1521 – 18 of 32 – C. Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter. 9.94.110 Costs Nothing herein limits the City’s ability to seek recovery of its costs or fees incurred in connection with the hearing if authorized by law. The City shall keep an accounting of the hearing costs. If any portion of the action is upheld, even in part, the City is the prevailing party. 9.94.120 Judicial Review The decision of the hearing officer is not subject to appeal to the City Council or any board or commission of the City. Once the hearing officer’s decision becomes final as provided in this Chapter, the appellant must both bring judicial action to contest such decision and provide the City with a notice of the action within 90 days after the date of such decision of the hearing officer, in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer’s decision are waived. 9.94.130 Limitation on Jurisdiction The hearing officer shall not consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code, which must be considered by the Building Appeals Board pursuant to Section 2.45.030 of this Code. 9.94.140 Severability The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.” SECTION 8. Various Sections of Chapter 15.04 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 15.04 BUILDING CODES Sections: 15.04.010 Citation 15.04.020 Adoption of Codes by Reference 15.04.030 Applicability 15.04.040 Definitions 15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work       Packet Page. 488 Ordinance No. MC-1521 – 19 of 32 – 15.04.060 CBC Chapter 1, Section 112.1.1 is added- Board of Appeals Designated 15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended Fences Not Requiring a Building Permit 15.04.080 [Reserved] 15.04.090 CBC Section 2204.1.1 is added- Qualification of Welding Operators. 15.04.100 CBC Section 3109.1.1 is added- Barriers for Swimming Pools 15.04.110 CBC Appendix J, Section J101 .3 is added - Alquist-Priolo Earthquake Fault Zones 15.04.120 CBC Appendix J, Section J101 .4 is added - Enforcement Authority 15.04.130 On-site Improvement Permit 15.04.140 Preparation of Grading Plans 15.04.150 On-Site Improvement Plans and Specifications 15.04.160 Information on On-Site Improvement Plans 15.04.170 On-site Improvement Plan Review and Permit Fees 15.04.180 Inspection of On-Site Improvements 15.04.190 Bonds Required 15.04.200 CBC Appendix J, Section J110.1 is added- Planting of Slopes 15.04.210 CBC Appendix J, Section J112 is added- Grading Operations 15.04.220 CBC Appendix J, Section J110.3 is added- Final Repots 15.04.230 Driveway Configurations 15.04.240 Location of Slopes 15.04.250 Automatic Fire Sprinkler Systems- Residential Additions 15.04.260 Stop Work Order … 15.04.020 Adoption of Codes by Reference A. Adoption of the California Building Standards Code by Reference Those certain rules and regulations as set forth in the following codes are hereby adopted and by this reference are made a part of this Code with the force and effect as though set out herein in full, with the exception of those parts expressly excepted and deleted or as amended by this Code, as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, and maintenance of all buildings and other structures in the City: 1. The 2016 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating: A. California Building Code (CBC), 2016 edition, and Appendix J thereto; B. California Electrical Code (CEC), 2016 edition; C. California Mechanical Code (CMC), 2016 edition;       Packet Page. 489 Ordinance No. MC-1521 – 20 of 32 – D. California Plumbing Code (CPC), 2016 edition; E. California Green Building Standards Code (CGBSC), 2016 edition; and F. California Residential Code (CRC), 2016 edition; G. California Energy Code, 2016 edition; H. California Historical Building Code, 2016 edition; I. California Fire Code, 2016 edition; J. California Existing Building Code, 2016 edition. B. Adoption of Other Codes by Reference In addition to the California Building Standards Codes, those certain rules and regulations, as set forth in the following codes, and appendices are hereby adopted by reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenance of all buildings and other structures in the City: 1. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition; 2. International Property Maintenance Code (IPMC), 2015 edition C. Copies of all Codes listed above shall be on file in the Community Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. 15.04.030 Applicability It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the City in violation of, or without complying with the appropriate provisions of this Chapter. The California Building Standards Code shall govern and prevail in the event of any inconsistency or conflict between the building standards within the California Building Standards Code, as adopted and amended by the City, and the building standards in any other code. … 15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work Section 105.5.1 Prima Facie Evidence of Abandoned Work       Packet Page. 490 Ordinance No. MC-1521 – 21 of 32 – Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 365 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired. 15.04.060 CBC Chapter 1, Section 113.1.1 is added Board of Appeals Designated Section 113.1.1 Board of Appeals Designated 1. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the building standards of this code, the Building Appeals Board of the City of San Bernardino, established under Chapter 2.45 of this Code, shall serve as the Board of Appeals. The Building Appeals Board has such duties as are delegated to it by the California Building Standards Code and Chapter 2.45 of the San Bernardino Municipal Code. 15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit 2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards. 15.04.080 [Reserved] … 15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBC Appendix J and any amendments thereto. …” SECTION 9. Chapter 15.05 of Title 15 of the San Bernardino Municipal Code is hereby amended to state in full as follows: “ Chapter 15.05 PROPERTY MAINTENANCE CODE Sections: 15.05.010 Citation of Sections       Packet Page. 491 Ordinance No. MC-1521 – 22 of 32 – 15.05.020 Section 102.3 amended 15.05.030 Section 103.1 amended 15.05.040 Section 104.3 amended 15.05.050 Section 106.4 amended 15.05.060 Section 107.1 amended 15.05.070 Section 111 amended 15.05.080 Section 112.4 amended 15.05.090 Section 201.3 amended 15.05.100 Section 302.4 amended 15.05.110 Section 302.9 amended 15.05.120 Section 304.3 amended 15.05.130 Section 304.14 amended 15.05.140 Section 304.18 amended 15.05.150 Section 307 amended 15.05.160 Section 401.3 amended 15.05.170 Section 502.5 amended 15.05.180 Section 505.1 amended 15.05.190 Section 602.2 amended 15.05.200 Section 602.3 amended 15.05.210 Section 602.4 amended 15.05.220 Section 604.2 amended 15.05.230 Section 604.3.1.1 amended 15.05.240 Section 604.3.2.1 amended 15.05.250 Section 702.1 amended 15.05.260 Section 702.2 amended 15.05.270 Section 702.3 amended 15.05.280 Section 704.1 amended 15.05.290 Section 704.2 amended 15.05.010 Citation of Sections The provisions of this chapter amend the International Property Maintenance Code, 2015 Edition, published by the International Code Conference, as adopted by reference by the City in Chapter 15.04 of this Code. 15.05.020 Section 102.3 amended International Property Maintenance Code Section 102.3 is amended to read as follows: 102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code."       Packet Page. 492 Ordinance No. MC-1521 – 23 of 32 – 15.05.030 Section 103.1 amended International Property Maintenance Code Section 103. 1 is amended to read as follows: 103.1 "The Chief of Police or the Director of Community Development or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code." 15.05.040 Section 104.3 amended International Property Maintenance Code Section 104.3 is amended to add the following phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." 15.05.050 Section 106.4 amended International Property Maintenance Code Section 106.4 is amended to read as follows: 106.4 "Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code." 15.05.060 Section 107.1 amended International Property Maintenance Code Section 107.1 is amended to read as follows: 107.1 "Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3." 15.05.070 Section 111 amended International Property Maintenance Code Section 111 and subsections are amended to read as follows: 111 "A party aggrieved by a notice or order issued under this code may appeal in the manner set forth in Chapter 9.94 of the San Bernardino Municipal Code." 15.05.080 Section 112.4 amended International Property Maintenance Code Section 112.4, Failure to comply, is amended to read as follows: 112.4 Failure to Comply "Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [SBMC] 9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is       Packet Page. 493 Ordinance No. MC-1521 – 24 of 32 – directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense." 15.05.090 Section 201.3 amended International Property Maintenance Code Section 201.3 is amended to read as follows: 201.3 Definitions. "Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes." 15.05.100 Section 302.4 amended International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows: 302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8.30, Abatement of Public Nuisances." 15.05.110 Section 302.9 amended International Property Maintenance Code Section 302.9, defacement of property, is deleted. 15.05.120 Section 304.3 amended International Property Maintenance Code Section 304.3 is amended to read as follows: 304.3 Premises Identification "Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12.32.030 and/or 15.16.126." 15.05.130 Section 304.14 amended International Property Maintenance Code Section 304.14 is deleted. 15.05.140 Section 304.18 amended International Property Maintenance Code Section 304.18 is deleted. 15.05.150 Section 307 amended International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows:       Packet Page. 494 Ordinance No. MC-1521 – 25 of 32 – 307 Handrails and Guardrails "Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition." 15.05.160 Section 401.3 amended International Property Maintenance Code Section 401. 3 is amended to read as follows: 401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted." 15.05.170 Section 502.5 amended International Property Maintenance Code Section 502.5, Public toilet facilities, is amended to read as follows: 502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises." 15.05.180 Section 505.1 amended International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows: 505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code." 15.05.190 Section 602.2 amended International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows: 602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently-installed heating facilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms." 15.05.200 Section 602.3 amended International Property Maintenance Code Section 602. 3, Heat supply, Exceptions #1 and #2 are deleted.       Packet Page. 495 Ordinance No. MC-1521 – 26 of 32 – 15.05.210 Section 602.4 amended International Property Maintenance Code Section 602.4, Occupiable work spaces, is deleted. 15.05.220 Section 604.2 amended International Property Maintenance Code Section 604.2, Service, is amended to read as follows: 604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single-phase electrical service having a rating of not less than 60 amperes." 15.05.230 Section 604.3.1.1 amended International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is amended to read as follows: 604.3.1.1 Electrical Equipment "Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted." 15.05.240 Section 604.3.2.1 amended International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is amended to read as follows: 604.3.2.1 Electrical Equipment "Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code." The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted. 15.05.250 Section 702.1 amended International Property Maintenance Code Section 702.1, General, is amended to read as follows: 702.1 General "General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall       Packet Page. 496 Ordinance No. MC-1521 – 27 of 32 – comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive." 15.05.260 Section 702.2 amended International Property Maintenance Code Section 702.2, Aisles, is amended to read as follows: 702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed." 15.05.270 Section 702.3 amended International Property Maintenance Code Section 702.3, Locked doors, is amended to read as follows: 702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive." 15.05.280 Section 704.1 amended International Property Maintenance Code Section 704.1, General, is amended to read as follows: 704.1 Fire Protection Systems "General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code." 15.05.290 Section 704.2 amended International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows: 704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."” SECTION 10. Section 15.20.090 of Chapter 20 of Title 15 of the San Bernardino Municipal Code is hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “…       Packet Page. 497 Ordinance No. MC-1521 – 28 of 32 – 15.20.090 Hearings Any person aggrieved by the revocation of any certificate of occupancy by the Building Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45 of this Code, as such denial is an order, decision, or determination of the Building Official relating to the building standards of the California Building Standards Code. …” SECTION 11. Various Sections of Chapter 15.28 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 15.28 DANGEROUS BUILDINGS Sections: 15.28.010 Referenced Code 15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended 15.28.030 [Reserved] 15.28.040 [Reserved] 15.28.050 [Reserved] 15.28.060 [Reserved] 15.28.070 [Reserved] 15.28.080 [Reserved] 15.28.090 [Reserved] 15.28.100 [Reserved] 15.28.110 [Reserved] 15.28.120 [Reserved] 15.28.130 [Reserved] 15.28.140 Securing dangerous buildings from entry 15.28.150 Recovery of costs of abatement of nuisance 15.28.160 Discontinuance of utilities 15.28.170 Filing of notice of pendency of administrative proceedings 15.28.180 [Reserved] 15.28.190 Post-disaster Safety Assessment Placards 15.28.200 Section 103 amended 15.28.210 Section 205 amended 15.28.220 Section 301 amended …       Packet Page. 498 Ordinance No. MC-1521 – 29 of 32 – 15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted. Procedures for appeals, hearings, enforcement of orders, and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30 of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of the UCADB, enforcement of any notice and order of the building official is stayed du ring the pendency of an appeal therefrom that is properly and timely filed. … 15.28.140 Securing dangerous buildings from entry A. The building official is authorized to secure from entry any structure that is ordered vacated in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the building official determines, in his or her sole discretion, that securing the structure is necessary to enforce the order to vacate. The enforcement official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion. B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code. C. The building official’s decision to secure a structure may be appealed in the same manner as the issuance of the underling notice to vacate and as provided in Section 15.28.020. 15.28.150 Recovery of costs of abatement of nuisance Any costs incurred by the City in connection with the enforcement of the Uniform Code for the Abatement of Dangerous Buildings may be collected by the City according to the procedures specified in Chapter 8.30 of the San Bernardino Municipal Code. … 15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, lienholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the       Packet Page. 499 Ordinance No. MC-1521 – 30 of 32 – administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as a lien for abatement in the same manner as if he had been the owner at the time of commencement of the proceedings and had been properly served at that time. … 15.28.200 Section 103 amended Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: "All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Building Standards Code promulgated by the California Building Standards Commission in Title 24 of the California Code of Regulations, as adopted and amended by the City of San Bernardino." 15.28.210 Section 205 amended Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section. 15.28.220 Section 205 amended Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: "For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the California Building Code, as adopted and amended by the City of San Bernardino. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code."” SECTION 12. All existing provisions of the San Bernardino Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment. SECTION 13. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable.       Packet Page. 500 Ordinance No. MC-1521 – 31 of 32 – SECTION 14. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 15. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 16. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 20 . John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney       Packet Page. 501 Ordinance No. MC-1521 – 32 of 32 – CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1521 introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the 4th day of September, 2019. Ordinance No. MC-1521 was approved, passed and adopted at a regular meeting held the 18th day of September, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this day of ____________, 20 . ______________________________ Georgeann Hanna, MMC, City Clerk       Packet Page. 502 2 1 7 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager C. Jeannie Fortune, Interim Director of Finance and Management Services Department:Finance Subject:Investment Portfolio Report for April 2024 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April 2024. Executive Summary This action is to approve the Investment Portfolio for the month of April 2024. This is regular business of the Mayor and City Council ensuring that City investments are in compliance with the Mayor and Council approved Investment Policy. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. Section III, Chapter N of the City’s approved 2023-24 Investment Policy reads as follows, “The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month.” The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended April 2024. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.       Packet Page. 503 2 1 7 9 2021-2025 Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact associated with receiving and filing the monthly investment report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April 2024. Attachments Attachment 1 Investment Portfolio Management Summary Report, April 2024. Attachment 2 Resolution 2023-118; Adopted Investment Policy Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Page. 504 CITY OF SAN BERNARDINO Portfolio Management April 30, 2024 CITY OF SAN BERNARDINO FINANCE DEPARTMENT 290 N D. ST SAN BERNARDINO, CA 92401 (909)384-5242Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Days to MaturityTerm YTM 360 Equiv. YTM 365 Equiv. State Local Agency Investment Fund 80,220,762.62 122.52 0.200180,220,762.6280,220,762.62 0.203 Certificates of Deposit 994,000.00 1,8260.28 1.808459948,876.23994,000.00 1.833 Federal Agency Issues - Coupon 69,963,891.37 1,54719.64 0.82752065,992,395.0070,000,000.00 0.839 Money Market Funds 171,343,564.49 148.11 0.0101171,343,564.49171,343,564.49 0.010 Corporate Notes 29,114,717.90 1,6118.17 1.00951927,336,060.0029,125,000.00 1.023 Supranationals 4,509,779.47 1,5531.27 0.5944744,269,750.004,500,000.00 0.603 356,146,715.85 100.00%Investments 350,111,408.34356,183,327.11 461 153 0.307 0.312 Cash and Accrued Interest (not included in yield calculations) Passbook/Checking 656,352.00 1 0.0001656,352.00656,352.00 0.000 356,843,071.29Total Cash and Investments 696,355.44Subtotal 40,003.44 350,807,763.78356,839,679.11 696,355.44 40,003.44 461 153 0.307 0.312 Accrued Interest at Purchase Current Year April 30 92,992.95 Fiscal Year To Date 8,621,528.78 Average Daily Balance Effective Rate of Return 349,474,672.30 333,203,665.62 3.10%0.32% Total Earnings Month Ending "I certify that this report accurately reflects all pooled investments and is in conformity with the Investment Policy Statement approved by the Mayor and City Council." *Book Value is amortized Cost Basis **Market Values provided by BNY Western Trust. __________________________________________________ ____________________ CYNTHIA JEANNIE FORTUNE, INTERIM DIRECTOR OF FINANCE & MGMT Portfolio CITY AP Reporting period 04/01/2024-04/30/2024 Run Date: 05/28/2024 - 14:38 IE (PRF_PM1) 7.3.11 Report Ver. 7.3.11 05-28-2024       Packet Page. 505 YTM 360 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value April 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date State Local Agency Investment Fund 0.200LOCAL AGENCY INVESTMENT FUND10001 39,117,940.52 39,117,940.52 0.20307/01/2022 39,117,940.52SYS 1 0.200LOCAL AGENCY INVESTMENT FUND10003 41,102,822.10 41,102,822.10 0.20307/01/2022 41,102,822.10SYS10003 1 80,220,762.6280,220,762.6280,220,762.6279,909,800.89Subtotal and Average 0.200 1 Certificates of Deposit 1.134STATE BANK OF INDIA80057 250,000.00 250,000.00 09/28/20261.15009/28/2021 228,710.25856285XL0 880 2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 246,430.3214042RLW9 29 2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 246,153.0661760AG52 43 0.937UBS FINANCE COMMERCIAL PAPER80056 250,000.00 250,000.00 09/22/20260.95009/22/2021 227,582.6090348JT59 874 994,000.00948,876.23994,000.001,110,200.00Subtotal and Average 1.808 459 Managed Pool Accounts 0.158CALTRUST GOVT INVESTMENT FUND20008 0.00 0.00 0.16007/01/2022 0.0020008 1 0.000.000.000.00Subtotal and Average 0.000 0 Federal Agency Issues - Coupon 0.334FEDERAL FARM CREDIT BANK30605 1,000,000.00 999,854.69 02/10/20250.32002/10/2021 962,480.00 Aaa3133EMQG0 285 0.473FEDERAL FARM CREDIT BANK30608 2,000,000.00 2,000,000.00 03/03/20250.48003/03/2021 1,921,400.00 Aaa3133EMSC7 306 0.700FEDERAL FARM CREDIT BANK30613 1,000,000.00 1,000,000.00 04/01/20250.71004/01/2021 959,100.00 Aaa3133EMUP5 335 0.720FEDERAL FARM CREDIT BANK30630 1,000,000.00 1,000,000.00 05/19/20250.73005/19/2021 953,440.00 Aaa3133EMZW5 383 0.957FEDERAL FARM CREDIT BANK30634 1,000,000.00 999,586.11 05/26/20260.95005/26/2021 917,610.00 Aaa3133EMB76 755 0.641FEDERAL FARM CREDIT BANK30642 1,000,000.00 1,000,000.00 06/09/20250.65006/09/2021 951,410.00 Aaa3133EMF98 404 0.730FEDERAL FARM CREDIT BANK30655 1,000,000.00 1,000,000.00 07/21/20250.74007/21/2021 947,460.00 Aaa3133EMU91 446 0.594FEDERAL FARM CREDIT BANK30656 1,000,000.00 999,288.13 09/16/20250.55007/21/2021 939,220.00 Aaa3133EL7K4 503 0.502FEDERAL FARM CREDIT BANK30664 1,000,000.00 999,775.72 02/10/20250.48008/26/2021 963,670.00 Aaa3133EMZ70 285 0.888FEDERAL FARM CREDIT BANK30665 1,000,000.00 999,300.00 09/01/20260.87009/01/2021 907,040.00 Aaa3133EM3T7 853 0.581FEDERAL FARM CREDIT BANK30672 1,000,000.00 999,746.03 03/21/20250.56009/21/2021 959,050.00 Aaa3133EM5V0 324 0.716FEDERAL FARM CREDIT BANK30681 1,000,000.00 999,551.39 10/21/20240.63010/21/2021 977,330.00 Aaa3133ENBM1 173 1.312FEDERAL FARM CREDIT BANK30682 1,000,000.00 1,000,000.00 11/03/20261.33011/03/2021 913,150.00 Aaa3133ENDC1 916 1.152FEDERAL FARM CREDIT BANK30683 1,000,000.00 994,480.43 06/15/20260.90011/04/2021 914,620.00 Aaa3133EMH21 775 1.189FEDERAL FARM CREDIT BANK30689 1,000,000.00 993,717.81 06/15/20260.90011/22/2021 914,620.00 Aaa3133EMH21 775 1.519FEDERAL FARM CREDIT BANK30691 1,000,000.00 1,000,000.00 11/30/20261.54011/30/2021 913,810.00 Aaa3133ENFN5 943 1.302FEDERAL FARM CREDIT BANK30692 1,000,000.00 1,000,000.00 06/01/20261.32012/01/2021 926,220.00 Aaa3133ENGC8 761 1.371FEDERAL FARM CREDIT BANK30699 1,000,000.00 1,000,000.00 06/22/20261.39012/22/2021 923,770.00 Aaa3133ENHV5 782 1.272FEDERAL FARM CREDIT BANK30700 1,000,000.00 1,000,000.00 12/22/20261.29012/22/2021 905,800.00 Aaa3133ENJC5 965 Portfolio CITY AP Run Date: 06/04/2024 - 14:25 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11       Packet Page. 506 YTM 360 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value April 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 1.450FEDERAL FARM CREDIT BANK30703 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 912,480.00 Aaa3133ENKG4 985 0.542FEDERAL HOME LOAN BANK30606 2,000,000.00 2,000,000.00 02/26/20260.62502/26/2021 1,849,800.00 Aaa3130AL6L3 666 0.690FEDERAL HOME LOAN BANK30610 1,000,000.00 1,000,000.00 06/24/20250.70003/24/2021 951,630.00 Aaa3130ALLA0 419 0.592FEDERAL HOME LOAN BANK30614 1,000,000.00 1,000,000.00 11/29/20240.60003/29/2021 973,810.00 Aaa3130ALRM8 212 0.654FEDERAL HOME LOAN BANK30617 1,000,000.00 999,889.59 03/17/20250.65003/26/2021 960,230.00 Aaa3130ALLP7 320 1.016FEDERAL HOME LOAN BANK30620 1,000,000.00 1,000,000.00 03/30/20261.03003/30/2021 924,840.00 Aaa3130ALV68 698 0.740FEDERAL HOME LOAN BANK30623 1,000,000.00 1,000,000.00 04/28/20250.75004/28/2021 956,390.00 Aaa3130AM4D1 362 0.799FEDERAL HOME LOAN BANK30632 1,000,000.00 1,000,000.00 11/26/20250.81005/26/2021 933,790.00 Aaa3130AMLJ9 574 0.542FEDERAL HOME LOAN BANK30633 1,000,000.00 1,000,000.00 11/26/20240.55005/26/2021 973,910.00 Aaa3130AMK92 209 0.370FEDERAL HOME LOAN BANK30636 1,000,000.00 1,000,000.00 06/03/20240.37506/03/2021 995,410.00 Aaa3130AMMM1 33 0.404FEDERAL HOME LOAN BANK30639 1,000,000.00 1,000,000.00 08/01/20240.41006/01/2021 987,800.00 Aaa3130AMHH8 92 0.681FEDERAL HOME LOAN BANK30640 1,000,000.00 1,000,000.00 06/10/20250.69006/10/2021 953,140.00 Aaa3130AMMT6 405 0.370FEDERAL HOME LOAN BANK30641 1,000,000.00 1,000,000.00 06/24/20240.37506/24/2021 992,570.00 Aaa3130AMR38 54 0.789FEDERAL HOME LOAN BANK30643 1,000,000.00 1,000,000.00 09/29/20250.80006/29/2021 940,050.00 Aaa3130AMSY9 516 0.740FEDERAL HOME LOAN BANK30645 1,000,000.00 1,000,000.00 11/28/20250.75006/28/2021 932,680.00 Aaa3130AMTZ5 576 0.838FEDERAL HOME LOAN BANK30653 1,000,000.00 1,000,000.00 03/30/20260.85007/13/2021 921,610.00 Aaa3130AMUD2 698 0.690FEDERAL HOME LOAN BANK30654 1,000,000.00 1,000,000.00 04/29/20250.70007/29/2021 955,790.00 Aaa3130ANBU3 363 0.690FEDERAL HOME LOAN BANK30658 1,000,000.00 1,000,000.00 02/26/20260.70008/26/2021 924,210.00 Aaa3130ANJ35 666 0.986FEDERAL HOME LOAN BANK30659 1,000,000.00 1,000,000.00 08/27/20261.00008/27/2021 908,990.00 Aaa3130ANKG4 848 0.740FEDERAL HOME LOAN BANK30662 1,000,000.00 1,000,000.00 09/25/20250.75008/25/2021 939,930.00 Aaa3130ANQJ2 512 0.521FEDERAL HOME LOAN BANK30668 1,000,000.00 999,929.67 02/25/20250.52009/01/2021 962,050.00 Aaa3130ANJU5 300 0.725FEDERAL HOME LOAN BANK30669 1,000,000.00 996,881.34 01/20/20260.55009/10/2021 923,280.00 Aaa3130AKN85 629 0.493FEDERAL HOME LOAN BANK30671 1,000,000.00 1,000,000.00 09/30/20240.50009/30/2021 979,600.00 Aaa3130AP4R3 152 0.814FEDERAL HOME LOAN BANK30673 1,000,000.00 1,000,000.00 12/30/20250.82509/30/2021 930,050.00 Aaa3130AP4S1 608 0.986FEDERAL HOME LOAN BANK30674 1,000,000.00 1,000,000.00 09/30/20261.00009/30/2021 905,660.00 Aaa3130AP6D2 882 1.110FEDERAL HOME LOAN BANK30675 1,000,000.00 1,000,000.00 09/29/20261.12509/29/2021 908,550.00 Aaa3130APCH6 881 1.110FEDERAL HOME LOAN BANK30676 1,000,000.00 1,000,000.00 10/28/20261.25010/28/2021 911,760.00 Aaa3130APHA6 910 1.184FEDERAL HOME LOAN BANK30678 1,000,000.00 1,000,000.00 10/26/20261.20010/26/2021 907,620.00 Aaa3130APHT5 908 1.134FEDERAL HOME LOAN BANK30679 1,000,000.00 1,000,000.00 10/28/20261.15010/28/2021 906,270.00 Aaa3130APGP4 910 0.710FEDERAL HOME LOAN BANK30684 1,000,000.00 999,707.21 10/28/20240.66011/08/2021 977,570.00 Aaa3130APJ22 180 1.479FEDERAL HOME LOAN BANK30685 1,000,000.00 1,000,000.00 11/25/20261.50011/30/2021 912,030.00 Aaa3130APWE1 938 0.986FEDERAL HOME LOAN BANK30686 1,000,000.00 1,000,000.00 05/22/20251.00011/22/2021 958,380.00 Aaa3130APVB8 386 1.134FEDERAL HOME LOAN BANK30688 1,000,000.00 1,000,000.00 05/23/20251.15011/23/2021 959,800.00 Aaa3130APXP5 387 1.627FEDERAL HOME LOAN BANK30694 1,000,000.00 1,000,000.00 12/30/20261.65012/30/2021 910,390.00 Aaa3130AQBE2 973 1.085FEDERAL HOME LOAN BANK30695 1,000,000.00 1,000,000.00 09/30/20241.10012/30/2021 982,490.00 Aaa3130AQBH5 152 1.381FEDERAL HOME LOAN BANK30701 1,000,000.00 1,000,000.00 12/30/20261.40012/30/2021 904,230.00 Aaa3130AQET6 973 Portfolio CITY AP Run Date: 06/04/2024 - 14:25 PM (PRF_PM2) 7.3.11       Packet Page. 507 YTM 360 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value April 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 0.641FEDERAL HOME LOAN MORTGAGE CRP30581 1,000,000.00 1,000,000.00 06/30/20250.65006/30/2020 948,540.00 Aaa3134GVT99 425 0.444FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.00 1,000,000.00 07/22/20240.45007/22/2020 988,420.00 Aaa3134GWCB0 82 0.404FEDERAL HOME LOAN MORTGAGE CRP30594 1,000,000.00 1,000,000.00 05/13/20240.41008/13/2020 998,340.00 Aaa3134GWHR0 12 0.839FEDERAL HOME LOAN MORTGAGE CRP30615 1,000,000.00 997,575.19 12/23/20250.70003/24/2021 930,050.00 Aaa3134GXHD9 601 0.691FEDERAL HOME LOAN MORTGAGE CRP30663 500,000.00 499,487.80 09/15/20250.62508/19/2021 470,160.00 Aaa3134GWB70 502 0.670FARMER MAC30650 1,500,000.00 1,499,570.83 04/28/20250.65006/23/2021 1,436,655.00 Aaa31422BYS3 362 1.105FARMER MAC30690 1,000,000.00 995,425.48 05/19/20250.67511/23/2021 952,890.00 Aaa31422BA26 383 0.888FARMER MAC30693 1,000,000.00 999,235.56 12/06/20240.77012/06/2021 973,510.00 Aaa31422XQV7 219 0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 947,350.00 Aaa3136G4ZF3 447 0.641FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.00 1,000,000.00 08/14/20250.65008/14/2020 943,680.00 Aaa3136G4C43 470 0.533FEDERAL NATIONAL MORTGAGE ASSO30600 1,000,000.00 1,000,000.00 10/27/20250.54010/27/2020 934,210.00 Aaa3136G45C3 544 0.542FEDERAL NATIONAL MORTGAGE ASSO30602 1,000,000.00 1,000,000.00 11/04/20250.55011/04/2020 933,520.00 Aaa3135GA2N0 552 1.177FEDERAL NATIONAL MORTGAGE ASSO30697 1,000,000.00 990,888.39 10/22/20250.56012/15/2021 935,080.00 Aaa3135G06B4 539 69,963,891.3765,992,395.0070,000,000.0069,962,884.13Subtotal and Average 0.827 520 Money Market Funds 0.010WELLS FARGO GOVT MONEY MARKET20002 171,343,564.49 171,343,564.49 0.01007/01/2022 171,343,564.49SYS20002 1 171,343,564.49171,343,564.49171,343,564.49164,841,969.55Subtotal and Average 0.010 1 Corporate Notes 0.466AMAZON.COM INC30627 1,000,000.00 999,993.17 05/12/20240.45005/13/2021 998,430.00 A1023135BW5 11 1.051AMAZON.COM INC30628 1,000,000.00 998,715.98 05/12/20261.00005/13/2021 919,880.00 A1023135BX3 741 0.919AMAZON.COM INC30680 1,000,000.00 998,590.12 06/03/20250.80010/19/2021 953,710.00 A1023135BQ8 398 1.800APPLE INC30561 1,000,000.00 999,913.44 09/11/20241.80001/24/2020 987,040.00 Aa1037833DM9 133 0.810BANK OF AMERICA CORPORATION30603 2,000,000.00 1,998,325.79 12/23/20250.85001/25/2021 1,843,960.00 A206048WK66 601 1.354BANK OF AMERICA CORPORATION30622 1,500,000.00 1,482,088.41 01/26/20260.75004/14/2021 1,382,145.00 A206048WK82 635 0.641BANK OF AMERICA CORPORATION30626 1,500,000.00 1,500,000.00 05/14/20240.65005/14/2021 1,497,120.00 A206048WM23 13 1.233BANK OF AMERICA CORPORATION30637 1,000,000.00 1,000,000.00 05/28/20261.25005/28/2021 909,010.00 A206048WM31 757 0.691CATERPILLAR FINL SERVICE30624 1,000,000.00 1,014,659.46 12/01/20243.25004/26/2021 987,210.00 A214912L6G1 214 0.846CATERPILLAR FINL SERVICE30660 1,625,000.00 1,626,229.07 03/02/20260.90008/09/2021 1,500,525.00 A214913R2K2 670 1.003JOHN DEERE CAPITAL CORP30648 1,000,000.00 1,000,680.89 06/17/20261.05006/17/2021 915,570.00 A224422EVR7 777 1.277JOHN DEERE CAPITAL CORP30677 1,000,000.00 1,000,122.50 10/13/20261.30010/13/2021 909,290.00 A224422EVW6 895 1.361JOHN DEERE CAPITAL CORP30687 1,000,000.00 993,212.78 06/17/20261.05011/17/2021 915,570.00 A224422EVR7 777 1.381GOLDMAN SACHS GROUP INC.30646 1,000,000.00 1,000,000.00 06/16/20261.40006/16/2021 904,890.00 A238150AG82 776 0.690GOLDMAN SACHS GROUP INC.30647 1,000,000.00 1,000,000.00 06/17/20240.70006/17/2021 986,670.00 A238150AGA7 47 Portfolio CITY AP Run Date: 06/04/2024 - 14:25 PM (PRF_PM2) 7.3.11       Packet Page. 508 YTM 360 Page 4 Par Value Book Value Maturity Date Stated RateMarket Value April 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Corporate Notes 1.430GOLDMAN SACHS GROUP INC.30657 1,000,000.00 1,000,000.00 07/30/20261.45007/30/2021 905,770.00 A238150AGW9 820 0.986GOLDMAN SACHS GROUP INC.30666 1,000,000.00 1,000,000.00 08/30/20241.00008/30/2021 981,180.00 A238150AHG3 121 1.036J.P. MORGAN CHASE & CO30582 1,000,000.00 1,000,000.00 06/23/20251.05006/23/2020 937,990.00 A248128GU40 418 0.789J.P. MORGAN CHASE & CO30595 1,000,000.00 1,000,000.00 08/18/20250.80008/18/2020 924,330.00 A248128GV56 474 1.184J.P. MORGAN CHASE & CO30625 2,000,000.00 2,000,000.00 04/30/20261.20004/30/2021 1,835,740.00 A248128G3G3 729 1.134J.P. MORGAN CHASE & CO30661 1,000,000.00 1,000,000.00 08/17/20261.15008/17/2021 881,110.00 A248128G4R8 838 0.796TOYOTA MOTOR CREDIT CORP30607 1,000,000.00 999,899.52 10/16/20250.80002/24/2021 936,800.00 A189236THP3 533 0.623TOYOTA MOTOR CREDIT CORP30651 1,500,000.00 1,499,744.23 06/18/20240.50006/23/2021 1,490,340.00 A189236TJH9 48 1.086UNITEDHEALTH GROUP INC30629 1,000,000.00 1,000,973.21 05/15/20261.15005/20/2021 920,370.00 A391324PEC2 744 0.969WAL-MART STORES NOTE30670 1,000,000.00 1,001,569.33 09/17/20261.05009/17/2021 911,410.00 Aa2931142ER0 869 29,114,717.9027,336,060.0029,125,000.0029,115,054.78Subtotal and Average 1.009 519 Supranationals 0.434INTL BK RECON & DEVELOPMENT30609 1,500,000.00 1,512,487.30 01/15/20251.62502/26/2021 1,460,880.00 Aaa459058HT3 259 0.555INTL BK RECON & DEVELOPMENT30635 1,000,000.00 1,000,597.07 04/22/20250.62505/27/2021 955,580.00 Aaa459058JB0 356 0.829INTL BK RECON & DEVELOPMENT30667 1,000,000.00 996,695.10 02/10/20260.65008/31/2021 922,130.00 Aaa459058JS3 650 0.642INTL FINANCE CORP30631 1,000,000.00 1,000,000.00 05/15/20260.75005/28/2021 931,160.00 Aaa45950VPY6 744 4,509,779.474,269,750.004,500,000.004,510,428.25Subtotal and Average 0.594 474 349,474,672.30 356,183,327.11 0.307 153350,111,408.34 356,146,715.85Total and Average Portfolio CITY AP Run Date: 06/04/2024 - 14:25 PM (PRF_PM2) 7.3.11       Packet Page. 509 YTM 360 Page 5 Par Value Book Value Stated RateMarket Value April 30, 2024 Portfolio Details - Cash Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Passbook/Checking Accounts 0.000WELLS FARGO BANK10002 656,352.00 656,352.0007/01/2022 656,352.00SYS10002 1 0.00 349,474,672.30 356,839,679.11 0.307 153 1 696,355.44 40,003.44 696,355.44 40,003.44 Subtotal Accrued Interest at PurchaseAverage Balance 350,807,763.78 356,843,071.29Total Cash and Investments Portfolio CITY AP Run Date: 06/04/2024 - 14:25 PM (PRF_PM2) 7.3.11       Packet Page. 510 Page 1 Stated Rate Transaction Date April 1, 2024 through April 30, 2024 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals State Local Agency Investment Fund (Monthly Summary) LOCAL AGENCY INVESTMENT FUND10001 413,546.840.203 0.00SYS LOCAL AGENCY INVESTMENT FUND10003 434,530.600.203 0.00SYS10003 0.00 80,220,762.62Subtotal848,077.44 Certificates of Deposit COMENITY CAPITAL BANK80052 0.002.750 04/15/2024 249,000.0020033AU61 249,000.00 994,000.00Subtotal0.00 Managed Pool Accounts (Monthly Summary) 0.00Subtotal Federal Agency Issues - Coupon 69,963,891.37Subtotal Money Market Funds (Monthly Summary) WELLS FARGO GOVT MONEY MARKET20002 18,472,911.860.010 11,747,123.99SYS20002 11,747,123.99 171,343,564.49Subtotal18,472,911.86 Passbook/Checking Accounts (Monthly Summary) WELLS FARGO BANK10002 36,683,900.13 36,030,089.13SYS10002 36,030,089.13 0.00Subtotal36,683,900.13 Corporate Notes 29,114,717.90Subtotal Supranationals 4,509,779.47Subtotal 356,146,715.85Total48,026,213.1256,004,889.43 Portfolio CITY AP Run Date: 06/04/2024 - 14:25 PM (PRF_PM3) 7.3.11 Report Ver. 7.3.11       Packet Page. 511 Page 1 April 2023 through April 2024 Activity Summary Month Portfolio Management End Year Number of Securities Total Invested 360 Equivalent 365 Equivalent Managed Pool Rate Average Term Average Days to Maturity CITY OF SAN BERNARDINO Number of Investments Purchased Number of Investments Redeemed Yield to Maturity 330,318,187.39April2023122 542 2880.371 0.376 0.203 0 0 354,101,086.74May2023122 502 2580.342 0.347 0.203 0 1 353,263,726.34June2023121 503 2490.343 0.347 0.203 0 0 324,159,293.07July2023121 549 2600.373 0.378 0.203 0 0 326,234,899.82August2023121 531 2480.357 0.362 0.203 0 3 321,937,855.76September2023118 538 2400.362 0.367 0.203 0 0 323,041,925.84October2023118 533 2290.360 0.365 0.203 0 1 320,178,429.38November2023117 534 2200.362 0.368 0.203 0 1 327,063,582.50December2023116 516 2050.348 0.353 0.203 0 3 342,446,651.22January2024113 489 1860.327 0.331 0.203 0 2 342,540,656.88February2024111 487 1770.324 0.329 0.203 0 1 348,821,805.89March2024110 472 1650.315 0.320 0.203 0 3 356,146,715.85April2024107 461 1530.307 0.312 0.203 0 1 Average 336,173,447.44 0.346%0.350%0.203 0 1 512 221117 Portfolio CITY AP Run Date: 06/04/2024 - 14:25 PM (PRF_PM4) 7.3.11 Report Ver. 7.3.11       Packet Page. 512 Page 1 April 30, 2024 Interest Earnings Summary Month EndingApril 30 Fiscal Year To Date Portfolio Management CITY OF SAN BERNARDINO CD/Coupon/Discount Investments: 87,500.78Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 349,976.02 ( 359,216.25) 788,275.41 387,053.20 ( 345,277.88) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 78,260.55 44.65 0.00 830,050.73 -73.84 193.40 78,305.20 830,170.29 Pass Through Securities: 0.00Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 0.00 ( 0.00) 0.00 0.00 ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: 1,550,749.54Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period -126,365.23 ( 1,409,696.56) 9,588,559.56 -126,365.23 ( 1,670,835.84) Interest Earned during Period 14,687.75 7,791,358.49 Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period 92,948.30 44.65 0.00 8,621,409.22 -73.84 193.40 92,992.95 8,621,528.78 Portfolio CITY AP Run Date: 06/04/2024 - 14:25 PM (PRF_PM6) 7.3.11 Report Ver. 7.3.11       Packet Page. 513       Packet Page. 514       Packet Page. 515       Packet Page. 516 CITY OF SAN BERNARDINO Investment Policy Fiscal Year 2023-24 Adopted August 2, 2023 Barbara Whitehorn Agency Director of Administrative Services C. Jeannie Fortune Deputy Director of Finance 3DFNHW 3J 137       Packet Page. 517 Exhibit A - 2 - I. PURPOSE To establish guidelines for the prudent investment of public funds in a manner that will protect City funds, meet daily cash flow expenditures, and comply with all federal, state, and local laws and ordinances governing the investment of public funds. II. POLICY & ADOPTION t shall be the policy of the City of San Bernardino to annually review and adopt an Investment Policy by resolution of the City Council. This Policy applies to all financial assets and funds held by the City of San Bernardino and the Successor Agency to the San Bernardino Redevelopment Agency. The funds covered by this policy include: *General Fund *Special Revenue Funds *Capital Project Funds *Proprietary Funds *Other funds that may be created Any modifications to the Policy must be approved by the City Council. III. PROCEDURES The Director of Finance shall annually review the City’s Investment Policy, and incorporate any changes in state law, recommendations from the City’s Investment Advisor, recommendations from the various national and state organizations of municipal finance officers, or other changes recommended by City staff. The revised Investment Policy shall be presented to the Finance Committee and the City Council for review and approval. (A) Responsibilities No person may engage in investment activities except as provided under the terms of this Policy and the procedures established by the Director of Finance. 1. Responsibilities of the City Council The City Council shall annually consider and adopt a written Investment Policy. As provided in this Policy, the Council shall receive monthly Investment Reports.       Packet Pg. 138       Packet Page. 518 Exhibit A - 3 - 2. Responsibilities of the Director of Finance The Director of Finance is appointed by and serves at the pleasure of the City Manager and is subject to his/her direction and supervision. The Director of Finance is charged with responsibility for the conduct of all Finance Department operations. The City Charter places the “City Treasurer” responsibilities amongst the duties of the Director of Finance. That individual is charged with responsibility for carrying out all investment actions. He/she may delegate the day-to-day investment activities to their designee(s) but not the responsibility for the overall investment program. If authorized by the City Council, the Director of Finance may also utilize the services of an external investment advisor to assist with the investment program. The Director of Finance, through supporting staff members, is responsible to manage all public funds and securities belonging to or under the control of the City and the Successor Agency, including the deposit and investment of those funds in accordance with principles of sound treasury management and applicable laws and ordinances. Appropriate internal controls designed to ensure that assets of the City are protected from loss, theft, or misuse, including but not limited to separation of duties and multiple approvers for transactions, shall be maintained at all times in order to safeguard the City’s assets. 3. Responsibilities of the City’s Investment Advisor (if applicable) The City may engage in the services of outside professionals for evaluation and advice regarding the City’s investment program. An authorized Investment Advisor may provide investment management services, which may also include facilitating trade executions under the direction of the Director of Finance or designee. Any Investment Advisor shall be registered by the Securities and Exchange Commission and licensed to do business in the State of California. An authorized Investment Advisor shall invest the City’s funds in investments that are in compliance with this policy and provide accurate and timely reports of its investment activities to City staff. The Investment Advisor shall never take possession of the City’s funds or assets.       Packet Pg. 139       Packet Page. 519 Exhibit A - 4 - 4. Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, fraud or misuse. The City’s external independent auditing firm shall perform an annual analysis and review of internal controls, account activity and compliance with policies and procedures. (B) Prudent Investor Rule The standard of prudence to be used by the Director of Finance shall be the “prudent investor” standard. This shall be applied in the context of managing an overall portfolio. The “Prudent Investor Rule” provides, pursuant to California Government Code Section 53600.3, that investments shall be made with judgment and care—under circumstances then prevailing—which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The Director of Finance and any designee of the Director of Finance, as investment officers acting in accordance with written procedures and the investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments. (C) Ethics and Conflicts of Interest In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impairs their ability to make impartial investment decisions. Employees and investment officers are required to annually file applicable financial disclosures as required for “public officials who manage public investments” by the Fair Political Practices Commission (FPPC) and are subject to California law relative to conflicts of interest.       Packet Pg. 140       Packet Page. 520 Exhibit A - 5 - (D) Level of Investment The City strives to maintain the level of investment of all investable cash as near to 100 percent as possible through current and projected cash flow management. The Director of Finance shall maintain a system to monitor and forecast revenues and expenditures so that City funds can be invested to the fullest extent possible while providing sufficient liquidity to meet the City’s reasonably anticipated cash flow requirements. Maturities of investments will be selected to provide necessary liquidity, manage interest rate risk, and optimize earnings. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds. (E) Investment Objectives The City seeks safety and liquidity in all of its investments followed by yield. Safety, liquidity, and yield are defined as follows: 1.Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 2. Liquidity. The investment portfolio shall remain sufficiently liquid to meet operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. 3. Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. (F) Allowable Investments The investments listed in this Policy are authorized investments pursuant to Sections 53601 and 53635 of the California Government Code and are authorized investments for the City subject, however, to the restrictions set forth in Section “K” of this Investment Policy. In the event that an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence.       Packet Pg. 141       Packet Page. 521 Exhibit A - 6 - (G) Collateralization If collateral is required for a particular investment type, it will be provided in compliance with California Government Code requirements. (H) Investment Pools/Mutual Funds Prior to investing in any pooled investment program (e.g., LAIF, money market funds), the Director of Finance will review the program’s documentation (e.g., investment policy, policies for participation, fees) to determine the appropriateness of the pool for City funds. Whenever the City has funds invested in a pooled investment program, the Director of Finance should periodically review the pool’s investment holdings. The review shall, at a minimum, obtain the following information: •A description of eligible investment securities, and a written statement of investment policy and objectives. •A description of interest calculations and how it is distributed, and how gains and losses are treated. •A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. •A description of who may invest in the program, how often, and what size of deposits and withdrawals are allowed. •A schedule for receiving statements and portfolio listings. •A description of how the pool/fund utilizes reserves, retained earnings, etc. •A fee schedule, including when and how fees are assessed. •The eligibility of the pool/fund to invest in bond proceeds and special district funds, and a description of its practices (I) Diversification The City shall diversify the investments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions, or maturities. To promote diversification, no more than 5% of the portfolio may be invested in the securities of any one issuer, regardless of security type; excluding U.S. Treasuries, federal agencies, supranationals, and pooled investments such as LAIF, money market funds, or local government investment pools.       Packet Pg. 142       Packet Page. 522 Exhibit A - 7 - (J) Maximum Maturities For those investment types for which this Policy does not specify a maturity limit, no individual investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. The weighted average duration of the investment portfolio shall not exceed 3.0 years. (K) Authorized Investments of the City The following types of investments are authorized by this Policy: 1. U.S. Treasury Instruments. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase. 2.State of California’s Local Agency Investment Fund (LAIF). A State of California-managed investment pool. The maximum amount invested in this category may not exceed the limit set by LAIF for operating accounts. For 2023 that deposit limit is $75 million. 3.Local Government Investment Pools (“LGIP”). Shares of beneficial interest issued by joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in Government Code (e.g. Cal Trust). The City will limit investments to LGIPs that seek to maintain a stable net asset value. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. 4.Municipal Bonds. Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.       Packet Pg. 143       Packet Page. 523 Exhibit A - 8 - Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. Purchases are limited to securities rated in a rating category of “A” (long- term) or “A-1” (short-term) or their equivalents or better by a Nationally Recognized Statistical Rating Organization (NRSRO). A maximum of 30% the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase. 5.Federal Agency Securities. Federal agency or United States government- sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase. 6.Negotiable Certificates of Deposit. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Securities in this category shall be limited to the maximum amount covered by federal deposit insurance currently set at $250,000. A maximum of 30% of the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase. 7.Commercial Paper. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2): (1) The entity meets the following criteria: (A) Is organized and operating in the United States as a general corporation; (B) Has total assets in excess of five hundred million dollars ($500,000,000), and (C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or better by an NRSRO. (2) The entity meets the following criteria: (A) Is organized within the United States as a special purpose corporation, trust, or limited liability company, (B) Has program-wide credit enhancements       Packet Pg. 144       Packet Page. 524 Exhibit A - 9 - including, but not limited to, overcollateralization, letters of credit, or a surety bond, and (C) Has commercial paper that is rated “A-1” or better, or the equivalent, by an NRSRO. Purchases are limited to securities that have a maximum maturity of 270 days. A maximum of 25% the City’s portfolio may be invested in this category with a maximum of 5% per issuer. 8. Corporate or Medium-Term Notes. Corporate or medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated in a rating category of “A” or its equivalent or better by an NRSRO. A maximum of 30% the City’s portfolio may be invested in this category with a maximum of 5% per issuer. 9. Money Market Funds (“MMF”). Purchases are restricted to Government Money Market Funds. Furthermore, these Money Market Funds must have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs, or (B) Retained an investment advisor with not less than five years’ experience and registered or exempt from registration with the SEC, with assets under management in excess of five hundred million dollars ($500,000,000). A maximum of 20% of the City’s portfolio may be invested in this category. 10. Supranational Obligations. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by a NRSRO. A maximum of 10% the City’s portfolio may be invested in this category with a maximum of 5% per issuer. State law limits the percentage to 30% of the portfolio. 11.Bankers Acceptances. Bankers’ acceptances are short-term debt instruments issued by a company that is guaranteed by a commercial bank.       Packet Pg. 145       Packet Page. 525 Exhibit A - 10 - Bankers Acceptances are limited to institutions with short-term debt obligations of A-1 or higher and have long term debt obligations rated “A” or higher, or the equivalent by a NRSRO. The maturity shall not exceed 180 days and no more than 30 percent of the total portfolio may be invested in banker’s acceptances and no more than 5% per issuer. City of San Bernardino Authorized Investment Policy Table Investment Type Maximum Term Maximum % of Portfolio Maximum per Issuer Minimum Rating US Treasury Obligations 5 Years NONE NONE NONE Local Agency Investment Fund (LAIF)N/A The City may invest up to the maximum amount permitted by California state law. N/A NONE Joint Powers/Local Government Investment Pool N/A NONE N/A NONE Municipal Debt 5 Years 30%A1, A Federal Agency Obligations 5 Years NONE NONE NONE Certificate of Deposits 5 Years 30%NONE Securities in this category shall be limited to the maximum amount covered by federal deposit insurance. Commercial Paper 270 Days 25%5%A1/P1, A Medium Term/Corporate Notes 5 Years 30%5%A Money Market Mutual Funds N/A 20%NONE AAA Supranational Obligations (IBRD, IFC, IDB) 5 Years 10%5%M Banker’s Acceptances 180 Days 30%5%A1, A       Packet Pg. 146       Packet Page. 526 Exhibit A - 11 - (L) Prohibited Investments Furthermore, the City will not invest in inverse floaters, range notes, mortgage- derived, interest-only strips, or any security that could result in zero interest accrual if held to maturity. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will 100% of market value for Certificate of Deposits and 102% for reverse purchase agreements or principal and accrued interest. Collateral will always be held by an independent third party with whom the entity has a current custodial relationship (M) Performance Standards The investment portfolio shall be managed with the objective of obtaining a market-average rate of return during budgetary and economic cycles, considering the City’s investment risk constraints and the cash flow needs. Investment return is a consideration only after the core investment portfolio tenets of safety and liquidity have been met. The Director of Finance will adopt a benchmark which best approximates the composition and weighted average maturity of the City’s portfolio. The City will monitor the City’s portfolio yield against the US Treasury Constant Maturity and the performance yield presented by LAIF. However, the benchmark will be used only as a reference tool and does not infer that the portfolio will be managed in an attempt to attain or exceed the stated benchmark. Benchmarks may change over time based on changes in market conditions or cash flow requirements. The selected performance benchmarks shall be representative of the City’s overall investment objectives and liquidity requirements. (N) Investment Reporting The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month. The Director of Finance shall submit to the City Council on a quarterly basis a report summarizing the status of the current investment portfolio and the individual transactions executed over the last quarter. The report shall be prepared in a manner which shall allow the City Council to ascertain whether investment activities during the reporting period have conformed to the Investment Policy.       Packet Pg. 147       Packet Page. 527 Exhibit A - 12 - The report will include the following elements: •Type of investment •Institution/Issuer •Purchase Date •Date of maturity •Amount of deposit or cost of the investment •Face value of the investment •Current market value of securities and source of valuation •Rate of interest •Interest earnings •Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance •Statement on availability of funds to meet the next six month’s obligations •Percentage of Portfolio by Investment Type •Days to Maturity for all Investments •Comparative report on Monthly Investment Balances & Interest Yields •Monthly transactions (O) Portfolio Review The Director of Finance shall continually monitor portfolio performance to ensure that the securities in the portfolio are in compliance with this Policy. The Director of Finance shall report any issues of material non-compliance in the next monthly Investment Report. Percentage holding limits and diversification requirements listed in this Policy apply at the time a security is purchased. If a percentage holding limit or diversification requirement is exceeded due to a subsequent change in the portfolio, it is not a compliance violation, but no additional securities may be purchased in that category or for that issuer until the holdings are back under the Policy limits. Credit ratings, where shown, specify the minimum credit rating category required at purchase. In the event a security held by the City is subject to a credit rating change that brings it below the minimum credit ratings specified in this Policy, the Director of Finance will notify the City Council of the change in the next monthly Investment Report. The course of action to be followed will then be decided on a case-by-case basis, considering such factors as the reason for the change, prognosis for recovery or further rating downgrades, and the market price of the security. If a security is determined to be out of compliance with this Policy due to a subsequent change in this Policy or the Government Code, it may be held to maturity unless there is a requirement that the security be sold.       Packet Pg. 148       Packet Page. 528 Exhibit A - 13 - (P) Debt Proceeds Debt proceeds and bond reserve funds are to be invested in accordance with their respective bond indenture. If the indenture is silent as to the permitted investments, the bond proceeds will be invested in the securities permitted by this Policy. Notwithstanding the other provisions of this Policy, the percentage limitations listed elsewhere in this Policy do not apply to bond proceeds and bond proceeds may be invested beyond five years if the maturities of such investments do not exceed the expected use of the funds, the investments are deemed prudent in the opinion of the Director of Finance, and the investments are not prohibited by the applicable bond documents. Tax and Revenue Anticipation Notes or other temporary financing proceeds shall not be invested for a term that exceeds the term of the debt. (Q) Safekeeping To protect against potential losses by collapse of individual securities dealers, all deliverable securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All deliverable securities will be received and delivered using standard delivery-versus-payment procedures. (R) Qualified Financial Institutions and Broker/Dealers The Director of Finance shall maintain a list of approved financial institutions authorized to provide investment related services to the City. In addition, the City shall maintain a list of approved security broker/dealers selected by conducting a process of due diligence. These may include ‘primary’ dealers or regional dealers that qualify under Securities and Exchange Commission (“SEC”) Rule 15C3-1 (uniform net capital rule). A copy of this Investment Policy shall be sent annually to all firms with which the City executes investments. Additionally, all financial institutions and broker/dealers who desire to become qualified bidders of investment transactions must provide the Director of Finance with the following: •Audited Financial Statements •Proof of State Registration •Copy of most recently filed Financial Industry Regulated Authority (FINRA) documentation •Certification of having read the Investment Policy and depository contracts of the City of San Bernardino       Packet Pg. 149       Packet Page. 529 Exhibit A - 14 - The Director of Finance will review the existing list of either qualified broker/dealers or qualified bidders for investment transactions on an annual basis. At the discretion of the Director of Finance, and with the due diligence noted above, add or delete either broker/dealers or qualified bidders. (S) Continuing Education and Training To ensure the highest level of professional standards for the execution of the investment program, investment staff responsible for the day-to-day management of the portfolio are encouraged to engage in continuing education in the areas of cash and investment management.       Packet Pg. 150       Packet Page. 530 Exhibit A - 15 - GLOSSARY AGENCIES: Federal agency securities. BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high grade negotiable instrument. BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. BROKER: A broker brings buyers and sellers together for a commission. He/she does not take a position. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation (including limited liability companies) to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc. COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling for his/her own account. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an       Packet Pg. 151       Packet Page. 531 Exhibit A - 16 - exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g. S&L’s, Small business firms, students, farmers, farm cooperatives, and exporters). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and a reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity or with respect to specific securities or money market instruments and express their opinion in the form of a letter rating. A credit rating agency may apply to the SEC for registration as a nationally recognized statistical rating organization (“NRSRO”). The primary rating agencies are Standard & Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc.       Packet Pg. 152       Packet Page. 532 Exhibit A - 17 - NEGOTIABLE CERTIFICATES OF DEPOSIT: Generally, short-term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a·secondary market and are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured by FDIC up to $250,000, but they are not collateralized beyond that amount. NON-NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs that carry a penalty if redeemed prior to maturity. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250,000, including principal and interest. Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms. PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state—the so-called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return. SAFEKEEPING: The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 150-1: See “Uniform Net Capital Rule”.       Packet Pg. 153       Packet Page. 533 Exhibit A - 18 - SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter- American Development Bank (IDB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys that may be invested pursuant to this section. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of from one year to ten years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.       Packet Pg. 154       Packet Page. 534 2 0 7 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager C. Jeannie Fortune, Interim Director of Finance & Management Services Department:Finance Subject:Approval of Commercial 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 May 2024. Executive Summary This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: https://sbcity.org/city_hall/finance/warrant_register       Packet Page. 535 2 0 7 8 Discussion 2021-2025 Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for May 2024. Attachments Attachment 1 Payroll Summary Report for May 2024 Attachment 2 Commercial checks & Payroll Register #54 Attachment 3 Commercial checks & Payroll Register #55 Attachment 4 Commercial checks & Payroll Register #56 Attachment 5 Commercial checks & Payroll Register #57 Attachment 6 Commercial checks & Payroll Register #58 Attachment 7 Commercial checks & Payroll Register #59 Attachment 8 Commercial EFT Registers #1625-1634 Attachment 9 Commercial EFT Registers #1635-1640 Gross Payroll Bi-Weekly for May 9, 2024 $3,162,325.73 Bi-Weekly for May 23, 2024 $3,200,627.52 Monthly for May 15, 2024 $26,950.00 Total Payroll Demands: $6,389,903.25 The following check registers are being presented for approval: May 2, 2024 2023/24 (Regi ster #54)$1,005,743.56 May 9, 2024 2023/24 (Regi ster #55)$1,917,718.87 May 16, 2024 2023/24 (Regi ster #56)$1,795,048.05 May 23, 2024 2023/24 (Regi ster #57)$636,267.13 May 30, 2024 2023/24 (Regi ster #58)$1,713,751.25 May 30, 2024 2023/24 (Regi ster #59)$14,744.28 Total commercial check demands:$7,083,273.14 The following Electroni c Funds Transfer (EFT) regi sters presented for approval: April 3, 2024-April 25, 2024 2023/24 (Regi ster #1625-1634)$2,428,404.23 May 1, 2024-May 9, 2024 2023/24 (Regi ster #1635-1640)$1,760,885.12 Total commercial EFT demands:$4,189,289.35       Packet Page. 536 2 0 7 8 Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Page. 537       Packet Page. 538       Packet Page. 539       Packet Page. 540       Packet Page. 541       Packet Page. 542       Packet Page. 543       Packet Page. 544       Packet Page. 545       Packet Page. 546       Packet Page. 547       Packet Page. 548       Packet Page. 549       Packet Page. 550       Packet Page. 551       Packet Page. 552       Packet Page. 553       Packet Page. 554       Packet Page. 555       Packet Page. 556       Packet Page. 557       Packet Page. 558       Packet Page. 559       Packet Page. 560       Packet Page. 561       Packet Page. 562       Packet Page. 563       Packet Page. 564       Packet Page. 565       Packet Page. 566       Packet Page. 567       Packet Page. 568       Packet Page. 569       Packet Page. 570       Packet Page. 571       Packet Page. 572       Packet Page. 573       Packet Page. 574       Packet Page. 575       Packet Page. 576       Packet Page. 577       Packet Page. 578       Packet Page. 579       Packet Page. 580       Packet Page. 581       Packet Page. 582       Packet Page. 583       Packet Page. 584       Packet Page. 585       Packet Page. 586       Packet Page. 587       Packet Page. 588       Packet Page. 589       Packet Page. 590       Packet Page. 591       Packet Page. 592       Packet Page. 593       Packet Page. 594       Packet Page. 595       Packet Page. 596       Packet Page. 597       Packet Page. 598       Packet Page. 599       Packet Page. 600       Packet Page. 601       Packet Page. 602       Packet Page. 603       Packet Page. 604       Packet Page. 605       Packet Page. 606       Packet Page. 607       Packet Page. 608       Packet Page. 609       Packet Page. 610       Packet Page. 611       Packet Page. 612       Packet Page. 613       Packet Page. 614       Packet Page. 615       Packet Page. 616       Packet Page. 617       Packet Page. 618       Packet Page. 619       Packet Page. 620       Packet Page. 621       Packet Page. 622       Packet Page. 623       Packet Page. 624       Packet Page. 625       Packet Page. 626       Packet Page. 627       Packet Page. 628       Packet Page. 629       Packet Page. 630       Packet Page. 631       Packet Page. 632       Packet Page. 633       Packet Page. 634       Packet Page. 635       Packet Page. 636       Packet Page. 637       Packet Page. 638       Packet Page. 639       Packet Page. 640       Packet Page. 641       Packet Page. 642       Packet Page. 643       Packet Page. 644       Packet Page. 645       Packet Page. 646       Packet Page. 647       Packet Page. 648 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Andrea Russell, Director of Human Resources & Risk Management Department:Human Resources & Risk Management Subject:Professional Services Agreements for Workers' Compensation Legal Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute professional services agreements with the Hanna, Brophy, MacLean, McAleer & Jensen, Black & Rose and Goldman, Magdalin & Straatsma for Workers' Compensation Legal Services. Executive Summary Staff prepared a Request for Proposal (RFP) for workers’ compensation legal services which garnered four responses. The proposals were evaluated, and Hanna, Brophy, MacLean, McAleer & Jensen (Hanna Brophy), Black & Rose, and Goldman, Magdalin & Straatsma (GMS) were selected as the most qualified respondents. Background On September 5, 2018, the Mayor and City Council authorized the City Manager to execute the reinstated professional services agreement between Goldman, Magdalin and Krikes (GMK), LLP and the City of San Bernardino in the amount of $300,000 for workers’ compensation legal services.  Because the City’s current contract with GMS, formerly GMK, is due to sunset and all contract extensions had been exhausted, Staff released an RFP that garnered four proposals from the respondents listed below. The proposals were evaluated by staff from the Human Resources & Risk Management Department. The quality of services to be provided were considered in determining the most qualified respondent. RFP Respondent Group Score       Packet Page. 649 Hanna, Brophy, MacLean, McAleer & Jensen (Hanna Brophy) 105 Black & Rose 73 Goldman, Magdalin & Straatsma (GMS) 97 Mullen & Filippi 72 Discussion As the City continues to grow and face increasingly complex legal issues in the workers‘ compensation realm, it has become beneficial to utilize a workers’ compensation legal panel as opposed to working with only one firm. A legal panel is a group of law firms who are approved to provide legal services to the City. Using a panel of workers’ compensation law firms can help the City get the best possible service and value for money from external legal counsel. A panel arrangement will ensure that each firm demonstrates their value and purpose. In addition, the perceived competitive nature could lead to faster resolution of claims, decreasing overall costs in legal fees. The proposed agreements with Hanna Brophy, Black & Rose and GMS will support the City by providing strategic workers’ compensation claims handling to reduce exposure and expenses efficiently and effectively. The scope of services will include: •Review and/prepare reports, resolutions, orders, agreements, forms, and documents required for Workers’ Compensation matters. •Research and interpret Workers’ Compensation laws, court decisions and other legal authorities in order to prepare recommendations. •Provide clear and concise legal advice and consultation on an as needed basis as requested and required. •Prepare, review and revise staff documents, including, but not limited to initiation of memorandums concerning legal issues on Workers’ Compensation Claims and recommended negotiated claim settlements. •Attend City Council closed session meetings to present settlement recommendations on claims. •Make appearances at Workers’ Compensation Appeals Board (WCAB). •Provide related Workers’ Compensation training to City staff. •Provide expert knowledge in temporary disability, permanent disability, indemnity and rating, industrial disability/causation, medical consultation, rehabilitation Voucher, Agreed Medical Examiner (AME), Panel Qualified Medical Examiner (PQME) and case settlement. Hanna Brophy With over 80 years of experience, Hanna Brophy specializes in representing employers and insurance carriers throughout California, particularly in the defense of public entities. Having established 15 offices across California, they are well positioned to provide local representation at every Workers' Compensation Appeals       Packet Page. 650 Board and Office of Administrative Hearings venue in the state. Their team of 130 attorneys, who represent approximately 250 governmental entities, insurance companies, self-insured employers, and third-party administrators, possesses extensive experience in managing the defense of public entity claims. Hanna Brophy has a proven track record of success, demonstrated by their expertise in litigating the unique issues associated with claims filed by governmental employees and peace officers. They are litigation specialists and expert trial attorneys who prioritize early settlement negotiations while staying ahead of shifting industry trends. They will offer legal representation to the City of San Bernardino for workers' compensation claims, industrial disability retirement claims (including safety officers), Labor Code §132(a) claims, serious and willful misconduct claims, and disability retirement. In addition, they will provide advisory legal opinions, training, and education on workers' compensation and industrial disability retirement topics. Black & Rose For over 20 years, Black and Rose has been representing employers and carriers at WCABs across the state. In performing its legal services, their attorneys have represented cities, counties, and numerous other public entities. Black and Rose will focus on the reduction of workers‘ compensation claims and the costs associated therewith so as to increase the funds available for the City. The attorneys designated to the City’s litigation team are experts in temporary disability/causation medical consultation, SJDB vouchers, AME’s, PQME’s, and case settlement. The attorneys will conduct discovery which may include depositions of claimants, interviews with witnesses, cross-examination of and consultation with medical experts, permanent disability rating of medical reports, organizing and reviewing video surveillance in connection with a fraud investigation, and making appearances and taking cases and liens to trial on behalf of the City. As a part of the Workers Compensation Legal Services program, the attorneys of Black and Rose will work closely with City contacts and the third-party administrator to control and reduce costs associated with workers’ compensation claims. The attorneys will investigate claims so as to reduce medical treatment costs, minimize the outflow of resources, reduce exposure for future medical costs and permanent disability, and reduce reserves through case closures. GMS Since its founding in 1999, GMS has represented employers, businesses, public entities and insurance companies in California and the United States. The expertise gained by GMS in representing and partnering with their public agency clients have allowed them to identify the best workers’ compensation practices in the public agency sector. GMS has demonstrated effective workers’ compensation legal services by strategizing       Packet Page. 651 cost savings opportunities through claim settlements and comprehensive claim management review techniques. They will provide detailed reviews of each case to devise a strategic plan to fit the claim and organizational goals while reducing the City’s exposure in the most professional, reasonable and expeditious manner with each claim. GMS Staff includes highly skilled, experienced and trained attorneys, including lien resolution specialists, in addition to experts in workers’ compensation law, subrogation, lien resolution, mediation, public entities and disability retirement If approved, all agreements will begin July 1, 2024, through June 30, 2027, with an option for two, one-year extensions thereafter. 2021-2025 Strategic Targets and Goals The proposed professional services agreements align with Goal No. 1: Financial Stability. Each firm will provide Workers’ Compensation legal services to the City which will help minimize risk and litigation exposure. Fiscal Impact There is no fiscal impact to the General Fund. There is sufficient budget in FY24/25 for this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute professional services agreements with the Hanna, Brophy, MacLean, McAleer & Jensen, Black & Rose and Goldman, Magdalin & Straatsma, LLP for Workers' Compensation Legal Services. Attachments Attachment 1 – Exhibit A - Professional Services Agreements - Hanna, Brophy, MacLean, McAleer & Jensen Attachment 2 – Exhibit B - Professional Services Agreements - Black & Rose Attachment 3 – Exhibit C - Professional Services Agreements - Goldman, Magdalin & Straatsma Ward: All Wards Synopsis of Previous Council Actions: On September 8, 2015, the Mayor and City Council adopted Resolution No. 2015-198 authorizing the execution of a professional services agreement between Goldman, Magdalin and Krikes (GMK), LLP, and the City of San Bernardino in the amount of $300,000 for workers’ compensation legal services. On September 5, 2018, the Mayor and City Council authorized the City Manager to       Packet Page. 652 execute the amended and restated professional services agreement between Goldman, Magdalin and Krikes (GMK), LLP and the City of San Bernardino in the amount of $300,000 for workers’ compensation legal services.        Packet Page. 653 EXHIBIT A 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HANNA, BROPHY, MACLEAN, MCALEER AND JENSEN, LLP This Agreement is made and entered into as of July 1, 2024 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 Hanna, Brophy, MacLean, McAleer and Jensen, a Limited Liability Partnership with its principal place of business at 180 Grand Avenue, Suite 720, Oakland, CA 94612 (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: Provide workers’ compensation legal services, utilizing creative and effective litigation strategies to resolve claims in a timely manner with minimal exposure to the City. (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.       Packet Page. 654 EXHIBIT A 2 a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of one hundred thousand ($100,000) annually. 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. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2027, with the option of two (2), one (1) year extensions, unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the       Packet Page. 655 EXHIBIT A 3 City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material       Packet Page. 656 EXHIBIT A 4 respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured 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.       Packet Page. 657 EXHIBIT A 5 b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and 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       Packet Page. 658 EXHIBIT A 6 and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must 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)       Packet Page. 659 EXHIBIT A 7 At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver       Packet Page. 660 EXHIBIT A 8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (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       Packet Page. 661 EXHIBIT A 9 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 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.       Packet Page. 662 EXHIBIT A 10 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 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       Packet Page. 663 EXHIBIT A 11 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 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       Packet Page. 664 EXHIBIT A 12 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 David Thomas as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Andrea Russell, Director of Human Resources & Risk Management With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Hanna, Brophy, MacLean, McAleer & Jensen, LLP 180 Grand Avenue, Suite 720 Oakland, CA 94612 Attn: David Thomas, Office Managing Partner 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.       Packet Page. 665 EXHIBIT A 13 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 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       Packet Page. 666 EXHIBIT A 14 solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 667 EXHIBIT A 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HANNA, BROPHY, MACLEAN, MCALEER AND JENSEN, LLP IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Rochelle Clayton Acting City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature David Thomas Name Office Managing Partner _____ Title       Packet Page. 668 EXHIBIT A 16 EXHIBIT A SCOPE OF WORK WORKERS’ COMPENSATION LEGAL SERVICES The scope of work includes completion of the services and deliverables listed below. WORKERS’ COMPENSTION LEGAL SERVICES I.PURPOSE The City of San Bernardino’s Human Resources Department ("City'') desires to retain a panel of attorneys who specialize in Workers’ Compensation litigation. II.SPECIFICATIONS A. The City would like to contract with “Best-in-Class” law firms to provide workers’ compensation litigation services. Vendors should demonstrate creative and effective litigation strategies, has expertise in temporary disability/causation medical consultation, rehabilitation/supplemental job displacement benefits voucher (SJDB), Agreed Medical Examiner (AME), Panel Qualified Medical Examiner (PQME), and case settlement. 1. Case Referrals New case referrals will be assigned by the City’s Risk Management Division. Within five (5) business days upon referral of new cases, the Consultant shall send an email to the City’s Risk Management Division and the TPA acknowledging receipt of the file, confirming the designated attorney(s) assigned to the file, and disclosure of any conflicts of interest. The case acknowledgment email represents a non-billable event. If available at the time of a new case referral, City’s Risk Management Division and/or the TPA transmittal shall include: •All Division of Workers’ Compensation notices and filings •Personnel file •Wage statement •Job description or job analysis •Claimant’s occupation, department, and supervisor contact information •Summary of claim and status •Medical reports for the injury •Investigative reports •Claim payment history (medical and indemnity) •Legal notices or filings, including TPA responses •Case file notes •Specific issues requiring defense •Related information from the City’s Risk Management Division regarding issues       Packet Page. 669 EXHIBIT A 17 that may impact strategy 2. Reporting Requirements The retained Consultant(s) shall observe the following guidelines for reporting and communication: •Reports shall be as brief. •Timely and pertinent status reports shall address only new development following a brief history. •Reports shall point out key information contained in any attachments with an explanation of its significance to the case. Voluminous records only need be summarized, unless requested by the City’s Risk Management Division, the TPA or the City’s General Counsel. •Email is the preferred method of communication. • Following the case acknowledgement, reporting requirements shall include: •Initial Report - due within thirty (30) days of case referral Report contents must include: o Analysis - A written analysis of the case which provides the initial evaluation of the case and identifies the strengths and weaknesses of the case. It shall include: a. Summary of the claim. b. Legal opinion of compensability, whether the case should be tried or settled. c. Pertinent statutes and/or case law. d. An estimated settlement range or verdict range. o Investigation - The Consultant(s) shall identify any additional information needed to establish defenses in the action. To the extent possible, this investigation and information gathering shall be done by the TPA. o Strategy – Consultant(s) shall define the strategy to be used in each claim including: a. The anticipated course of action to be taken. b. The factors or elements which must be proved or disproved and the necessary discovery to establish these defenses or proof. c. The timing of discovery, filing of motions, negotiations, or other objectives. d. The tactics to be used in defending the case and the advantages to be gained using these tactics. e. If applicable, counsel will specifically address available defenses under California statutes. •Litigation Budget - due with the Initial Report and with Status Reports o A litigation budget shall be provided with the initial report listing       Packet Page. 670 EXHIBIT A 18 Consultant(s) best estimate for costs associated with those activities outlined in the initial report. •Status Update – due bi-weekly o Consultant(s) shall provide brief status updates to the City’s Risk Management Division bi-weekly to include the most up to date information pertaining to the case. Updates can be provided in written format, via an in-person or virtual meeting. •Status Reports - due every ninety (90) days o Consultant(s) shall provide concise status updates to the TPA and the City’s Risk Management Division whenever events change any fact, judgment or opinion bearing on the case. Status updates should be provided every ninety (90) days, even if there has been no activity. Reports should not repeat previously reported events. Reports shall include: a. Discovery completed, including deposition summaries. b. Current evaluation of the case. c. Current estimate of medical and indemnity exposure. d. Settlement demand and offer, if any. e. Significant discovery planned for the next three months to include recommended use of independent medical examinations, utilization review, and expert medical advisors. f. Suitability of dispositive motions. g. Budget through current stage with explanation of budget deviations. h. Other significant changes. i. Timeline for resolution. •Pre-Settlement Conference/Mediation Report - due twenty-one (21) days in advance o Consultant(s) shall notify the TPA and the City’s Risk Management Division of a settlement conference, mediation or trial as soon as the date is set. Mediations may be attended by the City’s Risk Management Division who must be contacted reasonably in advance of scheduling a settlement conference or mediation to determine availability. o Pre-mediation report to the City’s Risk Management Division and the TPA should include: a. A brief synopsis of the case b. Consultant(s) opinion as to the strengths and weaknesses of the case and associated exposure c. Potential settlement range for the case d. Consultant(s) opinion as to the outcome e. Next steps should the case not settle f. Updated litigation budget •Pre-Hearing Report - due thirty (30) days before hearing       Packet Page. 671 EXHIBIT A 19 o Thirty (30) days prior to a hearing, Consultant(s) shall submit a detailed pre-hearing report to the City’s Risk Management Division and the TPA that should include an analysis of the issues, associated exposure, chances of prevailing, comments regarding jurisdiction and the assigned Judge of Compensation Claims, and possibility of resolving prior to a hearing. If resolution is possible, the Consultant(s) shall confer with the Consultant(s) Risk Management Division and the TPA to determine how the case can be reasonably resolved without unnecessary costs. •Post-Settlement Conference/Mediation/Hearing Report - due five (5) days after o Five (5) days post settlement conference, mediation or hearing, Consultant(s) shall submit a brief written summary or schedule a conference call with the TPA and the City’s Risk Management Division to discuss results and next steps. 3. General Litigation Guidelines •Discovery o The method of discovery utilized shall be that which obtains the information required at the least cost and in the most efficient manner. The Consultant(s) shall not schedule depositions without first giving due consideration to the value of sworn or other recorded testimony in lieu of a deposition. Unless special circumstances exist, deposition transcripts other than that of the applicant shall not be ordered unless or until it is reasonably certain that the case will be tried, or they are needed for dispositive court filings such as motions for summary judgment. Decisions to proceed with discovery shall be made jointly by the Consultant(s), the City’s Risk Management Division and the TPA, considering the purpose, value of information sought, cost of proposed Discovery, and degree of potential for adverse consequences. Direct contact with the Departmental Employees shall be made with consent of and coordination through the City’s Risk Management Division. •Use of Experts o The Consultant(s) must obtain authority and approval from the City’s Risk Management Division of all experts, including those retained to perform independent medical examinations or expert medical advisors, to assist with the defense of the case. Experts shall be retained by the Consultant(s) only after discussion with and approval of the City’s Risk Management Division and the TPA. The discussion shall include the objectives of retaining the expert, the expert’s qualifications and fees, the anticipated benefits, and a determination of the point in time when the expert’s use may be most effective. •Settlements (Global)       Packet Page. 672 EXHIBIT A 20 o In all cases, the Consultant(s) shall provide realistic options including compromise and settlement, and identify which option it believes to be best, comment on the reasonableness of a settlement demand and recommend a response. The Consultant(s) shall obtain authority for, and approval of all settlement offers or advanced payments before they are submitted to claimant’s counsel, the Division of Workers’ Compensation and/or its Appeals Board, or mediator, in accordance with City’s Settlement Guidelines. Settlement demands made by claimant or claimant’s counsel, and any counter offers, shall be communicated to the City’s Risk Management Division and the TPA immediately. The Consultant(s) is not authorized to act independently of any delegation of authority provided through the City’s Risk Management Division. The City’s Risk Management Division may consider settlement negotiations outside of formal mediations or settlement conferences but shall require up to thirty (30) days for the delegation of authority process for approval of settlement evaluations. o Upon case resolution, the Consultant(s) shall submit a brief final summary in an email to the City’s Risk Management Division and the TPA. This communication shall include copies of the signed settlement agreement, general release and resignation, settlement check due date with complete payable to and Tax ID information to include a copy of the claimant’s law firm’s W-9, along with any other documents or information that support resolution of an issue or the case in its entirety. Upon final conclusion and receipt of the settlement check, and approved settlement agreement, the Consultant(s) shall close its file and submit the final billing for each case in the next billing period. •Multi-Forum, Fraudulent, and Overlapping Claims o Coordination and sharing of information from litigated liability claims with the City’s Risk Management Division, the City’s general counsel and workers’ compensation attorneys are expected in cases where there is exposure to potential liability in other legal venues, such as EEOC claims, disability retirement program, workers’ compensation claims (overlapping), disability insurance, Medicare Set Aside, and Structured Settlement companies. The Consultant(s) is expected to work collaboratively with the City’s other defense counsel to develop strategies to resolve liabilities globally. o The Consultant(s) shall cooperate in the investigation of potentially fraudulent claims reported to the California Department of Insurance Fraud Division upon lawful request of this entity and in the recovery of Workers’ Compensation monies. •Appeals, Continuances, Waivers o The Consultant(s) must obtain authority from the City’s Risk Management Division before filing a petition for reconsideration with the       Packet Page. 673 EXHIBIT A 21 Appeals Board or filing a Writ of Review at the Appellate or Supreme Court level. o The Consultant(s) must obtain approval before waiving any rights of the City, such as third-party recovery, causes of action against a third party, restitution, settlement of liens and collateral benefits, such as the City’s health, dental, and leave benefits. Under no circumstances may the Consultant(s) make any agreement regarding retirement benefits. o The Consultant(s) must coordinate requests for continuances or extensions of timelines or deadlines, other than routine discovery, in advance with the City’s Risk Management Division. •Subrogation o The Consultant(s) and the City’s Risk Management Division shall consider the following factors in determining if subrogation shall be utilized and, if so, the strategy to be employed: a. In consultation with the City’s Risk Management Division, an assessment of whether there are other business reasons or relationships which might affect a decision to subrogate; b. What the expected recovery amount is compared to the legal costs to affect such recovery; c. The effect on potential recovery of third-party liability and comparative fault by employee and employer; d. Legal action available to or taken by the injured party; e. The possibility of a statute of limitations defense; and f. The status and potential value of the workers’ compensation case. o Settlement of third-party cases fall within the same authorization guidelines as all other workers’ compensation settlements. Non- workers’ compensation recoverable losses shall be considered, such as sick leave, Family Medical Leave Act (FMLA) salary continuation, property damage, and other insurance.       Packet Page. 674 EXHIBIT A 22       Packet Page. 675 EXHIBIT A 23       Packet Page. 676 EXHIBIT B 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BLACK AND ROSE LLP This Agreement is made and entered into as of July 1, 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Black and Rose, a Limited Liability Partnership with its principal place of business at 18301 Von Karman Avenue, Irvine, CA 92612 (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: Provide workers’ compensation legal services, utilizing creative and effective litigation strategies to resolve claims in a timely manner with minimal exposure to the City. (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       Packet Page. 677 EXHIBIT B 2 in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of one hundred thousand ($100,000) annually. 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. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2027, with the option of two (2), one (1) year extensions, unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.       Packet Page. 678 EXHIBIT B 3 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 requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.       Packet Page. 679 EXHIBIT B 4 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured 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       Packet Page. 680 EXHIBIT B 5 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and 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.       Packet Page. 681 EXHIBIT B 6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation       Packet Page. 682 EXHIBIT B 7 or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.       Packet Page. 683 EXHIBIT B 8 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (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.       Packet Page. 684 EXHIBIT B 9 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (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       Packet Page. 685 EXHIBIT B 10 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 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       Packet Page. 686 EXHIBIT B 11 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 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       Packet Page. 687 EXHIBIT B 12 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 Carl Ilg as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Andrea Russell, Director of Human Resources & Risk Management With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Black and Rose, LLP 8301 Von Karman Avenue, Ste. 300 Irvine, CA 92612 Attn: Carl Ilg, Partner Attorney 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,       Packet Page. 688 EXHIBIT B 13 promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 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       Packet Page. 689 EXHIBIT B 14 this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 690 EXHIBIT B 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND BLACK AND ROSE, LLP IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Rochelle Clayton Acting City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Carl Ilg ___________ Name Partner Attorney ___________ Title       Packet Page. 691 EXHIBIT B 16 EXHIBIT A SCOPE OF WORK WORKERS’ COMPENSATION LEGAL SERVICES The scope of work includes completion of the services and deliverables listed below. WORKERS’ COMPENSTION LEGAL SERVICES I.PURPOSE The City of San Bernardino’s Human Resources Department ("City'') desires to retain a panel of attorneys who specialize in Workers’ Compensation litigation. II.SPECIFICATIONS A. The City would like to contract with “Best-in-Class” law firms to provide workers’ compensation litigation services. Vendors should demonstrate creative and effective litigation strategies, has expertise in temporary disability/causation medical consultation, rehabilitation/supplemental job displacement benefits voucher (SJDB), Agreed Medical Examiner (AME), Panel Qualified Medical Examiner (PQME), and case settlement. 1. Case Referrals New case referrals will be assigned by the City’s Risk Management Division. Within five (5) business days upon referral of new cases, the Consultant shall send an email to the City’s Risk Management Division and the TPA acknowledging receipt of the file, confirming the designated attorney(s) assigned to the file, and disclosure of any conflicts of interest. The case acknowledgment email represents a non-billable event. If available at the time of a new case referral, City’s Risk Management Division and/or the TPA transmittal shall include: •All Division of Workers’ Compensation notices and filings •Personnel file •Wage statement •Job description or job analysis •Claimant’s occupation, department, and supervisor contact information •Summary of claim and status •Medical reports for the injury •Investigative reports •Claim payment history (medical and indemnity) •Legal notices or filings, including TPA responses •Case file notes •Specific issues requiring defense •Related information from the City’s Risk Management Division regarding issues that may impact strategy       Packet Page. 692 EXHIBIT B 17 2. Reporting Requirements The retained Consultant(s) shall observe the following guidelines for reporting and communication: •Reports shall be as brief. •Timely and pertinent status reports shall address only new development following a brief history. •Reports shall point out key information contained in any attachments with an explanation of its significance to the case. Voluminous records only need be summarized, unless requested by the City’s Risk Management Division, the TPA or the City’s General Counsel. •Email is the preferred method of communication. • Following the case acknowledgement, reporting requirements shall include: •Initial Report - due within thirty (30) days of case referral Report contents must include: o Analysis - A written analysis of the case which provides the initial evaluation of the case and identifies the strengths and weaknesses of the case. It shall include: a. Summary of the claim. b. Legal opinion of compensability, whether the case should be tried or settled. c. Pertinent statutes and/or case law. d. An estimated settlement range or verdict range. o Investigation - The Consultant(s) shall identify any additional information needed to establish defenses in the action. To the extent possible, this investigation and information gathering shall be done by the TPA. o Strategy – Consultant(s) shall define the strategy to be used in each claim including: a. The anticipated course of action to be taken. b. The factors or elements which must be proved or disproved and the necessary discovery to establish these defenses or proof. c. The timing of discovery, filing of motions, negotiations, or other objectives. d. The tactics to be used in defending the case and the advantages to be gained using these tactics. e. If applicable, counsel will specifically address available defenses under California statutes. •Litigation Budget - due with the Initial Report and with Status Reports o A litigation budget shall be provided with the initial report listing Consultant(s) best estimate for costs associated with those activities       Packet Page. 693 EXHIBIT B 18 outlined in the initial report. •Status Update – due bi-weekly o Consultant(s) shall provide brief status updates to the City’s Risk Management Division bi-weekly to include the most up to date information pertaining to the case. Updates can be provided in written format, via an in-person or virtual meeting. •Status Reports - due every ninety (90) days o Consultant(s) shall provide concise status updates to the TPA and the City’s Risk Management Division whenever events change any fact, judgment or opinion bearing on the case. Status updates should be provided every ninety (90) days, even if there has been no activity. Reports should not repeat previously reported events. Reports shall include: a. Discovery completed, including deposition summaries. b. Current evaluation of the case. c. Current estimate of medical and indemnity exposure. d. Settlement demand and offer, if any. e. Significant discovery planned for the next three months to include recommended use of independent medical examinations, utilization review, and expert medical advisors. f. Suitability of dispositive motions. g. Budget through current stage with explanation of budget deviations. h. Other significant changes. i. Timeline for resolution. •Pre-Settlement Conference/Mediation Report - due twenty-one (21) days in advance o Consultant(s) shall notify the TPA and the City’s Risk Management Division of a settlement conference, mediation or trial as soon as the date is set. Mediations may be attended by the City’s Risk Management Division who must be contacted reasonably in advance of scheduling a settlement conference or mediation to determine availability. o Pre-mediation report to the City’s Risk Management Division and the TPA should include: a. A brief synopsis of the case b. Consultant(s) opinion as to the strengths and weaknesses of the case and associated exposure c. Potential settlement range for the case d. Consultant(s) opinion as to the outcome e. Next steps should the case not settle f. Updated litigation budget •Pre-Hearing Report - due thirty (30) days before hearing o Thirty (30) days prior to a hearing, Consultant(s) shall submit a detailed       Packet Page. 694 EXHIBIT B 19 pre-hearing report to the City’s Risk Management Division and the TPA that should include an analysis of the issues, associated exposure, chances of prevailing, comments regarding jurisdiction and the assigned Judge of Compensation Claims, and possibility of resolving prior to a hearing. If resolution is possible, the Consultant(s) shall confer with the Consultant(s) Risk Management Division and the TPA to determine how the case can be reasonably resolved without unnecessary costs. •Post-Settlement Conference/Mediation/Hearing Report - due five (5) days after o Five (5) days post settlement conference, mediation or hearing, Consultant(s) shall submit a brief written summary or schedule a conference call with the TPA and the City’s Risk Management Division to discuss results and next steps. 3. General Litigation Guidelines •Discovery o The method of discovery utilized shall be that which obtains the information required at the least cost and in the most efficient manner. The Consultant(s) shall not schedule depositions without first giving due consideration to the value of sworn or other recorded testimony in lieu of a deposition. Unless special circumstances exist, deposition transcripts other than that of the applicant shall not be ordered unless or until it is reasonably certain that the case will be tried, or they are needed for dispositive court filings such as motions for summary judgment. Decisions to proceed with discovery shall be made jointly by the Consultant(s), the City’s Risk Management Division and the TPA, considering the purpose, value of information sought, cost of proposed Discovery, and degree of potential for adverse consequences. Direct contact with the Departmental Employees shall be made with consent of and coordination through the City’s Risk Management Division. •Use of Experts o The Consultant(s) must obtain authority and approval from the City’s Risk Management Division of all experts, including those retained to perform independent medical examinations or expert medical advisors, to assist with the defense of the case. Experts shall be retained by the Consultant(s) only after discussion with and approval of the City’s Risk Management Division and the TPA. The discussion shall include the objectives of retaining the expert, the expert’s qualifications and fees, the anticipated benefits, and a determination of the point in time when the expert’s use may be most effective. •Settlements (Global) o In all cases, the Consultant(s) shall provide realistic options including       Packet Page. 695 EXHIBIT B 20 compromise and settlement, and identify which option it believes to be best, comment on the reasonableness of a settlement demand and recommend a response. The Consultant(s) shall obtain authority for, and approval of all settlement offers or advanced payments before they are submitted to claimant’s counsel, the Division of Workers’ Compensation and/or its Appeals Board, or mediator, in accordance with City’s Settlement Guidelines. Settlement demands made by claimant or claimant’s counsel, and any counter offers, shall be communicated to the City’s Risk Management Division and the TPA immediately. The Consultant(s) is not authorized to act independently of any delegation of authority provided through the City’s Risk Management Division. The City’s Risk Management Division may consider settlement negotiations outside of formal mediations or settlement conferences but shall require up to thirty (30) days for the delegation of authority process for approval of settlement evaluations. o Upon case resolution, the Consultant(s) shall submit a brief final summary in an email to the City’s Risk Management Division and the TPA. This communication shall include copies of the signed settlement agreement, general release and resignation, settlement check due date with complete payable to and Tax ID information to include a copy of the claimant’s law firm’s W-9, along with any other documents or information that support resolution of an issue or the case in its entirety. Upon final conclusion and receipt of the settlement check, and approved settlement agreement, the Consultant(s) shall close its file and submit the final billing for each case in the next billing period. •Multi-Forum, Fraudulent, and Overlapping Claims o Coordination and sharing of information from litigated liability claims with the City’s Risk Management Division, the City’s general counsel and workers’ compensation attorneys are expected in cases where there is exposure to potential liability in other legal venues, such as EEOC claims, disability retirement program, workers’ compensation claims (overlapping), disability insurance, Medicare Set Aside, and Structured Settlement companies. The Consultant(s) is expected to work collaboratively with the City’s other defense counsel to develop strategies to resolve liabilities globally. o The Consultant(s) shall cooperate in the investigation of potentially fraudulent claims reported to the California Department of Insurance Fraud Division upon lawful request of this entity and in the recovery of Workers’ Compensation monies. •Appeals, Continuances, Waivers o The Consultant(s) must obtain authority from the City’s Risk Management Division before filing a petition for reconsideration with the Appeals Board or filing a Writ of Review at the Appellate or Supreme       Packet Page. 696 EXHIBIT B 21 Court level. o The Consultant(s) must obtain approval before waiving any rights of the City, such as third-party recovery, causes of action against a third party, restitution, settlement of liens and collateral benefits, such as the City’s health, dental, and leave benefits. Under no circumstances may the Consultant(s) make any agreement regarding retirement benefits. o The Consultant(s) must coordinate requests for continuances or extensions of timelines or deadlines, other than routine discovery, in advance with the City’s Risk Management Division. •Subrogation o The Consultant(s) and the City’s Risk Management Division shall consider the following factors in determining if subrogation shall be utilized and, if so, the strategy to be employed: a. In consultation with the City’s Risk Management Division, an assessment of whether there are other business reasons or relationships which might affect a decision to subrogate; b. What the expected recovery amount is compared to the legal costs to affect such recovery; c. The effect on potential recovery of third-party liability and comparative fault by employee and employer; d. Legal action available to or taken by the injured party; e. The possibility of a statute of limitations defense; and f. The status and potential value of the workers’ compensation case. o Settlement of third-party cases fall within the same authorization guidelines as all other workers’ compensation settlements. Non- workers’ compensation recoverable losses shall be considered, such as sick leave, Family Medical Leave Act (FMLA) salary continuation, property damage, and other insurance.       Packet Page. 697 EXHIBIT B 22       Packet Page. 698 EXHIBIT B 23       Packet Page. 699 EXHIBIT C 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GOLDMAN MAGDALIN STRAATSMA LLP This Agreement is made and entered into as of July 1, 2024 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 Goldman Magdalin Straatsma, a Limited Liability Partnership with its principal place of business at One Pointe Drive, Suite 200, Brea, CA 92821 (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: Provide workers’ compensation legal services, utilizing creative and effective litigation strategies to resolve claims in a timely manner with minimal exposure to the City. (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.       Packet Page. 700 EXHIBIT C 2 a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of two hundred sixty-five thousand dollars ($265,000) annually. 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. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2027, with the option of two (2), one (1) year extensions, unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.       Packet Page. 701 EXHIBIT C 3 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 requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.       Packet Page. 702 EXHIBIT C 4 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured 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       Packet Page. 703 EXHIBIT C 5 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and 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.       Packet Page. 704 EXHIBIT C 6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation       Packet Page. 705 EXHIBIT C 7 or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.       Packet Page. 706 EXHIBIT C 8 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (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.       Packet Page. 707 EXHIBIT C 9 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (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       Packet Page. 708 EXHIBIT C 10 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 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       Packet Page. 709 EXHIBIT C 11 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 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       Packet Page. 710 EXHIBIT C 12 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 Robert Choi as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Andrea Russell, Director of Human Resources & Risk Management With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Goldman Magdalin Straatsma, LLP One Pointe Drive, Ste. 200 Brea, CA 92821 Attn: Robert Choi, Managing Partner 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       Packet Page. 711 EXHIBIT C 13 Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 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       Packet Page. 712 EXHIBIT C 14 rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 713 EXHIBIT C 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GOLDMAN MAGDALIN STRAATSMA, LLP IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Rochelle Clayton Acting City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Robert Choi _____ Name Managing Partner ________________ Title       Packet Page. 714 EXHIBIT C 16 EXHIBIT A SCOPE OF WORK WORKERS’ COMPENSATION LEGAL SERVICES The scope of work includes completion of the services and deliverables listed below. WORKERS’ COMPENSTION LEGAL SERVICES I.PURPOSE The City of San Bernardino’s Human Resources Department ("City'') desires to retain a panel of attorneys who specialize in Workers’ Compensation litigation. II.SPECIFICATIONS A. The City would like to contract with “Best-in-Class” law firms to provide workers’ compensation litigation services. Vendors should demonstrate creative and effective litigation strategies, has expertise in temporary disability/causation medical consultation, rehabilitation/supplemental job displacement benefits voucher (SJDB), Agreed Medical Examiner (AME), Panel Qualified Medical Examiner (PQME), and case settlement. 1. Case Referrals New case referrals will be assigned by the City’s Risk Management Division. Within five (5) business days upon referral of new cases, the Consultant shall send an email to the City’s Risk Management Division and the TPA acknowledging receipt of the file, confirming the designated attorney(s) assigned to the file, and disclosure of any conflicts of interest. The case acknowledgment email represents a non-billable event. If available at the time of a new case referral, City’s Risk Management Division and/or the TPA transmittal shall include: •All Division of Workers’ Compensation notices and filings •Personnel file •Wage statement •Job description or job analysis •Claimant’s occupation, department, and supervisor contact information •Summary of claim and status •Medical reports for the injury •Investigative reports •Claim payment history (medical and indemnity) •Legal notices or filings, including TPA responses •Case file notes •Specific issues requiring defense •Related information from the City’s Risk Management Division regarding issues that may impact strategy       Packet Page. 715 EXHIBIT C 17 2. Reporting Requirements The retained Consultant(s) shall observe the following guidelines for reporting and communication: •Reports shall be as brief. •Timely and pertinent status reports shall address only new development following a brief history. •Reports shall point out key information contained in any attachments with an explanation of its significance to the case. Voluminous records only need be summarized, unless requested by the City’s Risk Management Division, the TPA or the City’s General Counsel. •Email is the preferred method of communication. • Following the case acknowledgement, reporting requirements shall include: •Initial Report - due within thirty (30) days of case referral Report contents must include: o Analysis - A written analysis of the case which provides the initial evaluation of the case and identifies the strengths and weaknesses of the case. It shall include: a. Summary of the claim. b. Legal opinion of compensability, whether the case should be tried or settled. c. Pertinent statutes and/or case law. d. An estimated settlement range or verdict range. o Investigation - The Consultant(s) shall identify any additional information needed to establish defenses in the action. To the extent possible, this investigation and information gathering shall be done by the TPA. o Strategy – Consultant(s) shall define the strategy to be used in each claim including: a. The anticipated course of action to be taken. b. The factors or elements which must be proved or disproved and the necessary discovery to establish these defenses or proof. c. The timing of discovery, filing of motions, negotiations, or other objectives. d. The tactics to be used in defending the case and the advantages to be gained using these tactics. e. If applicable, counsel will specifically address available defenses under California statutes. •Litigation Budget - due with the Initial Report and with Status Reports o A litigation budget shall be provided with the initial report listing Consultant(s) best estimate for costs associated with those activities       Packet Page. 716 EXHIBIT C 18 outlined in the initial report. •Status Update – due bi-weekly o Consultant(s) shall provide brief status updates to the City’s Risk Management Division bi-weekly to include the most up to date information pertaining to the case. Updates can be provided in written format, via an in-person or virtual meeting. •Status Reports - due every ninety (90) days o Consultant(s) shall provide concise status updates to the TPA and the City’s Risk Management Division whenever events change any fact, judgment or opinion bearing on the case. Status updates should be provided every ninety (90) days, even if there has been no activity. Reports should not repeat previously reported events. Reports shall include: a. Discovery completed, including deposition summaries. b. Current evaluation of the case. c. Current estimate of medical and indemnity exposure. d. Settlement demand and offer, if any. e. Significant discovery planned for the next three months to include recommended use of independent medical examinations, utilization review, and expert medical advisors. f. Suitability of dispositive motions. g. Budget through current stage with explanation of budget deviations. h. Other significant changes. i. Timeline for resolution. •Pre-Settlement Conference/Mediation Report - due twenty-one (21) days in advance o Consultant(s) shall notify the TPA and the City’s Risk Management Division of a settlement conference, mediation or trial as soon as the date is set. Mediations may be attended by the City’s Risk Management Division who must be contacted reasonably in advance of scheduling a settlement conference or mediation to determine availability. o Pre-mediation report to the City’s Risk Management Division and the TPA should include: a. A brief synopsis of the case b. Consultant(s) opinion as to the strengths and weaknesses of the case and associated exposure c. Potential settlement range for the case d. Consultant(s) opinion as to the outcome e. Next steps should the case not settle f. Updated litigation budget •Pre-Hearing Report - due thirty (30) days before hearing o Thirty (30) days prior to a hearing, Consultant(s) shall submit a detailed       Packet Page. 717 EXHIBIT C 19 pre-hearing report to the City’s Risk Management Division and the TPA that should include an analysis of the issues, associated exposure, chances of prevailing, comments regarding jurisdiction and the assigned Judge of Compensation Claims, and possibility of resolving prior to a hearing. If resolution is possible, the Consultant(s) shall confer with the Consultant(s) Risk Management Division and the TPA to determine how the case can be reasonably resolved without unnecessary costs. •Post-Settlement Conference/Mediation/Hearing Report - due five (5) days after o Five (5) days post settlement conference, mediation or hearing, Consultant(s) shall submit a brief written summary or schedule a conference call with the TPA and the City’s Risk Management Division to discuss results and next steps. 3. General Litigation Guidelines •Discovery o The method of discovery utilized shall be that which obtains the information required at the least cost and in the most efficient manner. The Consultant(s) shall not schedule depositions without first giving due consideration to the value of sworn or other recorded testimony in lieu of a deposition. Unless special circumstances exist, deposition transcripts other than that of the applicant shall not be ordered unless or until it is reasonably certain that the case will be tried, or they are needed for dispositive court filings such as motions for summary judgment. Decisions to proceed with discovery shall be made jointly by the Consultant(s), the City’s Risk Management Division and the TPA, considering the purpose, value of information sought, cost of proposed Discovery, and degree of potential for adverse consequences. Direct contact with the Departmental Employees shall be made with consent of and coordination through the City’s Risk Management Division. •Use of Experts o The Consultant(s) must obtain authority and approval from the City’s Risk Management Division of all experts, including those retained to perform independent medical examinations or expert medical advisors, to assist with the defense of the case. Experts shall be retained by the Consultant(s) only after discussion with and approval of the City’s Risk Management Division and the TPA. The discussion shall include the objectives of retaining the expert, the expert’s qualifications and fees, the anticipated benefits, and a determination of the point in time when the expert’s use may be most effective. •Settlements (Global) o In all cases, the Consultant(s) shall provide realistic options including       Packet Page. 718 EXHIBIT C 20 compromise and settlement, and identify which option it believes to be best, comment on the reasonableness of a settlement demand and recommend a response. The Consultant(s) shall obtain authority for, and approval of all settlement offers or advanced payments before they are submitted to claimant’s counsel, the Division of Workers’ Compensation and/or its Appeals Board, or mediator, in accordance with City’s Settlement Guidelines. Settlement demands made by claimant or claimant’s counsel, and any counter offers, shall be communicated to the City’s Risk Management Division and the TPA immediately. The Consultant(s) is not authorized to act independently of any delegation of authority provided through the City’s Risk Management Division. The City’s Risk Management Division may consider settlement negotiations outside of formal mediations or settlement conferences but shall require up to thirty (30) days for the delegation of authority process for approval of settlement evaluations. o Upon case resolution, the Consultant(s) shall submit a brief final summary in an email to the City’s Risk Management Division and the TPA. This communication shall include copies of the signed settlement agreement, general release and resignation, settlement check due date with complete payable to and Tax ID information to include a copy of the claimant’s law firm’s W-9, along with any other documents or information that support resolution of an issue or the case in its entirety. Upon final conclusion and receipt of the settlement check, and approved settlement agreement, the Consultant(s) shall close its file and submit the final billing for each case in the next billing period. •Multi-Forum, Fraudulent, and Overlapping Claims o Coordination and sharing of information from litigated liability claims with the City’s Risk Management Division, the City’s general counsel and workers’ compensation attorneys are expected in cases where there is exposure to potential liability in other legal venues, such as EEOC claims, disability retirement program, workers’ compensation claims (overlapping), disability insurance, Medicare Set Aside, and Structured Settlement companies. The Consultant(s) is expected to work collaboratively with the City’s other defense counsel to develop strategies to resolve liabilities globally. o The Consultant(s) shall cooperate in the investigation of potentially fraudulent claims reported to the California Department of Insurance Fraud Division upon lawful request of this entity and in the recovery of Workers’ Compensation monies. •Appeals, Continuances, Waivers o The Consultant(s) must obtain authority from the City’s Risk Management Division before filing a petition for reconsideration with the Appeals Board or filing a Writ of Review at the Appellate or Supreme       Packet Page. 719 EXHIBIT C 21 Court level. o The Consultant(s) must obtain approval before waiving any rights of the City, such as third-party recovery, causes of action against a third party, restitution, settlement of liens and collateral benefits, such as the City’s health, dental, and leave benefits. Under no circumstances may the Consultant(s) make any agreement regarding retirement benefits. o The Consultant(s) must coordinate requests for continuances or extensions of timelines or deadlines, other than routine discovery, in advance with the City’s Risk Management Division. •Subrogation o The Consultant(s) and the City’s Risk Management Division shall consider the following factors in determining if subrogation shall be utilized and, if so, the strategy to be employed: a. In consultation with the City’s Risk Management Division, an assessment of whether there are other business reasons or relationships which might affect a decision to subrogate; b. What the expected recovery amount is compared to the legal costs to affect such recovery; c. The effect on potential recovery of third-party liability and comparative fault by employee and employer; d. Legal action available to or taken by the injured party; e. The possibility of a statute of limitations defense; and f. The status and potential value of the workers’ compensation case. o Settlement of third-party cases fall within the same authorization guidelines as all other workers’ compensation settlements. Non- workers’ compensation recoverable losses shall be considered, such as sick leave, Family Medical Leave Act (FMLA) salary continuation, property damage, and other insurance.       Packet Page. 720 EXHIBIT C 22       Packet Page. 721 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Darren Goodman, Chief of Police Department:Police Subject:Agreement with Selman Chevrolet and West Coast Lights and Sirens for vehicle purchase and build out (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the following: 1. The City Manager or designee, to execute a Goods Purchasing Agreement with Selman Chevrolet. 2. The Director of Finance and Management Services issue a purchase order to Selman Chevrolet in an amount not to exceed $115,770.38. 3. The Director of Finance and Management Services issue a purchase order to West Coast Lights and Sirens Inc., in an amount not to exceed $20,976.98. Executive Summary The City completed an RFP to select a vendor to purchase two vehicles to be used for surveillance and enforcement related to illegal cannabis activity to further efforts of the Regional Marijuana Enforcement Team and support the scope of the Prop 64 grant. The City requests the authorization to use Prop 64 grant funds to purchase the vehicles. Background On June 22, 2023, the City of San Bernardino accepted the Proposition 64 Public Health and Safety Grant, Cohort 3, in the amount of $3,000,000. The Board of State and Community Corrections (BSCC) funded the grant based on tax revenue generated by the sales of legal adult-use cannabis products. Included in the Prop 64 (BSCC) grant budget proposal was $200,000 designated for the purchase of mobile       Packet Page. 722 surveillance equipment; a portion of which would be used for the purchase of two unmarked police vehicles with the surveillance equipment. The vehicle purchase has been approved by BSCC. Discussion The San Bernardino Police Department is entering into a memorandum of understanding with the San Bernardino County Sheriff’s Department for a regional marijuana enforcement team. This team will conduct illegal cannabis sales and cultivation enforcement, along with public education. Two police officers will be assigned to the regional team, bringing more personnel and assets for operations inside the City of San Bernardino. These assigned officers will need to be equipped with two unmarked police vehicles, with accompanying equipment from West Coast Lights and Sirens Inc., for successful enforcement investigations and operations. After completing a Request for Proposal RFQ F-24-3000, Selman Chevrolet was identified as the vendor who met all bid specifications. The two vehicles will be purchased from Selman Chevrolet and then outfitted with appropriate police equipment at West Coast Lights and Siren, the city’s existing contracted vendor for this type of work. 2021-2025 Strategic Targets and Goals The request to approve this funding aligns with Key Target No. 3: Improve the Quality of Life by securing two unmarked police vehicles for officers to conduct operations surrounding the investigation of illegal cannabis sales and cultivation sites in the City which are negatively impacting residents and business owners alike. Fiscal Impact There is no General Fund impact. The vehicles and surveillance equipment will be purchased using the Prop 64 Public Health and Safety Grant funds. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the following: 1. The City Manager or designee, to execute a Goods Purchasing Agreement with Selman Chevrolet. 2. The Director of Finance and Management Services issue a purchase order to Selman Chevrolet in an amount not to exceed $115,770.38. 3. The Director of Finance and Management Services issue a purchase order to West Coast Lights and Sirens Inc. in an amount not to exceed $20,976.98. Attachments Attachment 1 Selman Chevrolet proposal Attachment 2 West Coast Lights and Siren Inc. proposal Attachment 3 Goods Purchasing Agreement with Selman Chevrolet       Packet Page. 723 Ward: All Wards Synopsis of Previous Council Actions: June 21, 2023 Mayor and City Council adopted Resolution 2023-088 and accepted the Proposition 64 grant.       Packet Page. 724       Packet Page. 725 PROPOSAL Date 4/25/2024 Estimate # 15042Name / Address CITY OF SAN BERNARDINO POLICE DEPT 710 NORTH D STREET SAN BERNARDINO, CA 92401 W EST CO AST LIGHTS & SIREN S, IN C. UNIT "B" RIVERSIDE, CA 92507 Terms Net 30 VEHICLE TYPE SILVERADO Phone # 951-779-9257 Fax # 951-779-9256 Info@wcls.us WCLS.US Total Subtotal Sales Tax (8.0%) Item Description Qty Cost Total >>TO INSTALL THE FOLLOWING IN A 2023 CHEVY SILVERADO<< 115.00/HOUR LABOR TO INSTALL THE FOLLOWING 34 115.00 3,910.00T >>LIGHTING & SIREN EQUIPMENT<< MPS62U-RB MICROPULSE ULTRA 6, DUAL COLOR, CLEAR LENS, SURFACE MOUNT- RED/BLUE >>STEADY RED VISOR LIGHT<< 1 90.00 90.00T MPS62U-RB MICROPULSE ULTRA 6, DUAL COLOR, CLEAR LENS, SURFACE MOUNT- RED/BLUE >> FLASHING RED/BLUE VISOR LIGHT<< 1 90.00 90.00T MPSM6U-WIN ADHESIVE MOUNT KIT FOR (1) MPS6U LIGHT KIT INCLUDES 90 , 67,46. & 30 DEGREES SHROUDS 2 40.04 80.08T 416900Z-BW CORNER LED,DUAL,INLINE FLASHER, HORIZ OPTIC,BLUE/WHITE >>PASS. SIDE HEADLIGHT<< 1 68.00 68.00T 416900Z-RW CORNER LED,DUAL,INLINE FLASHER, HORIZ OPTIC, RED/WHITE >>DR. SIDE HEADLIGHT<< 1 68.00 68.00T PW100S4 PATHWAY SIREN/LIGHT CONTROLLER WITH FOUR-BUTTON CONTROLLER, 100 W 1 480.00 480.00T WCLS-ROTARY1 ROTARY SWITCH FOR PATHFINDER 1 225.00 225.00T ES100C ES100C SPEAKER W/O BRACKET 1 215.00 215.00T ESB-L BRACKET KIT, ES100C 1 28.03 28.03T FHL-CHG FLASHER, HEADLIGHT 1 75.46 75.46T Page 1       Packet Page. 726 PROPOSAL Date 4/25/2024 Estimate # 15042Name / Address CITY OF SAN BERNARDINO POLICE DEPT 710 NORTH D STREET SAN BERNARDINO, CA 92401 W EST CO AST LIGHTS & SIREN S, IN C. UNIT "B" RIVERSIDE, CA 92507 Terms Net 30 VEHICLE TYPE SILVERADO Phone # 951-779-9257 Fax # 951-779-9256 Info@wcls.us WCLS.US Total Subtotal Sales Tax (8.0%) Item Description Qty Cost Total FHL-TAIL FLASHER,TAILLIGHT, UNIVERSAL APPLICATIONS , 18" WIRE LEADS 1 69.78 69.78T 416900Z-BA CORNER LED,DUAL,INLINE FLASHER, HORIZ OPTIC,BLUE/AMBER >>REVERSE LIGHTS<< 2 68.00 136.00T >>UNDER SEAT STORAGE<< 7126-7656 54"W X 13"D X 6-1/2"H (REAR) TO 9-1/2" (FRONT) STEEL CONSTRUCTION T-HANDLE W/ SINGLE LOCK - 2020+ SILVERADO 1 1,150.00 1,150.00T SHIPPING SHIPPING OF HAVIS BOX 1 150.00 150.00 >>REAR TONNEAU COVER<< JOB MATERIALS SLIDING TONNEAU COVER 1 2,436.00 2,436.00T >>ELECTRICAL<< JOB MATERIALS ELECTRONICS BOARD WITH CARPET 1 65.00 65.00T 7185B 70 AMP CIRCUIT BREAKER 1 29.30 29.30T U-CBB-BK UNIVERSAL CIRCUIT BREAKER BRACKET FROM BK CUSTOMS 1 12.00 12.00T 5025B FUSE BLOCK STBLADE 6 CIRC W/GRND/CVR 1 25.31 25.31T EVM-IDM308VS IGNITION DELAY MODULE 30 MIN TO 8HRS - VOLTAGE SENSE 1 54.08 54.08T 90-201 75 AMP RELAY 1 37.55 37.55T JOB MATERIALS MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS, RELAYS, ETC. 1 150.00 150.00T Page 2 *ESTIMATES ARE VALID FOR 30 DAYS. *ORDERS WILL BE INVOICED UPON NOTIFICATION OF COMPLETION *RETURNS/CANCELLATIONS ARE SUBJECT TO A 25% RESTOCKING FEE AND SHIPPING CHARGES. *PLEASE MAKE SURE YOU HAVE ALL CUSTOMER SUPPLIED PARTS WHEN VEHICLE IS DROPPED OFF TO AVOID DELAYS. IF DELAYS CONTINUE, WE WILL SUPPLY NEEDED PARTS AT CUSTOMERS EXPENSE. *CALIFORNIA CERTIFIED SMALL BUSINESS #49878 *NOTE: SALES TAX WILL BE CHARGED ON INSTALLATION LABOR ON A VEHICLE WITH 500 MILES OR LESS OR UNDER 6 MONTHS SINCE REGISTRATION WITH THE DMV $10,404.16 $9,644.59 $759.57       Packet Page. 727 1 4 9 5 3 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 3rd day of July, 2024, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and Selman Chevrolet Company, a CORPORATION with its principal place of business at 1800 E Chapman Ave, Orange, CA 92867 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants       Packet Page. 728 2 4 9 5 3 that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost       Packet Page. 729 3 4 9 5 3 of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.       Packet Page. 730 4 4 9 5 3 E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of 10 % of the purchase cost per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims       Packet Page. 731 5 4 9 5 3 or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.       Packet Page. 732 6 4 9 5 3 Section 14. INSURANCE. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. 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. 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. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received       Packet Page. 733 7 4 9 5 3 and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,       Packet Page. 734 8 4 9 5 3 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the 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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. MISCELLANEOUS PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Nick Oldendorf, Lieutenant Selman Chevrolet Company 1800 E. Chapman Ave Orange, CA 92867 Attn: Vincent Eible       Packet Page. 735 9 4 9 5 3 With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.       Packet Page. 736 10 4 9 5 3 J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 737 11 4 9 5 3 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SELMAN CHEVROLET COMPANY IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: Rochelle Clayton Acting City Manager ATTESTED BY: Genoveva Rocha City Clerk CMC APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney SELMAN CHEVROLET COMPANY Signature Name Title       Packet Page. 738 12 4 9 5 3 Exhibit A Goods Specifications Requirements 1. Vehicle Type and Size: The vehicle should have the following characteristics: a) Full size half ton pickup truck b) Full size passenger cab with four doors c) Power windows d) Cloth seats e) Two or more USB charging ports f) At least one interior 120 volt power outlet g) Tinted glass on rear passenger windows h) Full size underbody mount spare tire i) V8 engine with automatic transmission j) Backup camera and blind spot monitoring k) Remote keyless entry l) Must include a tow package m) Must be 4 wheel drive n) Must be equipped with all terrain tires 2. Vehicle Warranty: All proposals should include the cost of an extended warranty that will cover bumper to bumper service for 5 years or 100,000 miles, or the most similar warranty option available. 3. Delivery Period: Vendor must be able to deliver the vehicle within 30 days.       Packet Page. 739 13 4 9 5 3 Exhibit B Delivery Schedule The vehicle must be deliverable within 30 days of the completion of purchase contract.       Packet Page. 740 14 4 9 5 3 Exhibit C Fee Schedule See attached Vendor Quote Form       Packet Page. 741 2 1 7 3 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works, Operations, and Maintenance. Department:Public Works Subject:Resolution List of Projects under SB1 2024/2025 Road Maintenance Program; and Authorizing the Director of Finance to Amend the FY 2024/25 Capital Improvement Plan, Recording Supplemental Appropriations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1.Adopt Resolution No. 2024-146 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2024/25 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and 2. Adopt Resolution No. 2024-147 authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan, recording supplemental appropriations: a.In the amount of $5,787,126.00 in SB1 Fund and $1,355,877.50 in Gas Tax Fund, for a total additional appropriation of $7,143,003.50 for Street Rehabilitation Phase 1- 14 Locations Project (Project No. 13630). Executive Summary: The City of San Bernardino is poised to enhance its road infrastructure under the provisions of Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017. For Fiscal Year 2024/25, the City anticipates receiving $5,787,126 in SB1 funds, which, combined with $1,355,877.50 from Gas Tax funds, will total $7,143,003.50 allocated for street rehabilitation projects at 14 locations. The City must allocate $1,167,244       Packet Page. 742 2 1 7 3 annually from its Gas Tax to maintain eligibility for these SB1 funds. Staff recommends adopting these two resolutions to approve the project list and authorize the necessary financial appropriations for the identified street rehabilitation projects. This strategic initiative will ensure the City's roads are well-maintained, safe, and compliant with state requirements. Background Senate Bill (SB) 1 On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. On November 1, 2017, the State Controller deposited various portions of new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of the new RMRA funding was apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems. •Annually, on July 1st, the City of San Bernardino, along with all other eligible California agencies, submits a work plan to the California Transportation Commission (CTC) committing the following fiscal years RMRA funding to a specific pavement preservation project in the coming year or in a future year if the City so desires. The submission of the work plan maintains the City's eligibility to garner RMRA funding during the forthcoming fiscal year. Without this commitment of RMRA funds the City loses its eligibility to collect RMRA funding through the State Controller's Office (SCO). The City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment. On May 15th, 2024, the Public Works Department issued a contract for a new Pavement Management Program and Asset Inventory. This new Pavement Management Program will help establish streets in need of repair in the coming years. Discussion The City anticipates receiving an estimated $5,787,126 in SB1 funds in FY 2024/25, which will be used to support the repair, rehabilitation, and improvement of the City street segments identified on the SB1 FY 2024/25 project list. In order to remain eligible to receive such funds through RMRA program, the City, through its general funds, is required to allocate $1,167,244.00 on an annual basis.       Packet Page. 743 2 1 7 3 Every year on July 1st, the City is required to adopt a resolution identifying projects using RMRA allocation and submit this list of adopted projects to the State to meet the eligibility requirement to receive RMRA funds. If this is not done by July 1, the City loses its eligibility to collect RMRA funding. The City's required local Maintenance of Effort (MOE) amount to be applied to the project under SB1 is estimated to be $1,167,244.00, as shown on the table below. Staff recommends adding the following list of projects to the SB1/RMRA funded projects list so that they can be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues. These projects involve asphalt roadway maintenance and rehabilitation (mill and overlay, slurry seal), concrete improvements, striping and related work. New Proiects which are proposed for the City Council Approval to be listed under SB1/RMRA funding: Projects in City's FY2024/25 CIP Program to be listed under SB1 Road Maintenance Program: Below is a list of all locations for projects listed under SB1 Road Maintenance Program: •Street Rehabilitation Phase 1 - 1 4 locations (Project No: 13630) •N. Mayfield between W. 8th and 9th •N. Western between W. 8th and Union •E. Gilbert between N. Waterman and Cedar •W. 14th between N. G. and F. •E. Hardt between S. Tippecanoe and Richardson •E. Drake Drive (off of Foisy)/ E. Holden Drive •N. Orange between E. Highland and 210 Freeway •N. Electric Ave. between W. 40th and 48th •N. Varsity Ave. between W. 48th and North Grand       Packet Page. 744 2 1 7 3 •W. College between University Parkway and North Grand •W. Roosevelt Ave. west from N. State St. •W. Washington Ave. from California west bound to Emma Road •E. 34th Street between N. Mountain View and N. Sierra Way •N. Mountain View between W. 30th and Parkdale Staff recommends appropriating funds in the amount of $7,143,003.50. Of this, $5,787,126.00 would come from SB1 funds and $1,355,877.50 (Maintenance of Effort $1,167,244.00 plus $188,633.50) from Gas Tax funds. Staff recommends approval of the attached Resolutions listing proposed projects to be funded under SB1 2024/2025 Road Maintenance Program. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1d. Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed project list will allow staff to move forward in addressing deferred street maintenance needs identified in the pavement management plan, and help secure project funding resources available through SB1/RMRA. Fiscal Impact There is no General Fund impact associated with this item. The required funding to meet the MOE requirement is $1,167,244.00 plus $188,633.50, funded by the Gas Tax Funds. Conclusion It is recommended that that the Mayor and City Council of the City of San Bernardino, California, adopt: 1. Adopt Resolution No. 2024-146 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2024/25 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and 2. Adopt Resolution No. 2024-147 authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan, recording supplemental appropriations: a.In the amount of $5,787,126.00 in SB1 Fund and $1,355,877.50 in Gas Tax Fund, for a total additional appropriation of $7,143,003.50 for Street Rehabilitation Phase 1- 14 Locations Project (Project No. 13630).       Packet Page. 745 2 1 7 3 Attachments Attachment 1 Resolution No. 2024-146 Approving SB1 Project List for Submittal Attachment 2 Resolution No. 2024-147 Amending FY 2024/25 Capital Improvement Plan Ward: All Wards Synopsis of Previous Council Actions: June 26, 2023 Resolution 2023-091 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017. June 1, 2022 Resolution 2022-110 Approving the Road Maintenance and Rehabilitation Proposed Projects list for Submittal to the California Transportation Commission: Adopting a list of projects for Fiscal Year 2022/2023 to be funded by Senate Bill 1: Road Repair and Accountability Act 2017 May 19, 2021 Resolution 2021-119 Approving the Road Maintenance and Rehabilitation Proposed Projects list for Submittal to the California Transportation Commission: Adopting a list of projects for Fiscal Year 2021/2022 to be funded by Senate Bill 1: Road Repair and Accountability Act 2017 April 15, 2020 Resolution 2020-67 Adopting a list of projects for Fiscal Year 2020/21 to be funded by Senate Bill 1: The Road Repair and Accountability Act of 2017. May 1, 2019 Resolution 2019-063 Adopting a list of projects for Fiscal Year 2019/20 Funded by Senate Bill 1 (SB1): The Road Repair and Accountability Act of 2017. May 16, 2018 Resolution 2018-143 Approving a list of projects to receive Road Maintenance and Rehabilitation Account Funding. December 20, 2017 Resolution 2017-242 Approving a list of projects to receive Road Maintenance and Rehabilitation Account Funding.       Packet Page. 746 Resolution No. 2024-146 Resolution 2024-146 July 3, 2024 Page 1 of 4 4 9 9 8 RESOLUTION NO. 2024-146 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ROAD MAINTENANCE AND REHABILITATION PROPOSED PROJECT LIST FOR SUBMITTAL TO THE CALIFORNIA TRANSPORTATION COMMISSION; AND ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/25 TO BE FUNDED BY SENATE BILL 1: ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $5,787,1264 in RMRA funding in Fiscal Year 2024-25 from SB 1; and WHEREAS, this is the 8th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 14 streets and roads, add active transportation infrastructure throughout the City this year and 21of similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in an "at-risk" condition and this revenue will help us       Packet Page. 747 Resolution No. 2024-146 Resolution 2024-146 July 3, 2024 Page 2 of 4 4 9 9 8 increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The foregoing recitals are true and correct. SECTION 2.The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues: Project Title: Street Rehabilitation Phase I - 14 locations (Project No: 13630) Project Description: Asphalt coldmill and overlay, and striping improvements. Project Location: Mayfield Ave, Western Ave, Gilbert St, 14th St, Hardt St, Drake Dr, Orange St, Electric Ave, Varsity Ave, College Ave, Roosevelt Ave, Washington Ave, 34th St, Mountain View Ave. Estimated Project Schedule: Start (12/2024)- Completion (6/2025) Estimated Project Useful Life: 12-15 years SECTION 3.The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues: No previous projects will utilize FY2024/25 Road Maintenance and Rehabilitation Funding. SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 -Existing Facilities) of the CEQA Guidelines because it involves street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case,       Packet Page. 748 Resolution No. 2024-146 Resolution 2024-146 July 3, 2024 Page 3 of 4 4 9 9 8 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. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation Resolution No. 2024-XXX does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of July 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 749 Resolution No. 2024-146 Resolution 2024-146 July 3, 2024 Page 4 of 4 4 9 9 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. 2024-146, adopted at a regular meeting held on the 3rd day of July 2024 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 July 2024. Genoveva Rocha, CMC, City Clerk       Packet Page. 750 Resolution No. 2024-147 Resolution 2024-147 July 3, 2024 Page 1 of 4 4 9 9 9 RESOLUTION NO. 2024-147 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2024/25 CAPITAL IMPROVEMENT PLAN RECORDING SUPPLEMENTAL APPROPRIATIONS FOR VARIOUS PROJECTS WHEREAS, on April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years; and WHEREAS, the City of San Bernardino (“City”) developed a Five-Year Capital Improvement Program (CIP) consistent with the 2021-2025 Key Strategic Targets and Goals established by the Mayor and City Council; and WHEREAS, this CIP is a five-year program that links the planning of capital improvements to realistic, reliable funding sources. This ensures that the planning and implementation of such projects are balanced within available resources; and WHEREAS, projects included in the CIP are based on an assessment of community needs, Mayor and City Council priorities and available funding. Capital projects relate to new construction, major improvements or rehabilitation of assets, or acquisition of a structure. WHEREAS, CIP projects are reviewed and updated annually. Consideration is given to potential sources of funding, financing opportunities, and the value of the project using criteria including the protection of public health and safety, adherence to legal requirements, environmental quality, level of public support, return on investment, availability of financing, and relationship to Mayor and City Council Goals and Objectives; and WHEREAS, the City developed its FY 2024/25 Capital Improvement Plan; and WHEREAS, the FY 2045/25 Capital Improvement Plan requires a supplementation appropriation in the amount of $5,787,126 in SBl Funds and $1,355,877.50 in Gas Tax (Maintenance of Effort) to fully fund Street Rehabilitation- 14 locations (Project No: 13630). 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.       Packet Page. 751 Resolution No. 2024-147 Resolution 2024-147 July 3, 2024 Page 2 of 4 4 9 9 9 SECTION 2.Mayor and City Council hereby authorize the Agency Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan, recording a supplemental appropriation in the amount of $5,787,126 in SBl Fund and $1,355,877.50 in Gas Tax Fund, for a total additional contribution of $7,143,003.50 for Street Rehabilitation-14 locations (Project No: 13630) Project. SECTION 3.As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class I -Existing Facilities) of the CEQA Guidelines because it involves street rehabilitation. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. 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 3rd day of July 2024. Helen Tran, Mayor City of San Bernardino       Packet Page. 752 Resolution No. 2024-147 Resolution 2024-147 July 3, 2024 Page 3 of 4 4 9 9 9 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 753 Resolution No. 2024-147 Resolution 2024-147 July 3, 2024 Page 4 of 4 4 9 9 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-147, adopted at a regular meeting held on the 3rd day of July 2024 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 July 2024. Genoveva Rocha, CMC, City Clerk       Packet Page. 754 2 0 2 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works, Operations and Maintenance Department:Public Works Subject:Award of Agreement for Construction of the Cross Street Bridge Replacement and Fairfax Elementary School Playground Restoration (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-148: 1. Approving the award of an Agreement with Jilk Heavy Construction, Inc. in the amount of $2,945,503.50 for Cross Street Bridge Replacement and Fairfax Elementary School Playground Restoration (Project); and 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $467,440.78 for construction of the Project; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $2,700,000 from the General Fund to bring the total project budget to $3,412,944.28; and 4. Authorizing the City Manager or designee to execute all documents with Jilk Heavy Construction, Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).       Packet Page. 755 2 0 2 9 Executive Summary: The Agreement would allow the City to issue Jilk Heavy Construction, Inc. a Notice to Proceed, initiating the process to construct the Cross Street Bridge Replacement and Fairfax Elementary School Playground. The agreement will include Jilk Heavy Construction, Inc.’s Base Bid and Additive Alternate construction cost of $2,945,503.50. Additional funds are recommended for construction contingencies and construction management costs for a total of $467,440.78 The total cost of construction, construction management, and construction contingencies is $3,412,944.28. Approving an additional $2,700,000 from the General Fund will fund the project. Background The Cross Street bridge is located at 1367 Cross Street, and it spans over a San Bernardino County Flood Control District (SBCFCD) flood control channel. It serves as the sole access point to a residential neighborhood. The bridge was condemned in late February 2023 following a fire incident that resulted in the complete loss of access, including emergency services access to this neighborhood, and was subsequently closed for both vehicular and pedestrian traffic. In response to these emergency conditions, the City evaluated available options and determined that the open field within the northeastern part of the adjacent school property, Fairfax Elementary School, could be utilized to establish a temporary access route from East 17th Street to North Fairfax Drive. On April 19th, 2023, the City Council officially approved an MOU with the San Bernardino City Unified School District (SBCUSD) to allow temporary access thru the school until the restoration of the bridge was completed. With the cooperation of the SBCUSD, an access road that connects North Fairfax Drive to East 17th Street through the school property was built to restore temporary access. Given the emergency nature of the situation, the City's on-call consultant, IMEG, was promptly issued a task order in the amount of $88,750 to conduct structural assessments and preliminary design work, in accordance with City Municipal Code, Section 3.04.030. The assessment revealed that it would be more cost effective to replace the bridge than attempting to restore it. Since time was of the essence on October 18, 2023, the Mayor and City Council approved an amendment to IMEG’s scope of work for a new total of $190,190 for bridge replacement design. Amendment No. 1 to the memorandum of understanding for a temporary license between the City, SBCUSD, and Southern California Gas Company was also approved on October 18, 2023. Discussion The Project was advertised for public bidding on April 18, 2024, on PlanetBids, Two sealed bids were received, and opened on May 14, 2024, as follows: Bidder City Base Bid Jilk Heavy Construction, Inc. Brea, CA $2,747,417.50 Riverside Construction Company, Inc Riverside, CA $3,760,576.50       Packet Page. 756 2 0 2 9 Staff has reviewed all bid packages and determined that Jilk Heavy Construction Inc. of Brea, California, is the lowest responsible and responsive bidder with a total Base Bid amount of $2,747,417.50. Staff also recommend award of Additive Alternate No. 1 & 2, which includes street improvements on Fairfax and Cross Street for a cost of $198,086.00. The total construction cost of the Base Bid and Additive Alternate No. 1 is $2,945,503.50. Additional funding is also recommended for construction contingencies, construction management, and administrative costs in the amount of $467,440.78. The total cost of construction, construction contingencies, construction management, and administrative costs is $3,412,944.28. Due to the emergency nature of the bridge closure, Public Works established a budget from the department funds in the amount of $309,197.91. On June 26, 2023, Resolution 2023-090 was adopted and increased the project budget in the amount of $1,000,000 from the Capital Contingency Fund. The current project balance is approximately $712,944.28. An additional $2,700,000 is requested from the General Fund to complete the project. Please see breakdown of all project funding details: Detail Amount Funding PW Department Funds $309,197.91 General Fund CIP Funds $1,000,000.00 Capital Contingency Total Project Budget $1,309,197.91 Design Service - IMEG $190,190.00 Paving - ONYX $274,377.74 Staff Augmentation Services- Transtech $80,080.00 Third Party Plan Review - NV5 $45,180.00 Permits & Advertisement, etc. $6,375.89 Total Project Budget $712,994.28 Construction Base Bid & Add Alter.$2,945,503.50 Construction Contingencies & CMCI $467,440.78 Total Needed for Project $3,412,944.28 Total Needed for Project $3,412,944.28 Current Total Project Budget $712,944.28 Total Project Shortfall $2,700,000.00 General Fund Project construction is expected to last approximately six months and will be contingent upon school classroom operations.       Packet Page. 757 2 0 2 9 Environmental Analysis The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemption allows for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves replacing the previously fire-damaged bridge with a new bridge located on the same site that will serve the same purpose of providing access to the residential neighborhood and replace the elementary school ground that was damaged from the temporary access road. The City has also considered whether the proposed Project is subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons: a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions, none of which are being utilized here. b) The proposed Project would not result in any significant cumulative impacts on the environment. The cumulative impacts exception does not apply because the Project has no incrementally significant impacts on the environment. c) A categorical exemption may be subject to an exception where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed Project does not involve any unusual circumstances and has no potential to result in a significant impact on the environment. d) Under the “scenic highways” exception, a categorical exemption may be subject to an exception where the project may result in damage to scenic resources within a highway officially designated as a state scenic highway. The exception does not apply here as the Project would not damage any scenic resources within a state scenic highway. e) The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. f)The Project site does not contain a historical resource. 2021-2025 Strategic Targets and Goals Authorizing the execution of this agreement aligns with Key Target No. 3: Improved Quality of Life. The completion of this project will improve the community’s quality of life by restoring bridge access to the community, improving local streets, and improving the Fairfax Elementary School Playground.       Packet Page. 758 2 0 2 9 Fiscal Impact An additional $2,700,000 from the General Fund is requested for the construction of this project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution 2024-148: 1. Approving the award of an Agreement with Jilk Heavy Construction, Inc. in the amount of $2,945,503.50 for Cross Street Bridge Replacement and Fairfax Elementary School Playground Restoration (Project); and 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $467,440.78 for construction of the Project; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $2,700,000 from the General Fund to bring the total project budget to $3,412,944.28; and 4. Authorizing the City Manager or designee to execute all documents with Jilk Heavy Construction, Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). Attachments Attachment 1 Resolution No. 2024-148 Attachment 2 Agreement with Jilk Heavy Construction Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Ward: Ward 2 Synopsis of Previous Council Actions: April 19, 2023 Ratify Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company June 26, 2023 Adopt Resolution 2023-090 authorizing the Agency Director Of Administrative Services to amend the FY 2023/24 Capital       Packet Page. 759 2 0 2 9 Improvement Plan, recording supplemental appropriations in the amount of $1,000,000 from the Capital Contingency Reserve Fund for the Cross Street Bridge Project; and $1,040,258 from Measure S for the Genevieve Circuit Lighting Project; and $1,243,294 from Measure S for the Ralston Circuit Lighting Project. October 18, 2023 Amendment No. 1 to Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company, and Approve a Task Order for Design Services for Cross Street Bridge Emergency Replacement.       Packet Page. 760 Resolution No. 2024-148 Resolution 2024-148 July 3, 2024 Page 1 of 4 4 9 9 6 RESOLUTION NO. 2024-148 APPROVING THE AWARD OF AN AGREEMENT WITH JILK HEAVY CONSTRUCTION, INC. IN THE AMOUNT OF $2,945,503.50 FOR CROSS STREET BRIDGE REPLACEMENT AND FAIRFAX ELEMENTARY SCHOOL PLAYGROUND RESTORATION (RESTORATION PROJECT); AND AUTHORIZING THE CONSTRUCTION CONTINGENCIES, CONSTRUCTION MANAGEMENT, AND ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT OF $467,440.78 FOR CONSTRUCTION OF THE PROJECT; AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2023/24 CIP BUDGET WITH AN ADDITIONAL $2,700,000 FROM THE GENERAL FUND TO BRING THE TOTAL PROJECT BUDGET TO $3,412,944.28; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS WITH JILK HEAVY CONSTRUCTION, INC.; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT; AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15302 (“REPLACEMENT OR RECONSTRUCTION”) WHEREAS, the City desires to reconstruct the Cross Street Bridge to restore access to the local neighborhood, and to restore the portion of Fairfax Elementary School playground used as an emergency access road (the “Restoration Project”); and WHEREAS, on April 19, 2023, the Mayor, and City Council ratified a Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company; and WHEREAS, on October 18, 2023, the Mayor, and City Council Approved Amendment No. 1 to Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company, and Approved a Task Order for Design Services for Cross Street Bridge Emergency Replacement; and WHEREAS, the Restoration Project was advertised for public bidding on April 18, 2024 on PlanetBids with the City receiving two sealed bids; and WHEREAS, City staff reviewed the bid packages and determined that Jilk Heavy Construction Inc. was the lowest responsible and responsive bidder.       Packet Page. 761 Resolution No. 2024-148 Resolution 2024-148 July 3, 2024 Page 2 of 4 4 9 9 6 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve the award of an Agreement with Jilk Heavy Construction, Inc. in the amount of $2,945,503.50 for Cross Street Bridge Replacement and Fairfax Elementary School Playground Restoration (Project); and SECTION 3. The Mayor and City Council hereby authorize the construction contingencies, construction management, and administrative costs in the total amount of $467,440.78 for construction of the Project; and SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $2,700,000 from the General Fund to bring the total project budget to $3,412,944.28; and SECTION 5. The Mayor and City Council hereby authorize the City Manager or designee to execute all documents with Jilk Heavy Construction, Inc.; and SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. SECTION 7.The Mayor and City Council finds this Resolution is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemption allows for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves replacement of the previously fire- damaged bridge with a new bridge located on the same site that will serve the same purpose of providing access to the residential neighborhood and replace the elementary school ground that was damaged from the temporary access road. The Mayor and City Council also find this Resolution is also not subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. . SECTION 8.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately.       Packet Page. 762 Resolution No. 2024-148 Resolution 2024-148 July 3, 2024 Page 3 of 4 4 9 9 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of July 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 763 Resolution No. 2024-148 Resolution 2024-148 July 3, 2024 Page 4 of 4 4 9 9 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-148, adopted at a regular meeting held on the 3rd day of July 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk       Packet Page. 764 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -1-00 52 13 – CONTRACT FOR CONSTRUCTION 00 52 13 – CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. SS 23-020 is made and entered into this Third day of July, 2024 by and between the City of San Bernardino , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Jilk Heavy Construction Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: FOR CONSTRUCTION ON CROSS STREET BRIDGE REPLACEMENT@ DEL ROSA CHANNEL (PHASE1) AND FAIRFAX ELEMENTARY SCHOOL PLAYGROUND RESTOREATION (PHASE2) Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 135 days for PHASE1 (NTP2) And Fifty (20) working days for Phase 2 (NTP3) from the commencement date stated in the Notice to Proceed NTP2 and NTP 3 By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. NTP 1 will be issue for material procurement of long lead items without delay after preconstruction meeting. Additionally, shall one or both options be awarded the working days for Phase 1 (NTP2) will be extended administratively accordingly. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million Nine Hundred Forty-Five Thousand Five- Hundred Three Dollars and Fifty Cents ($2,945,503.50). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.       Packet Page. 765 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -2-00 52 13 – CONTRACT FOR CONSTRUCTION ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and everyday completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract. The Contractor shall complete the Work in strict accordance with all of the Contract Documents.       Packet Page. 766 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -3-00 52 13 – CONTRACT FOR CONSTRUCTION All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]       Packet Page. 767 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -4-00 52 13 – CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF SAN BERNARDINO By: Rochelle Clayton Acting City Manger ATTEST: By: Genoveva Rocha, CMC, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney JILK HEAVY CONSTRUCTION, INC. [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT       Packet Page. 768 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -5-00 52 13 – CONTRACT FOR CONSTRUCTION Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above       Packet Page. 769 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -6-00 61 13 – BOND FORMS 00 61 13 – BOND FORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of       Packet Page. 770 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -7-00 61 13 – BOND FORMS Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]       Packet Page. 771 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -8-00 61 13 – BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California)       Packet Page. 772 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -9-00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal.       Packet Page. 773 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -10-00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND       Packet Page. 774 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -11-00 61 13 – BOND FORMS Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement       Packet Page. 775 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -12-00 61 13 – BOND FORMS pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title       Packet Page. 776 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -13-00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal.       Packet Page. 777 CROSS STREET BRIDGE SCHOOL PLAYGROUND RESTORATION -14-00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND       Packet Page. 778 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -15-00 72 00 – GENERAL CONDITIONS 00 72 00 – GENERAL CONDITIONS ARTICLE 1 -TERMS; DEFINITIONS 1.1 Defined Terms A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave. 2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents. 3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract. 4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. 5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. 6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract. 7. Bidder -- The individual or entity who submits a Bid directly to the City. 8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents. 9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”). 10. City’s Representative – The City Engineer, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably       Packet Page. 779 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -16-00 72 00 – GENERAL CONDITIONS 11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 12. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents. 13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents. 14. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs. 15. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment. 16. Contractor -- The individual or entity with which the City has contracted for performance of the Work. 17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City. 18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage. 19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties. 20. Day -- A calendar day of 24 hours measured from midnight to the next midnight. 21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any       Packet Page. 780 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -17-00 72 00 – GENERAL CONDITIONS inspection, reference standard, test, or approval referenced in the Contract Documents. 22. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site. 23. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined. 24. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. 25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. 26. Force Majeure Event -- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive. 28. Holiday – Holidays occur on: New Year’s Day - January 1 Martin Luther King, Jr. Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Veteran’s Day - November 11       Packet Page. 781 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -18-00 72 00 – GENERAL CONDITIONS Thanksgiving Day - Fourth Thursday in November Friday after Thanksgiving Christmas Eve – December 24 Christmas Day - December 25 Day After Christmas – December 26 New Year’s Eve – December 31 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays. 29. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract. 30. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project. 31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run. 32. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 33. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions. 34. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock. 35. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged. 36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. 37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 38. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.       Packet Page. 782 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -19-00 72 00 – GENERAL CONDITIONS 39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044. 41. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site. 42. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work. 43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award. 44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. 45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents. 47. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer. 48. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 1.2 Terminology. A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning. 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment       Packet Page. 783 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -20-00 72 00 – GENERAL CONDITIONS to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied. B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Contract Documents A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents. 2.2 Bonds A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City. 2.3 Evidence of Insurance A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at       Packet Page. 784 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -21-00 72 00 – GENERAL CONDITIONS the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved. 2.4 Execution of the Contract A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract. 2.5 Contractor’s Failure to Perform A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times. 2.6 Commencement of Contract Times; Notice to Proceed A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract. Work shall commence within ten (10) Days of the date stated in the Notice to Proceed. The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed. 2.7 Copies of Documents A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site. 2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Section 00 72 00, Article 6.5. B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21. C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2.       Packet Page. 785 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -22-00 72 00 – GENERAL CONDITIONS 2.9 Preconstruction Conference; Designation of Authorized Representatives. A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records. B. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.10 Subcontractor Mobilization Meeting. A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues. 2.11 Authority of Board; Engineer A. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer. B. The decision of the Engineer is final and binding on all questions relating to: 1. quantities; 2. acceptability of material, equipment, or work; 3. execution, progress or sequence of work; 4. interpretation of the Plans, Specifications, or other Contract Documents; and 5. Any other areas specifically identified in the Contract Documents or under the law. C. Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board. 2.12 Mobilization A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.       Packet Page. 786 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -23-00 72 00 – GENERAL CONDITIONS B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. 2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations. 3. Installing temporary construction power, wiring, and lighting facilities, as applicable. 4. Establishing fire protection system, as applicable. 5. Developing and installing a construction water supply, as applicable. 6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services. 7. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents. 8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 9. Arranging for and erection of Contractor’s work and storage yard. 10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA. 11. Full-time presence of Contractor’s superintendent at the job Site as required herein. 12. Submittal of construction schedule as required by the Contract Documents. ARTICLE 3 -CONTRACT DOCUMENTS; INTENT 3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity,       Packet Page. 787 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -24-00 72 00 – GENERAL CONDITIONS conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements. B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense. 3.2 Intent of Contract Documents A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City. B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project. C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions. D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents. E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.       Packet Page. 788 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -25-00 72 00 – GENERAL CONDITIONS 3.3 Reference Standards. A. Standards, Specifications, Codes, Laws, and Regulations. 1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.4 Reporting and Resolving Discrepancies; Order of Precedence. A. Reporting Discrepancies. 1. The Contract Documents are intended to be fully cooperative and complementary. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City. Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk. B. Order of Precedence. 1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: a. Permits from other agencies as may be required by law.       Packet Page. 789 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -26-00 72 00 – GENERAL CONDITIONS b. Change Orders, most recent first. c. Contract d. Addenda, most recent first e. Special Conditions f. Specifications g. Construction Plans and Drawings (Contract Drawings) h. General Conditions i. Instructions to Bidders j. Notice Inviting Bids k. Contractor’s Bid (Bid Forms) l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded) m. Applicable Local Agency Standards and Specifications n. Standard Drawings o. Reference Documents 2. With reference to the Drawings the order of precedence shall be as follows: a. Figures govern over scaled dimensions. b. Detail drawings govern over general drawings. c. Addenda/Change Order drawings govern over Drawings. d. Contract Drawings govern over Standard Drawings e. Contract Drawings govern over Shop Drawings 3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply. 3.5 Amending and Supplementing Contract Documents. A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:       Packet Page. 790 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -27-00 72 00 – GENERAL CONDITIONS 1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or 2. The City’s issuance of a response to an RFI. C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents. 3.6 Reuse of Documents. A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record. B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 -INDEMNIFICATION; INSURANCE 4.1 Indemnification A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: 1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers. 2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or       Packet Page. 791 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -28-00 72 00 – GENERAL CONDITIONS discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. 3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; 4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. 4.2 Insurance The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences. A.Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies       Packet Page. 792 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -29-00 72 00 – GENERAL CONDITIONS of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work. B.Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C.Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. D.Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured       Packet Page. 793 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -30-00 72 00 – GENERAL CONDITIONS against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. 2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. 5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. E.Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit, and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.       Packet Page. 794 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -31-00 72 00 – GENERAL CONDITIONS F.Builder’s Risk [“All Risk”] 1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work. 2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City. 3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit. 4. In addition, the policy shall meet the following requirements: a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage. G. NOT USED. H. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.       Packet Page. 795 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -32-00 72 00 – GENERAL CONDITIONS I. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. J.Form and Proof of Carriage of Insurance 1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. 2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers. 3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. 4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.       Packet Page. 796 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -33-00 72 00 – GENERAL CONDITIONS 5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. 6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract. 7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy. ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS 5.1 Applicable Laws A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. 5.2 Permits and Licenses A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents. B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents. C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.       Packet Page. 797 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -34-00 72 00 – GENERAL CONDITIONS 5.3 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible. 5.4 Traffic Control A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid. B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work. C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled rights-of-way after working hours unless otherwise approved by the Engineer. 5.5 Safety A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.       Packet Page. 798 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -35-00 72 00 – GENERAL CONDITIONS B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures and shall meet or exceed all City standards in areas where the City must enter to perform inspections. C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws. 5.6 Hazardous Materials A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory. B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City. D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall       Packet Page. 799 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -36-00 72 00 – GENERAL CONDITIONS obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees. 5.7 Sanitary Facilities. A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be always maintained in a sanitary condition. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor. 5.8 Dust Control A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted. 5.9 Air Pollution Control A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. B. Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.       Packet Page. 800 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -37-00 72 00 – GENERAL CONDITIONS 5.10 Water Quality Management and Compliance A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. B. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof. C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit. Before any NOI, PRD, SWPPP, or other Construction General Permit-related       Packet Page. 801 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -38-00 72 00 – GENERAL CONDITIONS document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee. Contractor shall include all costs of compliance with specified requirements in the Contract Price. E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor. F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof. G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law. Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity. 5.11 Environmental Quality Protection A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action,       Packet Page. 802 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -39-00 72 00 – GENERAL CONDITIONS inaction, or negligence by the Contractor, the City becomes subject to non- compliance penalties, the cost of such penalties shall be borne by the Contractor. B. The Contractor shall exercise care to preserve the natural landscape and vegetation and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor. D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws, and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally       Packet Page. 803 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -40-00 72 00 – GENERAL CONDITIONS responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents. 5.12 Excessive Noise A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations, and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. 5.13 Diversion of Recyclable Waste Material A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor. 5.14 Inspector’s Field Office. A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type of lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within 20 Days of the Notice to Proceed. B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.       Packet Page. 804 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -41-00 72 00 – GENERAL CONDITIONS 5.15 Contractor’s Supervision. A. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project. 5.16 Workers. A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. 5.17 Independent Contractors. A. Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work. 5.18 Verification of Employment Eligibility. A. By executing the Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. 5.19 Labor. A. Hours of Work 1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this       Packet Page. 805 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -42-00 72 00 – GENERAL CONDITIONS Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one- half times the basic rate of pay. 2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. 3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. 4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. 5. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance. 6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City: a. Powered Vehicles b. Construction Equipment c. Loading and Unloading Vehicles d. Domestic Power Tools B. Payroll Records; Labor Compliance 1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social       Packet Page. 806 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -43-00 72 00 – GENERAL CONDITIONS Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury. 2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor. 4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following: a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. 5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. 6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.       Packet Page. 807 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -44-00 72 00 – GENERAL CONDITIONS 7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. 8. The responsibility for compliance with this Article shall rest upon the Contractor. C. Prevailing Rates of Wages 1. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. 2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. 3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. D. Public Works Contractor Registration       Packet Page. 808 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -45-00 72 00 – GENERAL CONDITIONS 1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. E. Employment of Apprentices 1. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. 2. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7. F. Nondiscrimination/Equal Employment Opportunity 1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. G. Debarment of Contractors and Subcontractors 1. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment       Packet Page. 809 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -46-00 72 00 – GENERAL CONDITIONS of wages to workers of a debarred subcontractor who has been allowed to work on the Project. 5.20 Subcontracts. A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. B. The City reserves the right to accept all subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 5.21 Progress Meetings A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work. The Contractor, City, and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously. 5.22 Submittals A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process. B. Submittal Procedures. 1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents: a. Submittals must be transmitted electronically.       Packet Page. 810 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -47-00 72 00 – GENERAL CONDITIONS b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal. d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents. e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work. f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission. g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings. h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed. i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process. k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents. 2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor. C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is       Packet Page. 811 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -48-00 72 00 – GENERAL CONDITIONS made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents. 5.23 Shop Drawings and Sample Submittal Procedures. A. Before submitting each Shop Drawing or Sample, Contractor shall have: 1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; 3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation. C. Shop Drawings. 1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents. 2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction. 3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work. 4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include       Packet Page. 812 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -49-00 72 00 – GENERAL CONDITIONS drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement. 5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction. D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection. E. City’s Review. 1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals. 5.24 Record (“As-Built”) Drawings. A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical       Packet Page. 813 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -50-00 72 00 – GENERAL CONDITIONS locations. Said Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer. B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period. Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment. C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings. D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work. 5.25 Layout and Field Engineering. A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed. 5.26 Separate Contracts and Cooperation. A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents. B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily       Packet Page. 814 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -51-00 72 00 – GENERAL CONDITIONS and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site. 5.27 Work Site. A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of- entry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal. C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. 5.28 Utility Usage. A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to       Packet Page. 815 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -52-00 72 00 – GENERAL CONDITIONS compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable, or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments. 5.29 Protection of Work and Property. A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk. B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. D. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall: 1. Enclose the working area with a substantial barricade and arrange work to cause minimum amount of inconvenience and danger to the public. 2. Provide substantial barricades around any shrubs or trees indicated to be preserved. 3. Deliver materials to the Site over a route designated by the City. 4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor.       Packet Page. 816 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -53-00 72 00 – GENERAL CONDITIONS 5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City. Contractor shall not unreasonably encumber the Site with its materials. 6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. 7. Ensure that existing facilities, fences, and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way. 9. At the completion of work each day, leave the Work and the Site in a clean, safe condition. 10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion. E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor. F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs. G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project. 5.30 Emergencies. A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.       Packet Page. 817 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -54-00 72 00 – GENERAL CONDITIONS ARTICLE 6 -MATERIALS; INSPECTION 6.1 Access to Work. A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs. 6.2 Materials. A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor. D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. 6.3 Test and Inspections. A. Inspection and Testing of Work and Materials       Packet Page. 818 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -55-00 72 00 – GENERAL CONDITIONS 1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing, and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. 2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor. 3. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents. 4. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. 5. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs. B. Testing of Materials 1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. 2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. 3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for       Packet Page. 819 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -56-00 72 00 – GENERAL CONDITIONS which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to re- notify the Engineer when samples which are representative may be obtained. 4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not. 5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery. 6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense. 6.4 Requests for Substitutions. A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method, or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein. B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name. C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in       Packet Page. 820 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -57-00 72 00 – GENERAL CONDITIONS the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles. D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests. E. Substantiating data as described above shall include, at a minimum, the following information: 1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit. 2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified. 3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract. 4. Information detailing the durability and lifecycle costs of the proposed substitution. F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package. G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein. H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests. I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.       Packet Page. 821 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -58-00 72 00 – GENERAL CONDITIONS ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES 7.1 Soils Investigations. A. When a soils investigation report for the Site is available, such report is provided for informational purposes only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its Bid and must make whatever tests it deems appropriate to determine the condition of the soil. 7.2 Ownership of Site Materials Found. A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party. 7.3 Existence of Utilities at the Work Site. A. Existing Utilities 1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project. 2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents, or which cannot reasonably be inferred from the presence of other visible facilities. B. Utility Location 1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid       Packet Page. 822 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -59-00 72 00 – GENERAL CONDITIONS interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article. 2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way. 3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.” 4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.” 5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations. 6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved. 7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the       Packet Page. 823 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -60-00 72 00 – GENERAL CONDITIONS information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting. C. Utility Relocation and Repair 1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions. 2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services. 3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages. 4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility. 5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents.       Packet Page. 824 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -61-00 72 00 – GENERAL CONDITIONS 6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work. D. Construction at Existing Utilities 1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. 2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities. 3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work. 7.4 Trenches A. Trenches Five Feet or More in Depth. 1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit. B. Excavations Deeper than Four Feet.       Packet Page. 825 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -62-00 72 00 – GENERAL CONDITIONS 1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions: a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article 9.1 Change Orders and Time Extensions. 3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties. ARTICLE 8 -PROSECUTION OF THE WORK 8.1 Contractor’s Means and Methods. A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. 8.2 Construction Schedule. A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule. Copies are not acceptable. B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The       Packet Page. 826 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -63-00 72 00 – GENERAL CONDITIONS Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City. C. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order. D. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the City: (1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week look- ahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work. E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor. F. Recovery Schedule. 1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the allotted Contract Time:       Packet Page. 827 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -64-00 72 00 – GENERAL CONDITIONS a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work; b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction; c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature. 2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule. 3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non-compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents. 4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence. Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time. 8.3 Time for Completion and Liquidated Damages A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor,       Packet Page. 828 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -65-00 72 00 – GENERAL CONDITIONS for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative, or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather. D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract for Construction, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work. The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.       Packet Page. 829 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -66-00 72 00 – GENERAL CONDITIONS F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions. Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages. 8.4 Contractor’s Responsibility for Work. A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid. 8.5 Occupancy. A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract. 8.6 Securities for Money Withheld A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with       Packet Page. 830 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -67-00 72 00 – GENERAL CONDITIONS a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. 8.7 The City’s Right to Suspend/Terminate the Contract A. Suspension of Work by the City 1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension. Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension. 2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise: a. Immediately discontinue Work on the date and to the extent specified in the notice; b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice; c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and d. Continue to protect and maintain the Work including those portions on which Work has been suspended. 3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract. B. Termination for Cause by the City: 1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or       Packet Page. 831 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -68-00 72 00 – GENERAL CONDITIONS the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations. 2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site. 3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract. C. Termination for Convenience by the City: 1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest. 2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. 3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations: a. Stop Work as specified in the Notice. b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.       Packet Page. 832 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -69-00 72 00 – GENERAL CONDITIONS c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated. e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract. f. Submit to the City's Representative, within ten (10) Days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2. g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City. 4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed. 5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated. 6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.       Packet Page. 833 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -70-00 72 00 – GENERAL CONDITIONS 8.8 Completion and Acceptance of Work A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted. 8.9 Warranty and Guaranty of Work. A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole       Packet Page. 834 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -71-00 72 00 – GENERAL CONDITIONS expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand. C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required. D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor. E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense. G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. H. Acceptance of Defective Work. 1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.       Packet Page. 835 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -72-00 72 00 – GENERAL CONDITIONS I. The City May Correct Defective Work 1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency. 2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work. 3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work. 4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the City correcting Defective Work. J. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15. ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION 9.1 Change Orders and Time Extensions All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and       Packet Page. 836 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -73-00 72 00 – GENERAL CONDITIONS Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties. A. Change in Contract Procedures 1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders. 2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times: a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier. b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable. c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date. To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently. 3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation       Packet Page. 837 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -74-00 72 00 – GENERAL CONDITIONS and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Order Request shall include all of the following information (unless inapplicable to the change): a. A detailed description of the circumstances giving rise to the request; b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors; c. Supporting documentation for all costs; d. A time impact analysis showing the impact of the delay to the critical path to completion; e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and f. Certification to the accuracy of the Change Order Request under penalty of perjury. The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule. The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request. For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination. 4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or       Packet Page. 838 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -75-00 72 00 – GENERAL CONDITIONS savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require. 5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS. Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient. 6. Change Order Format a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights. B. Determining Adjustments to Compensation. 1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The mark-       Packet Page. 839 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -76-00 72 00 – GENERAL CONDITIONS up added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work. 2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed. 3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City. 4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk. 5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and- material work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows: a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.       Packet Page. 840 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -77-00 72 00 – GENERAL CONDITIONS b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less. (i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed. Rental time will not be allowed while equipment is inoperative due to breakdowns. (ii) All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. (iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions: (i) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up. Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request. (ii) For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%)       Packet Page. 841 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -78-00 72 00 – GENERAL CONDITIONS of material costs, and ten percent (10%) of the cost of tools and equipment use. (iii) For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost. (iv) For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub- subcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor. (v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work. (vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above. e. Documentation of Time-and-Material Costs. (i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost. (ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work. f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices: (i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers,       Packet Page. 842 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -79-00 72 00 – GENERAL CONDITIONS architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work; (ii) Office Expenses. Expenses of Contractor’s principal and branch offices; (iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments; (iv) Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; (v) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor; (vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; (vii)Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; (viii) Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods; (ix) Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. (x) Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms,       Packet Page. 843 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -80-00 72 00 – GENERAL CONDITIONS fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums. (xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements. 9.2 Procedure for Resolving Claims. Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law. A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes. B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for: 1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City; 2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or 3. An amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving       Packet Page. 844 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -81-00 72 00 – GENERAL CONDITIONS rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. D.Documentation. The Contractor shall submit all Claims in the following format: 1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made 2. List of documents relating to Claim: a. Specifications b. Drawings c. Clarifications (Requests for Information) d. Schedules e. Other 3. Chronology of events and correspondence 4. Narrative analysis of Claim merit 5. Analysis of Claim cost, including calculations and supporting documents 6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after the City issues its written statement. 1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the       Packet Page. 845 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -82-00 72 00 – GENERAL CONDITIONS Contractor a written statement identifying the disputed portion and the undisputed portion. 2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. F. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute. G. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. 1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article. 3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.       Packet Page. 846 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -83-00 72 00 – GENERAL CONDITIONS 4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. H. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. J. Government Code Claim Procedures. 1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or       Packet Page. 847 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -84-00 72 00 – GENERAL CONDITIONS compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. 3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City. 4.A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article. ARTICLE 10 - MEASUREMENT; PAYMENT 10.1 Cost Breakdown. A. Lump Sum Work. 1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values. B. Unit Price Work. 1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an       Packet Page. 848 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -85-00 72 00 – GENERAL CONDITIONS amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item. 2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid. 3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if: a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and b. there is no corresponding adjustment with respect to any other item of Work; and c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease. 10.2 Progress Estimates and Payment. A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project. B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section C below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request. C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract. 2. Defective work not remedied.       Packet Page. 849 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -86-00 72 00 – GENERAL CONDITIONS 3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor. 4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid. 5. Damage to another contractor or a third party. 6. Amounts which may be due the Count for claims against Contractor. 7. Failure of Contractor to keep the Record Drawings up to date. 8. Failure to provide update on construction schedule as required herein. 9. Site cleanup. 10. Failure to comply with Contract Documents. 11. Liquidated damages. 12. Legally permitted penalties. D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor. E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of Days by which the Engineer exceeds the seven (7) Day requirement. F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City. G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.       Packet Page. 850 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -87-00 72 00 – GENERAL CONDITIONS 10.3 Final Acceptance and Payment A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment. B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract. C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract. D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price. E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to       Packet Page. 851 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -88-00 72 00 – GENERAL CONDITIONS the designated Subcontractor if the payment is consistent with the terms of the subcontract. ARTICLE 11 - MISCELLANEOUS 11.1 Patents. A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract. 11.2 Document Retention & Examination A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment. 11.3 Notice. A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. 11.4 Notice of Third-Party Claims A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification. 11.5 State License Board Notice A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against       Packet Page. 852 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -89-00 72 00 – GENERAL CONDITIONS contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 11.6 Assignment of Contract A. Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. 11.7 Change In Name And Nature Of Contractor’s Legal Entity. A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds. 11.8 Prohibited Interests A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting, or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract. 11.9 Controlling Law A. Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions. 11.10 Jurisdiction; Venue A. Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.       Packet Page. 853 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -90-00 72 00 – GENERAL CONDITIONS 11.11 Cumulative Remedies. A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 11.12 Survival of Obligations. A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 11.13 Headings. A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 11.14 Assignment of Antitrust Actions A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements: 1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. 2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties. 11.15 All Legal Provisions Included A. Contractor shall give all notices and comply with all federal, state, and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws,       Packet Page. 854 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION -91-00 72 00 – GENERAL CONDITIONS ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom. B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules, and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable. C. Contractor acknowledges and understands that pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract. D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting, or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract. E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder.       Packet Page. 855 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 92 00 73 13 – SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS NOT USED. END OF SPECIAL CONDITIONS       Packet Page. 856 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 93 PLANS, DRAWINGS, AND SPECIFICATIONS PROJECT PLANS, DRAWINGS, AND SPECIFICATIONS The following documents are incorporated herein by reference as if set forth in their entirety. 1. Del Rosa Channel Cros Street Bridge Replacement 2. Technical Special Provisions (Civil) for Construction on Cross Street Bridge Replacement @ Del Rosa Channel (Phase 1) and Fairfax Elementary School Playground Restoration (Phase 2)       Packet Page. 857 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 94 APPENDICIES APPENDICIES       Packet Page. 858 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 95 APPENDICIES APPENDIX A – PROJECT LOCATION       Packet Page. 859 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 96 APPENDICIES APPENDIX B – STANDARD DRAWINGS The following documents are incorporated herein by reference as if set forth in their entirety. 1. CoSB Standard DWG 2. Standard Block Wall       Packet Page. 860 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 97 APPENDICIES APPENDIX C – CITY OF SAN BERNARDINO BUSINESS LICENSE FORM       Packet Page. 861 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 98 APPENDICIES APPENDIX D – AS BUILT PLANS The following documents are incorporated herein by reference as if set forth in their entirety. 1. Fairfax ES Gate, Fence 2. Fairfax ES – Irrigation 3. Fairfax ES Electrical 100578 1999 4. Fairfax ES Utilities 5. Street Imp 17th, Cross, Fairfax 6. Street Imp Conejo, Cross       Packet Page. 862 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 99 APPENDICIES APPENDIX E – ADD ALT LOCATION MAP STREET REHAB AND REMOVAL OF TEMP ROAD       Packet Page. 863 CROSS STREET BRIDGE AND FAIRFAX PLAYGROUND RESTORATION 100 APPENDICIES APPENDIX F – SCHOOL CALENDAR       Packet Page. 864 Quantity Unit Unit Price Total Price Unit Price Total Price 1 4" THICK AGGREGATE BASE CY 28 580.00$ 16,240.00$ 835.00$ 23,380.00$ 2 4" THICK ASPHALT PAVEMENT TON 57 490.00$ 27,930.00$ 405.00$ 23,085.00$ 3 6' HIGH CHAIN LINK FENCE L.F.4 1,700.00$ 6,800.00$ 2,000.00$ 8,000.00$ 4 4' WIDE CHAIN LINK GATE EA.1 6,250.00$ 6,250.00$ 6,000.00$ 6,000.00$ 5 REINFORCED CONCRETE DROP MAINTENANCE HOLE E.A.1 15,000.00$ 15,000.00$ 40,000.00$ 40,000.00$ 6 8" VCP SEWER LINE L.F.13 850.00$ 11,050.00$ 2,000.00$ 26,000.00$ 7 14" STEEL PIPE ENCASEMENT AS REQUIRED BY THE SBMWD L.F.5 1,760.00$ 8,800.00$ 3,000.00$ 15,000.00$ 8 12" CONCRETE ENCASEMENT AS REQUIRED BY THE SBMWD LF 2 1,600.00$ 3,200.00$ 1,000.00$ 2,000.00$ 9 MINOR CONCRETE SIDEWALK CY 7 1,350.00$ 9,450.00$ 1,200.00$ 8,400.00$ 10 ROLLED CURB (AC EDGE CONDITION)CY 3 2,425.00$ 7,275.00$ 1,300.00$ 3,900.00$ 11 MINOR CONCRETE (CURB AND GUTTER)CY 6 1,850.00$ 11,100.00$ 2,000.00$ 12,000.00$ 12 REINFORCED CONCRETE RETAINING WALL S.F.234 182.50$ 42,705.00$ 215.00$ 50,310.00$ 13 8" C151 CML D.I.P. CLASS 350 L.F.121 838.00$ 101,398.00$ 505.00$ 61,105.00$ 14 8" C151 CML D.I.P.CLASS 350 ENCASED IN 16 IN PIPE PER SBMWD DETAIL W 6.17 L.F.60 887.00$ 53,220.00$ 755.00$ 45,300.00$ 15 45 DEGREE D.I. ELL M.J.EA.6 1,720.00$ 10,320.00$ 1,225.00$ 7,350.00$ 16 8" FORCE-BALANCED FLEXIBLE EXPANSION JOINT EA.2 3,772.00$ 7,544.00$ 15,000.00$ 30,000.00$ 17 TEMPORARY CHLORINATION AND FLUSHING PORT EA.2 9,690.00$ 19,380.00$ 6,000.00$ 12,000.00$ 18 2" AIR RELEASE /VACUUM VALVE EA.1 3,985.00$ 3,985.00$ 13,000.00$ 13,000.00$ 19 ROADSIDE SIGN - ONE POST EA.2 1,335.00$ 2,670.00$ 1,200.00$ 2,400.00$ 20 ROADWAY EXCAVATION CY 0.5 800.00$ 400.00$ 8,000.00$ 4,000.00$ 21 LOCAL BORROW CY 74 138.00$ 10,212.00$ 800.00$ 59,200.00$ 22 REMOVE ASPHALT PAVEMENT S.F.2,549 6.00$ 15,294.00$ 3.00$ 7,647.00$ 23 REMOVE METAL FENCE L.F.10 75.00$ 750.00$ 145.00$ 1,450.00$ 24 REMOVE 8" SANITARY SEWER L.F.11 295.00$ 3,245.00$ 175.00$ 1,925.00$ 25 REMOVE CHAIN LINK FENCE L.F.21 50.00$ 1,050.00$ 145.00$ 3,045.00$ 26 REMOVE SEWER MANHOLE EA 1 5,000.00$ 5,000.00$ 6,700.00$ 6,700.00$ 27 REMOVE 8" D.I.P WATER LINE L.F.81 105.00$ 8,505.00$ 115.00$ 9,315.00$ 28 ASPHALT CONCRETE DIKE L.F.35 165.00$ 5,775.00$ 150.00$ 5,250.00$ 29 CLEAR AND GRUB LANDSCAPING S.F.1,437 4.00$ 5,748.00$ 15.00$ 21,555.00$ 30 TEMPORARY TRAFFIC CONTROL LS 1 13,600.00$ 13,600.00$ 40,000.00$ 40,000.00$ 31 EROSION CONTROL LS 1 35,320.00$ 35,320.00$ 35,000.00$ 35,000.00$ 32 STRUCTURE EXCAVATION (BRIDGE)CY 846 540.00$ 456,840.00$ 650.00$ 549,900.00$ 33 STRUCTURE BACKFILL (BRIDGE)CY 204 199.25$ 40,647.00$ 750.00$ 153,000.00$ 34 LIGHTWEIGHT FILL (EXPANDED POLYSTYRENE BLOCK)CY 415 275.00$ 114,125.00$ 540.00$ 224,100.00$ 35 GASOLINE RESISTANT GEOMEMBRANE SY 152 88.00$ 13,376.00$ 55.00$ 8,360.00$ 36 36" CAST-IN-DRILLED-HOLE CONCRETE PILING LF 172 837.00$ 143,964.00$ 1,200.00$ 206,400.00$ 37 STRUCTURAL CONCRETE, BRIDGE FOOTING CY 124 2,520.00$ 312,480.00$ 3,620.00$ 448,880.00$ 38 STRUCTURAL CONCRETE, APPROACH SLAB (TYPE EQ)CY 25 1,620.00$ 40,500.00$ 2,500.00$ 62,500.00$ 39 FURNISH PRECAST PRESTRESSED CONCRETE SLAB (TYPE SIII)SF 1280 143.50$ 183,680.00$ 110.00$ 140,800.00$ 40 ERECT PRECAST PRESTRESSED CONCRETE DECK UNIT EA 8 3,200.00$ 25,600.00$ 8,200.00$ 65,600.00$ 41 JOINT SEAL (TYPE A MR)LF 70 97.00$ 6,790.00$ 200.00$ 14,000.00$ 42 BAR REINFORCING STEEL (BRIDGE)LB 23400 2.72$ 63,648.00$ 3.00$ 70,200.00$ 43 FURNISH POLYESTER CONCRETE OVERLAY CF 120 143.75$ 17,250.00$ 275.00$ 33,000.00$ 44 PLACE POLYESTER CONCRETE OVERLAY SF 960 142.50$ 136,800.00$ 35.00$ 33,600.00$ 45 BRIDGE REMOVAL LS 1 59,000.00$ 59,000.00$ 80,000.00$ 80,000.00$ 46 MISCELLANEOUS METAL (TIE ROD)LB 1300 11.50$ 14,950.00$ 5.00$ 6,500.00$ 47 CHAIN LINK RAILING TYPE 7 LF 200 332.00$ 66,400.00$ 265.00$ 53,000.00$ 48 CONCRETE BARRIER (TYPE 732SW MODIFIED)LF 60 925.00$ 55,500.00$ 700.00$ 42,000.00$ 49 CONCRETE BARRIER (TYPE 836)LF 60 807.00$ 48,420.00$ 700.00$ 42,000.00$ 50 PRESTRESSING (TRANSVERSE TIE ROD)LS 1 21,200.00$ 21,200.00$ 30,000.00$ 30,000.00$ 51 MOBILIZATION LS 1 149,600.00$ 149,600.00$ 590,000.00$ 590,000.00$ 2,439,986.00$ 3,438,157.00$ BID TABULATION BID SCHEDULE 1 Total BASE BID (BID ITEMS # 1-51) 1. BID TABULATION PROJECT NAME: CROSS STREET BRIDGE REPLACEMENT AND FAIRFAX ELEMENTARY SCHOOL PLAYGROUND RESTORATION PROJECT NO: SS 23-020 RFQ F-24-4003 Bid Item and Description Jilk Heavy Construction Inc. Brea, CA Riverside Construction Company Inc. Riverside, CA S:\ENGINEERING\RFCA's\2024 All\7.3.24\Cross Street Bridge\Cross Street Bridge. BID ANALYSISBID TABULATION 1 of 2       Packet Page. 865 Quantity Unit Unit Price Total Price Unit Price Total Price BID TABULATION 1. BID TABULATION PROJECT NAME: CROSS STREET BRIDGE REPLACEMENT AND FAIRFAX ELEMENTARY SCHOOL PLAYGROUND RESTORATION PROJECT NO: SS 23-020 RFQ F-24-4003 Bid Item and Description Jilk Heavy Construction Inc. Brea, CA Riverside Construction Company Inc. Riverside, CA 1 Mobilization LS 1 8,500.00$ 8,500.00$ 15,000.00$ 15,000.00$ 2 Traffic Control LS 1 17,000.00$ 17,000.00$ 8,000.00$ 8,000.00$ 3 Stormwater pollution prevention and NPDES compliance LS 1 15,200.00$ 15,200.00$ 2,500.00$ 2,500.00$ 4 Remove and dispose of 3”/4” base Temp Asphalt Concrete section without damaging the AC below the Temp AC.SF 9856 7.25$ 71,456.00$ 4.50$ 44,352.00$ 5 Remove, Salvage and Re-install Chain-link single gate and install second gate to be provided by the SBCUSD and per plans LS 2 4,165.00$ 8,330.00$ 7,500.00$ 15,000.00$ 6 Hydroseed per limits provided and protect existing irrigation.SF 58714 0.25$ 14,678.50$ 0.25$ 14,678.50$ 7 Remove existing temporary K-Rail, fence, and TS- 11 Barrels. Contractor to call Onix to pick up and pay for additional 6 months of rental need to check with Onyx LS 1 30,700.00$ 30,700.00$ 60,000.00$ 60,000.00$ 8 Remove and Salvage solar Street Lights re- install per exhibit or per engineers’ direction.EA 3 2,475.00$ 7,425.00$ 20,000.00$ 60,000.00$ 9 Install 6-foot chain-link fence per details provided.LF 20 464.00$ 9,280.00$ 250.00$ 5,000.00$ 10 Install 6-FT, 20 wide Drive Gates details provided. One gate will be provided by the SBCUSD EA 2 12,600.00$ 25,200.00$ 6,500.00$ 13,000.00$ 11 Install 6-foot masonry wall with mortar cap per detail included. Match existing block, foundation, and color.LF 32 1,015.00$ 32,480.00$ 650.00$ 20,800.00$ 12 Install blue dot at FH SBMWD std. W6.3 (17th street)EA 1 115.00$ 115.00$ 100.00$ 100.00$ 13 Apply Seal Coat to existing AC per limits on the plans.SF 60,540 0.55$ 33,297.00$ 0.35$ 21,189.00$ 14 Relocate Existing fence per details provide and per plan LF 67 310.00$ 20,770.00$ 400.00$ 26,800.00$ 15 Re-stripe playground in kind LF 2000 6.50$ 13,000.00$ 8.00$ 16,000.00$ 307,431.50$ 322,419.50$ Jilk Heavy Construction Inc. Riverside Construction Company Inc. $2,747,417.50 $3,760,576.50 $2,747,417.50 $3,760,576.50 $0.00 $0.00 A1.1 MOBILIZATION LS 1 9,000.00$ 9,000.00$ 15,000.00$ 15,000.00$ A1.2 Traffic Control LS 1 9,500.00$ 9,500.00$ 5,000.00$ 5,000.00$ A1.3 COLD MILL 1.5” AND CONSTRUCT 1.5” AC OVERLAY UNIFORM DEPTH EXISTING AC – FULL STREET WIDTH on Cross street SF 8000 6.35$ 50,800.00$ 6.00$ 48,000.00$ A1.4 Construct concrete gutter. remove existing AC as needed and construct cross gutter.SF 72 284.00$ 20,448.00$ 100.00$ 7,200.00$ 89,748.00$ 75,200.00$ A2.1 Mobilization LS 1 9,000.00$ 9,000.00$ 15,000.00$ 15,000.00$ A2.2 Traffic Control LS 1 9,500.00$ 9,500.00$ 5,000.00$ 5,000.00$ A2.3 COLD MILL 1.5” AND CONSTRUCT 1.5” AC OVERLAY UNIFORM DEPTH EXISTING AC – FULL STREET WIDTH on N Fairfax Dr.SF 15624 5.75$ 89,838.00$ 6.00$ 93,744.00$ 108,338.00$ 113,744.00$ $198,086.00 $188,944.00 $2,945,503.50 $3,949,520.50 BID RANKING TOTAL BID AMOUNT INDICATED BY BIDDER BID SCHEDULE 2 Total BASE BID (BID ITEMS # 1-15) TOTAL ADDITIVE ALTERNATE #1 CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT ADDITIVE ALTERNATE #1 & #2 TOTAL BASE BID + ADDITIVE ALTERNATVE #1 & #2 TOTAL TOTAL ADDITIVE ALTERNATE #2 ADDITIVE ALTERNATE #2 ADDITIVE ALTERNATE #1 TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES S:\ENGINEERING\RFCA's\2024 All\7.3.24\Cross Street Bridge\Cross Street Bridge. BID ANALYSISBID TABULATION 2 of 2       Packet Page. 866       Packet Page. 867       Packet Page. 868       Packet Page. 869       Packet Page. 870       Packet Page. 871       Packet Page. 872       Packet Page. 873       Packet Page. 874       Packet Page. 875       Packet Page. 876       Packet Page. 877       Packet Page. 878       Packet Page. 879       Packet Page. 880       Packet Page. 881       Packet Page. 882       Packet Page. 883       Packet Page. 884       Packet Page. 885       Packet Page. 886       Packet Page. 887       Packet Page. 888       Packet Page. 889       Packet Page. 890       Packet Page. 891       Packet Page. 892       Packet Page. 893       Packet Page. 894       Packet Page. 895       Packet Page. 896       Packet Page. 897       Packet Page. 898       Packet Page. 899       Packet Page. 900       Packet Page. 901       Packet Page. 902       Packet Page. 903       Packet Page. 904       Packet Page. 905       Packet Page. 906       Packet Page. 907       Packet Page. 908       Packet Page. 909       Packet Page. 910       Packet Page. 911       Packet Page. 912       Packet Page. 913       Packet Page. 914       Packet Page. 915       Packet Page. 916       Packet Page. 917 Attachment 5 Location Map 800 ft N Cross Street Bridge Restora�on Area       Packet Page. 918 2 0 2 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works, Operations and Maintenance Department:Public Works Subject:Award of Agreement for Construction of Speicher Park- East Side Skate Park (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-149: 1. Approving the award of an Agreement with Grindline Skate Parks, Inc. in the amount of $1,031,932.88 for Speicher Park- East Side Skate Park (Project); and 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $155,847.12 for construction of the Project; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $415,000 from the AB 1600 Parkland and Op Fund to bring the total project budget to $1,187,780.00; and 4. Authorizing the City Manager or designee to execute all documents with Grindline Skate Parks Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). Executive Summary: Awarding the Agreement for construction of the Speicher Park- East Side Skate       Packet Page. 919 2 0 2 2 Park Project would allow the construction of park amenities, returning the park to a safe and an attractive condition. The Agreement would allow the City to issue Grindline Skate Parks Inc. a Notice to Proceed, initiating the process to construct the East Side Skate Park. The agreement will include Grindline Skate Parks’ Base Bid and Additive Alternate construction cost of $1,031,932.88. Additional funds are recommended for construction contingencies and construction management costs for a total of $155,847.12 The total cost of construction, construction management, and construction contingencies is $1,187,780.00. Approving an additional $415,000 from the AB 1600 Parkland and Op Fund will fund the project. Background The Speicher Park eastside skate park located at Speicher Memorial Park was vandalized on two different occasions. A fire destroyed most of the skate park amenities and as a result, Public Works staff removed the remaining pieces of the skate park and closed it to the public in March 2022. On November 2, 2022, a design services agreement was awarded to New Line Skateparks FL, INC to redesign the skate park at Speicher Park with an amount of $106,500.00. As part of the concept design phase, staff coordinated two community outreach meetings in November 2022 and January 2023 to receive community feedback regarding the proposed improvements. Furthermore, additional surveys were published online in December 2022 and January 2023 seeking community input. The community outreach helped staff determine the key design parameters for the proposed facility. Additional funding for the project was later approved by the Mayor and City Council on May 17, 2023, in the amount of $230,000 from the AB 1600 Parkland and Op Fund. It was stated that a final budget would be presented to the Mayor and City Council at a later date after the construction bids are received. Discussion The Project was advertised for public bidding on March 27, 2024, on PlanetBids, Three sealed bids were received, and opened on April 23, 2024, as follows: Bidder City Base Bid Grindline Skate Parks FL, Inc.Seattle, WA $896,009.99 California Skate Parks Upland, CA $1,087,450.00 C.S. Legacy Construction, Inc.Walnut, CA $,1,272,059.93 Staff has reviewed all bid packages and determined that Grindline Skate Parks Inc. of Seattle, Washington, is the lowest responsible and responsive bidder with a total Base Bid amount of $896,009.99. Staff also recommend award of Additive Alternate No. 1, which includes an entry plaza with seating, a shade structure, and additional skateable feature for a cost of $135,922.89. The total construction cost of the Base Bid and Additive Alternate No. 1 is $1,031,932.88.       Packet Page. 920 2 0 2 2 Additional funding is also recommended for construction contingencies, construction management, and administrative costs in the amount of $155,847.12. The total cost of construction, construction contingencies, construction management, and administrative costs is $1,187,780.00. Funding for the Project was previously established in FY 2023/24 CIP budget through a combination of Measure S and AB 1600 Park and Op funds. An additional $415,000 is requested from available AB 1600 Parkland and Op funds to complete the project. Please see below for breakdown of funding and expenses: Detail Amount Funding Project Budget Adopted $650,000.00 Measure S Design Services to Newline Skateparks LLC. -$106,500.00 Concept Plan & Add Alternate $230,000.00 AB 1600 Parkland Op New Total $773,500.00 Project Advertisement -$750.00 Current Total Project Budget $772,780.00 Construction Base Bid & Add Alter.$1,031,932.88 Construction Contingencies & CMCI $155,847.12 Total Needed for Project $1,187,780.00 Total Needed for Project $1,187,780.00 Current Total Project Budget $772,780.00 Total Project Shortfall $415,000.00 AB 1600 Parkland Op Environmental Impact The Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allows for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves reconstructing the previously fire-damaged skate park with new structures located on the same site that will serve as the new skate park. The City has also considered whether the proposed Project is subject to any       Packet Page. 921 2 0 2 2 exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception applies for the following reasons: a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions, none of which are being utilized here. b) The proposed Project would not result in any significant cumulative impacts on the environment. The cumulative impacts exception does not apply because the Project has no incrementally significant impacts on the environment. c) A categorical exemption may be subject to an exception where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The proposed Project does not involve any unusual circumstances and has no potential to result in a significant impact on the environment. d) Under the “scenic highways” exception, a categorical exemption may be subject to an exception where the project may result in damage to scenic resources within a highway officially designated as a state scenic highway. The exception does not apply here as the Project would not damage any scenic resources within a state scenic highway. e) The Project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. f) The Project site does not contain a historical resource. 2021-2025 Strategic Targets and Goals Authorizing the execution of this agreement aligns with Key Target No. 3: Improved Quality of Life. The completion of this project will improve the community’s quality of life by providing safe and well-maintained skate park facilities. Fiscal Impact There is no General Fund impact associated with this action. Fund balance for the AB 1600 Parkland and Op fund is currently $4.4 million. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-149: 1. Approving the award of an Agreement with Grindline Skate Parks, Inc. in the amount of $1,031,932.88 for Speicher Park- East Side Skate Park (Project); and       Packet Page. 922 2 0 2 2 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $155,847.12 for construction of the Project; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $415,000 from the AB 1600 Parkland and Op Fund to bring the total project budget to $1,187,780.00; and 4. Authorizing the City Manager or designee to execute all documents with Grindline Skate Parks Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). Attachments Attachment 1 Resolution No. 2024-149 Attachment 2 Agreement with Grindline Skate Parks Inc. Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Ward: Ward 2 Synopsis of Previous Council Actions: June 1, 2022, Mayor, and City Council adopted Resolution No. 2022-102 approving the FY 2023 and 2024 Operating Budget and Capital Improvement Program FY 2023-2027 November 2, 2022, Mayor, and City Council awarded a Design Services Agreement with New Line Skate Parks FL, Inc. for Skate Park design at Speicher Park May 17, 2023 Mayor, and City Council adopted resolution 2023-072 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park Improvements at Speicher Park.       Packet Page. 923 Resolution No. 2024-149 Resolution 2024-149 July 3, 2024 Page 1 of 4 4 9 3 5 RESOLUTION NO. 2024-149 APPROVING THE AWARD OF AN AGREEMENT WITH GRINDLINE SKATE PARKS INC. IN THE AMOUNT OF $1,031,932.88 FOR SPEICHER PARK- EAST SIDE SKATE PARK (PROJECT); AUTHORIZING THE CONSTRUCTION CONTINGENCIES, CONSTRUCTION MANAGEMENT, AND ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT OF $155,847.12 FOR CONSTRUCTION OF THE PROJECT; AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2024/25 CIP BUDGET WITH AN ADDITIONAL $415,000 FROM THE AB 1600 PARKLAND AND OP FUND TO BRING THE TOTAL PROJECT BUDGET TO $1,187,780.00; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS WITH GRINDLINE SKATE PARKS INC.; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT; AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15302 (“REPLACEMENT OR RECONSTRUCTION”). WHEREAS, the City desires to improve the Speicher Park East Side Skate Park amenities to improve community engagement, physical activity, and social interaction (the “Speicher Project”; and WHEREAS, on June 1, 2022, the Mayor, and City Council adopted Resolution No. 2022- 102 approving the FY 2023 and 2024 Operating Budget and Capital Improvement Program FY 2023-2027; and WHEREAS, on November 2, 2022, the Mayor, and City Council awarded a Design Services Agreement with New Line Skate Parks FL, Inc. for Skate Park design at Speicher Park; and WHEREAS, on May 17, 2023, the Mayor, and City Council adopted resolution 2023-072 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park Improvements at Speicher Park awarded a Design Services Agreement with New Line Skate Parks FL, Inc. for Skate Park design at Speicher Park; and       Packet Page. 924 Resolution No. 2024-149 Resolution 2024-149 July 3, 2024 Page 2 of 4 4 9 3 5 WHEREAS, the Speicher Project was advertised for public bidding on March 27, 2024, on PlanetBids with the City receiving three sealed bids; and WHEREAS, City staff reviewed all bid packages and determined that Grindline Skate Parks Inc. was the lowest responsible and responsive bidder. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve the award of an Agreement with Grindline Skate Parks Inc. in the amount of $1,031,932.88 for Speicher Park- East Side Skate Park (Project); and SECTION 3. The Mayor and City Council hereby authorize the construction contingencies, construction management, and administrative costs in the total amount of $155,847.12 for construction of the Project; and SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $415,000 from the AB 1600 Parkland and Op Fund to bring the total project budget to $1,187,780.00; and SECTION 5. The Mayor and City Council hereby authorize the City Manager or designee to execute all documents with Grindline Skate Parks Inc.; and SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. SECTION 7.The Mayor and City Council finds this Resolution is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allows for the replacement or reconstruction of existing structures or facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the Project involves reconstructing the previously fire-damaged skate park with new structures located on the same site that will serve as the new skate park. The Mayor and City Council also find this Resolution is also not subject to any exception to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. . SECTION 8.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately.       Packet Page. 925 Resolution No. 2024-149 Resolution 2024-149 July 3, 2024 Page 3 of 4 4 9 3 5 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of July 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 926 Resolution No. 2024-149 Resolution 2024-149 July 3, 2024 Page 4 of 4 4 9 3 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-149, adopted at a regular meeting held on the 3rd day of July 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk       Packet Page. 927 Speicher Park – East Side Skate Park -1-00 52 13 – CONTRACT FOR CONSTRUCTION 00 52 13 – CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. PR 23-003 is made and entered into this Third day of July, 2024 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Grindline Skate Park, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Speicher Park – East Side Skate Park Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 180 CALENDAR DAYS from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Thirty-One Thousand Nine Hundred Thirty- Two Dollars and Eighty-Eight Cents ($1,031,932.88). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the       Packet Page. 928 Speicher Park – East Side Skate Park -2-00 52 13 – CONTRACT FOR CONSTRUCTION Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following WITH APPENDICES: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract Appendix A – City of San Bernardino Business Registration Application Form Appendix B – Construction 4’ X 8’ Project Signs Appendix C – Location Map The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.       Packet Page. 929 Speicher Park – East Side Skate Park -3-00 52 13 – CONTRACT FOR CONSTRUCTION ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]       Packet Page. 930 Speicher Park – East Side Skate Park -4-00 52 13 – CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF SAN BERNARDINO By: Rochelle Clayton Acting City Manger ATTEST: By: Genoveva Rocha, CMC, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney GRINDLINE SKATE PARKS, INC. [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT       Packet Page. 931 Speicher Park – East Side Skate Park -5-00 52 13 – CONTRACT FOR CONSTRUCTION Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above       Packet Page. 932 Speicher Park – East Side Skate Park -6-00 61 13 – BOND FORMS 00 61 13 – BOND FORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s       Packet Page. 933 Speicher Park – East Side Skate Park -7-00 61 13 – BOND FORMS obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]       Packet Page. 934 Speicher Park – East Side Skate Park -8-00 61 13 – BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California)       Packet Page. 935 Speicher Park – East Side Skate Park -9-00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal.       Packet Page. 936 Speicher Park – East Side Skate Park -10-00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND       Packet Page. 937 Speicher Park – East Side Skate Park -11-00 61 13 – BOND FORMS Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or       Packet Page. 938 Speicher Park – East Side Skate Park -12-00 61 13 – BOND FORMS pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title       Packet Page. 939 Speicher Park – East Side Skate Park -13-00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal.       Packet Page. 940 Speicher Park – East Side Skate Park -14-00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ￿Individual DESCRIPTION OF ATTACHED DOCUMENT ￿Corporate Officer Title(s)Title or Type of Document Partner(s)￿Limited￿ ￿General Number of Pages ￿Attorney-In-Fact ￿Trustee(s) ￿Guardian/Conservator Date of Document ￿Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND       Packet Page. 941 Speicher Park – East Side Skate Park -15-00 72 00 – GENERAL CONDITIONS 00 72 00 – GENERAL CONDITIONS ARTICLE 1 -TERMS; DEFINITIONS 1.1 Defined Terms A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave. 2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents. 3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract. 4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. 5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. 6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract. 7. Bidder -- The individual or entity who submits a Bid directly to the City. 8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents. 9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”). 10. City’s Representative – The City Engineer, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably.       Packet Page. 942 Speicher Park – East Side Skate Park -16-00 72 00 – GENERAL CONDITIONS 11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 12. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents. 13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents. 14. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs. 15. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment. 16. Contractor -- The individual or entity with which the City has contracted for performance of the Work. 17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City. 18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage. 19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties. 20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.       Packet Page. 943 Speicher Park – East Side Skate Park -17-00 72 00 – GENERAL CONDITIONS 21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents. 22. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site. 23. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined. 24. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. 25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. 26. Force Majeure Event -- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive. 28. Holiday – Holidays occur on: New Year’s Day - January 1 President’s Day – Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4       Packet Page. 944 Speicher Park – East Side Skate Park -18-00 72 00 – GENERAL CONDITIONS Labor Day - First Monday in September Veteran’s Day - November 11 Thanksgiving Day - Fourth Thursday in November Friday after Thanksgiving Christmas Eve – December 24 Christmas Day - December 25 Day After Christmas – December 26 New Year’s Eve – December 31 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays. 29. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract. 30. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project. 31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run. 32. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 33. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions. 34. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock. 35. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged. 36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. 37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 38. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.       Packet Page. 945 Speicher Park – East Side Skate Park -19-00 72 00 – GENERAL CONDITIONS 39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044. 41. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site. 42. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work. 43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award. 44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. 45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents. 47. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer. 48. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 1.2 Terminology. A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.       Packet Page. 946 Speicher Park – East Side Skate Park -20-00 72 00 – GENERAL CONDITIONS 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied. B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Contract Documents A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents. 2.2 Bonds A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City. 2.3 Evidence of Insurance A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the       Packet Page. 947 Speicher Park – East Side Skate Park -21-00 72 00 – GENERAL CONDITIONS required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved. 2.4 Execution of the Contract A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract. 2.5 Contractor’s Failure to Perform A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times. 2.6 Commencement of Contract Times; Notice to Proceed A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract. Work shall commence within ten (10) Days of the date stated in the Notice to Proceed. The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed. 2.7 Copies of Documents A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site. 2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Section 00 72 00, Article 6.5. B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21. C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2.       Packet Page. 948 Speicher Park – East Side Skate Park -22-00 72 00 – GENERAL CONDITIONS 2.9 Preconstruction Conference; Designation of Authorized Representatives. A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records. B. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.10 Subcontractor Mobilization Meeting. A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues. 2.11 Authority of Board; Engineer A. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer. B. The decision of the Engineer is final and binding on all questions relating to: 1. quantities; 2. acceptability of material, equipment, or work; 3. execution, progress or sequence of work; 4. interpretation of the Plans, Specifications, or other Contract Documents; and 5. Any other areas specifically identified in the Contract Documents or under the law. C. Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board. 2.12 Mobilization A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.       Packet Page. 949 Speicher Park – East Side Skate Park -23-00 72 00 – GENERAL CONDITIONS B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. 2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations. 3. Installing temporary construction power, wiring, and lighting facilities, as applicable. 4. Establishing fire protection system, as applicable. 5. Developing and installing a construction water supply, as applicable. 6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services. 7. Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents. 8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 9. Arranging for and erection of Contractor’s work and storage yard. 10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA. 11. Full-time presence of Contractor’s superintendent at the job Site as required herein. 12. Submittal of construction schedule as required by the Contract Documents. ARTICLE 3 -CONTRACT DOCUMENTS; INTENT 3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity,       Packet Page. 950 Speicher Park – East Side Skate Park -24-00 72 00 – GENERAL CONDITIONS conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements. B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense. 3.2 Intent of Contract Documents A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City. B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project. C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions. D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents. E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.       Packet Page. 951 Speicher Park – East Side Skate Park -25-00 72 00 – GENERAL CONDITIONS 3.3 Reference Standards. A. Standards, Specifications, Codes, Laws, and Regulations. 1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.4 Reporting and Resolving Discrepancies; Order of Precedence. A. Reporting Discrepancies. 1. The Contract Documents are intended to be fully cooperative and complementary. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City. Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk. B. Order of Precedence. 1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: a. Permits from other agencies as may be required by law       Packet Page. 952 Speicher Park – East Side Skate Park -26-00 72 00 – GENERAL CONDITIONS b. Change Orders, most recent first c. Contract d. Addenda, most recent first e. Special Conditions f. Specifications g. Construction Plans and Drawings(Contract Drawings) h. General Conditions i. Instructions to Bidders j. Notice Inviting Bids k. Contractor’s Bid (Bid Forms) l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded) m. Applicable Local Agency Standards and Specifications n. Standard Drawings o. Reference Documents 2. With reference to the Drawings the order of precedence shall be as follows: a. Figures govern over scaled dimensions b. Detail drawings govern over general drawings c. Addenda/Change Order drawings govern over Drawings d. Contract Drawings govern over Standard Drawings e. Contract Drawings govern over Shop Drawings 3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply. 3.5 Amending and Supplementing Contract Documents. A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:       Packet Page. 953 Speicher Park – East Side Skate Park -27-00 72 00 – GENERAL CONDITIONS 1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or 2. The City’s issuance of a response to an RFI. C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents. 3.6 Reuse of Documents. A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record. B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 -INDEMNIFICATION; INSURANCE 4.1 Indemnification A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: 1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers. 2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under       Packet Page. 954 Speicher Park – East Side Skate Park -28-00 72 00 – GENERAL CONDITIONS the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. 3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; 4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. 4.2 Insurance The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences. A.Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional       Packet Page. 955 Speicher Park – East Side Skate Park -29-00 72 00 – GENERAL CONDITIONS Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work. B.Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C.Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. D.Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including       Packet Page. 956 Speicher Park – East Side Skate Park -30-00 72 00 – GENERAL CONDITIONS but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. 2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. 5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. E.Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any       Packet Page. 957 Speicher Park – East Side Skate Park -31-00 72 00 – GENERAL CONDITIONS insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. F.Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. G.Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work, Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily injury and property damage. H. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof. I. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. J.Form and Proof of Carriage of Insurance 1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. 2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect       Packet Page. 958 Speicher Park – East Side Skate Park -32-00 72 00 – GENERAL CONDITIONS coverage provided to the City, its officials, officers, agents, employees, and volunteers. 3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. 4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. 5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. 6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract. 7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy. ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS 5.1 Applicable Laws A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise       Packet Page. 959 Speicher Park – East Side Skate Park -33-00 72 00 – GENERAL CONDITIONS expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. 5.2 Permits and Licenses A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents. B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents. C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City. 5.3 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible. 5.4 Traffic Control A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid. B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work.       Packet Page. 960 Speicher Park – East Side Skate Park -34-00 72 00 – GENERAL CONDITIONS C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty- eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer. 5.5 Safety A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections. C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws. 5.6 Hazardous Materials A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the       Packet Page. 961 Speicher Park – East Side Skate Park -35-00 72 00 – GENERAL CONDITIONS Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory. B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City. D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees. 5.7 Sanitary Facilities. A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor. 5.8 Dust Control A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control       Packet Page. 962 Speicher Park – East Side Skate Park -36-00 72 00 – GENERAL CONDITIONS suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted. 5.9 Air Pollution Control A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. B. Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents. 5.10 Water Quality Management and Compliance A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. B. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof. C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale.       Packet Page. 963 Speicher Park – East Side Skate Park -37-00 72 00 – GENERAL CONDITIONS Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit. Before any NOI, PRD, SWPPP, or other Construction General Permit-related document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee. Contractor shall include all costs of compliance with specified requirements in the Contract Price. E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor. F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof. G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law. Notwithstanding any other indemnity contained in these Contract Documents,       Packet Page. 964 Speicher Park – East Side Skate Park -38-00 72 00 – GENERAL CONDITIONS Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity. 5.11 Environmental Quality Protection A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to non- compliance penalties, the cost of such penalties shall be borne by the Contractor. B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.       Packet Page. 965 Speicher Park – East Side Skate Park -39-00 72 00 – GENERAL CONDITIONS D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents. 5.12 Excessive Noise A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. 5.13 Diversion of Recyclable Waste Material A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion       Packet Page. 966 Speicher Park – East Side Skate Park -40-00 72 00 – GENERAL CONDITIONS ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor. 5.14 Inspector’s Field Office. A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within 20 Days of the Notice to Proceed. B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal. 5.15 Contractor’s Supervision. A. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project. 5.16 Workers. A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. 5.17 Independent Contractors. A. Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.       Packet Page. 967 Speicher Park – East Side Skate Park -41-00 72 00 – GENERAL CONDITIONS 5.18 Verification of Employment Eligibility. A. By executing the Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. 5.19 Labor. A. Hours of Work 1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. 3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. 4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City.       Packet Page. 968 Speicher Park – East Side Skate Park -42-00 72 00 – GENERAL CONDITIONS 5. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance. 6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City: a. Powered Vehicles b. Construction Equipment c. Loading and Unloading Vehicles d. Domestic Power Tools B. Payroll Records; Labor Compliance 1. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury. 2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor.       Packet Page. 969 Speicher Park – East Side Skate Park -43-00 72 00 – GENERAL CONDITIONS 4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following: a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. 5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. 6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. 7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. 8. The responsibility for compliance with this Article shall rest upon the Contractor. C. Prevailing Rates of Wages 1. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem       Packet Page. 970 Speicher Park – East Side Skate Park -44-00 72 00 – GENERAL CONDITIONS wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. 2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. 3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. D. Public Works Contractor Registration 1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. E. Employment of Apprentices 1. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. 2. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 3. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.       Packet Page. 971 Speicher Park – East Side Skate Park -45-00 72 00 – GENERAL CONDITIONS F. Nondiscrimination/Equal Employment Opportunity 1. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. G. Debarment of Contractors and Subcontractors 1. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. 5.20 Subcontracts. A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. B. The City reserves the right to accept all subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. 5.21 Progress Meetings A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work. The Contractor, City, and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The       Packet Page. 972 Speicher Park – East Side Skate Park -46-00 72 00 – GENERAL CONDITIONS City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously. 5.22 Submittals A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process. B. Submittal Procedures. 1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents: a. Submittals must be transmitted electronically. b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal. d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents. e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work. f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission. g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s       Packet Page. 973 Speicher Park – East Side Skate Park -47-00 72 00 – GENERAL CONDITIONS review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings. h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed. i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process. k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents. 2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor. C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents. 5.23 Shop Drawings and Sample Submittal Procedures. A. Before submitting each Shop Drawing or Sample, Contractor shall have: 1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; 3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the       Packet Page. 974 Speicher Park – East Side Skate Park -48-00 72 00 – GENERAL CONDITIONS Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation. C. Shop Drawings. 1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents. 2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction. 3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work. 4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement. 5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction. D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection. E. City’s Review. 1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means,       Packet Page. 975 Speicher Park – East Side Skate Park -49-00 72 00 – GENERAL CONDITIONS method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals. 5.24 Record (“As-Built”) Drawings. A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. Said Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer. B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period. Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment. C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings. D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work.       Packet Page. 976 Speicher Park – East Side Skate Park -50-00 72 00 – GENERAL CONDITIONS 5.25 Layout and Field Engineering. A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed. 5.26 Separate Contracts and Cooperation. A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents. B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site. 5.27 Work Site. A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of- entry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all       Packet Page. 977 Speicher Park – East Side Skate Park -51-00 72 00 – GENERAL CONDITIONS debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal. C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. 5.28 Utility Usage. A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments. 5.29 Protection of Work and Property. A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk. B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection       Packet Page. 978 Speicher Park – East Side Skate Park -52-00 72 00 – GENERAL CONDITIONS of workers and the public, and shall post danger signs warning against hazards created in the course of construction. C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. D. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall: 1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2. Provide substantial barricades around any shrubs or trees indicated to be preserved. 3. Deliver materials to the Site over a route designated by the City. 4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor. 5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City. Contractor shall not unreasonably encumber the Site with its materials. 6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. 7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way. 9. At the completion of work each day, leave the Work and the Site in a clean, safe condition. 10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.       Packet Page. 979 Speicher Park – East Side Skate Park -53-00 72 00 – GENERAL CONDITIONS E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor. F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs. G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project. 5.30 Emergencies. A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. ARTICLE 6 -MATERIALS; INSPECTION 6.1 Access to Work. A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs. 6.2 Materials. A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and       Packet Page. 980 Speicher Park – East Side Skate Park -54-00 72 00 – GENERAL CONDITIONS equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor. D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. 6.3 Test and Inspections. A. Inspection and Testing of Work and Materials 1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. 2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor. 3. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents. 4. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents.       Packet Page. 981 Speicher Park – East Side Skate Park -55-00 72 00 – GENERAL CONDITIONS All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. 5. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs. B. Testing of Materials 1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. 2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. 3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to re-notify the Engineer when samples which are representative may be obtained. 4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not. 5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.       Packet Page. 982 Speicher Park – East Side Skate Park -56-00 72 00 – GENERAL CONDITIONS 6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense. 6.4 Requests for Substitutions. A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein. B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name. C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles. D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests. E. Substantiating data as described above shall include, at a minimum, the following information: 1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.       Packet Page. 983 Speicher Park – East Side Skate Park -57-00 72 00 – GENERAL CONDITIONS 2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified. 3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract. 4. Information detailing the durability and lifecycle costs of the proposed substitution. F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package. G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein. H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests. I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor. ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES 7.1 Soils Investigations. A. When a soils investigation report for the Site is available, such report is provided for informational purposes only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its Bid and must make whatever tests it deems appropriate to determine the condition of the soil. 7.2 Ownership of Site Materials Found. A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as       Packet Page. 984 Speicher Park – East Side Skate Park -58-00 72 00 – GENERAL CONDITIONS determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party. 7.3 Existence of Utilities at the Work Site. A. Existing Utilities 1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project. 2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities. B. Utility Location 1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article. 2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way. 3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.” 4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.” 5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall       Packet Page. 985 Speicher Park – East Side Skate Park -59-00 72 00 – GENERAL CONDITIONS not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations. 6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved. 7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting. C. Utility Relocation and Repair 1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions. 2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.       Packet Page. 986 Speicher Park – East Side Skate Park -60-00 72 00 – GENERAL CONDITIONS 3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages. 4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility. 5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents. 6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work. D. Construction at Existing Utilities 1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. 2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons       Packet Page. 987 Speicher Park – East Side Skate Park -61-00 72 00 – GENERAL CONDITIONS or damage to property resulting from the negligent, accidental, or intentional breaching of utilities. 3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work. 7.4 Trenches A. Trenches Five Feet or More in Depth. 1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit. B. Excavations Deeper than Four Feet. 1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions: a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for,       Packet Page. 988 Speicher Park – East Side Skate Park -62-00 72 00 – GENERAL CONDITIONS performance of any part of the Work, shall issue a Change Order under the procedures described in Article 9.1 Change Orders and Time Extensions. 3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties. ARTICLE 8 -PROSECUTION OF THE WORK 8.1 Contractor’s Means and Methods. A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. 8.2 Construction Schedule. A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule. Copies are not acceptable. B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City. C. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order.       Packet Page. 989 Speicher Park – East Side Skate Park -63-00 72 00 – GENERAL CONDITIONS D. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the City: (1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week look-ahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work. E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor. F. Recovery Schedule. 1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the allotted Contract Time: a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work; b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction; c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature. 2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule. 3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non-compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7)       Packet Page. 990 Speicher Park – East Side Skate Park -64-00 72 00 – GENERAL CONDITIONS Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents. 4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence. Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time. 8.3 Time for Completion and Liquidated Damages A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather. D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor       Packet Page. 991 Speicher Park – East Side Skate Park -65-00 72 00 – GENERAL CONDITIONS shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract for Construction, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work. The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays. F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions. Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.       Packet Page. 992 Speicher Park – East Side Skate Park -66-00 72 00 – GENERAL CONDITIONS 8.4 Contractor’s Responsibility for Work. A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non- execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid. 8.5 Occupancy. A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract. 8.6 Securities for Money Withheld A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. 8.7 The City’s Right to Suspend/Terminate the Contract A. Suspension of Work by the City 1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension. Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension. 2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise: a. Immediately discontinue Work on the date and to the extent specified in the notice; b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice;       Packet Page. 993 Speicher Park – East Side Skate Park -67-00 72 00 – GENERAL CONDITIONS c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and d. Continue to protect and maintain the Work including those portions on which Work has been suspended. 3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non- compliance with the requirements of the Contract. B. Termination for Cause by the City: 1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations. 2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site. 3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work,       Packet Page. 994 Speicher Park – East Side Skate Park -68-00 72 00 – GENERAL CONDITIONS complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract. C. Termination for Convenience by the City: 1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest. 2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. 3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations: a. Stop Work as specified in the Notice. b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated. e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract. f. Submit to the City's Representative, within ten (10) Days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.       Packet Page. 995 Speicher Park – East Side Skate Park -69-00 72 00 – GENERAL CONDITIONS g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City. 4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed. 5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated. 6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. 8.8 Completion and Acceptance of Work A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted. 8.9 Warranty and Guaranty of Work. A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to       Packet Page. 996 Speicher Park – East Side Skate Park -70-00 72 00 – GENERAL CONDITIONS conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand. C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required. D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor. E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary       Packet Page. 997 Speicher Park – East Side Skate Park -71-00 72 00 – GENERAL CONDITIONS Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense. G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. H. Acceptance of Defective Work. 1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City. I. The City May Correct Defective Work 1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency. 2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work. 3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and       Packet Page. 998 Speicher Park – East Side Skate Park -72-00 72 00 – GENERAL CONDITIONS damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work. 4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the City correcting Defective Work. J. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15. ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION 9.1 Change Orders and Time Extensions All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties. A. Change in Contract Procedures 1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders. 2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:       Packet Page. 999 Speicher Park – East Side Skate Park -73-00 72 00 – GENERAL CONDITIONS a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier. b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable. c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date. To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently. 3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Order Request shall include all of the following information (unless inapplicable to the change): a. A detailed description of the circumstances giving rise to the request; b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors; c. Supporting documentation for all costs; d. A time impact analysis showing the impact of the delay to the critical path to completion; e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and f. Certification to the accuracy of the Change Order Request under penalty of perjury. The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule.       Packet Page. 1000 Speicher Park – East Side Skate Park -74-00 72 00 – GENERAL CONDITIONS The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request. For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination. 4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require. 5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS. Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.       Packet Page. 1001 Speicher Park – East Side Skate Park -75-00 72 00 – GENERAL CONDITIONS 6. Change Order Format a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights. B. Determining Adjustments to Compensation. 1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The mark-up added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work. 2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed. 3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City. 4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk. 5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable       Packet Page. 1002 Speicher Park – East Side Skate Park -76-00 72 00 – GENERAL CONDITIONS profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and- material work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows: a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less. (i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed. Rental time will not be allowed while equipment is inoperative due to breakdowns. (ii) All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number.       Packet Page. 1003 Speicher Park – East Side Skate Park -77-00 72 00 – GENERAL CONDITIONS (iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions: (i) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up. Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request. (ii) For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use. (iii) For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost. (iv) For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub- subcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor. (v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work. (vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above. e. Documentation of Time-and-Material Costs. (i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.       Packet Page. 1004 Speicher Park – East Side Skate Park -78-00 72 00 – GENERAL CONDITIONS (ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work. f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices: (i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work; (ii) Office Expenses. Expenses of Contractor’s principal and branch offices; (iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments; (iv) Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; (v) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor; (vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; (vii)Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;       Packet Page. 1005 Speicher Park – East Side Skate Park -79-00 72 00 – GENERAL CONDITIONS (viii) Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods; (ix) Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. (x) Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums. (xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements. 9.2 Procedure for Resolving Claims. Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law. A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes. B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for:       Packet Page. 1006 Speicher Park – East Side Skate Park -80-00 72 00 – GENERAL CONDITIONS 1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City; 2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or 3. An amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. D.Documentation. The Contractor shall submit all Claims in the following format: 1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made 2. List of documents relating to Claim: a. Specifications b. Drawings c. Clarifications (Requests for Information) d. Schedules e. Other 3. Chronology of events and correspondence 4. Narrative analysis of Claim merit       Packet Page. 1007 Speicher Park – East Side Skate Park -81-00 72 00 – GENERAL CONDITIONS 5. Analysis of Claim cost, including calculations and supporting documents 6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 Days after the City issues its written statement. 1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. F. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute. G. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days       Packet Page. 1008 Speicher Park – East Side Skate Park -82-00 72 00 – GENERAL CONDITIONS after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. 1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article. 3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. H. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding       Packet Page. 1009 Speicher Park – East Side Skate Park -83-00 72 00 – GENERAL CONDITIONS brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. J. Government Code Claim Procedures. 1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. 3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City. 4.A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article. ARTICLE 10 - MEASUREMENT; PAYMENT 10.1 Cost Breakdown. A. Lump Sum Work. 1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the       Packet Page. 1010 Speicher Park – East Side Skate Park -84-00 72 00 – GENERAL CONDITIONS various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values. B. Unit Price Work. 1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item. 2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid. 3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if: a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and b. there is no corresponding adjustment with respect to any other item of Work; and c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease. 10.2 Progress Estimates and Payment. A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.       Packet Page. 1011 Speicher Park – East Side Skate Park -85-00 72 00 – GENERAL CONDITIONS B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section C below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request. C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract. 2. Defective work not remedied. 3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor. 4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid. 5. Damage to another contractor or a third party. 6. Amounts which may be due the Count for claims against Contractor. 7. Failure of Contractor to keep the Record Drawings up to date. 8. Failure to provide update on construction schedule as required herein. 9. Site cleanup. 10. Failure to comply with Contract Documents. 11. Liquidated damages. 12. Legally permitted penalties. D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.       Packet Page. 1012 Speicher Park – East Side Skate Park -86-00 72 00 – GENERAL CONDITIONS E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of Days by which the Engineer exceeds the seven (7) Day requirement. F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City. G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. 10.3 Final Acceptance and Payment A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment. B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract. C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract.       Packet Page. 1013 Speicher Park – East Side Skate Park -87-00 72 00 – GENERAL CONDITIONS D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price. E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract. ARTICLE 11 - MISCELLANEOUS 11.1 Patents. A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract. 11.2 Document Retention & Examination A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment. 11.3 Notice. A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s       Packet Page. 1014 Speicher Park – East Side Skate Park -88-00 72 00 – GENERAL CONDITIONS principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. 11.4 Notice of Third Party Claims A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification. 11.5 State License Board Notice A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 11.6 Assignment of Contract A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. 11.7 Change In Name And Nature Of Contractor’s Legal Entity. A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds. 11.8 Prohibited Interests A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering,       Packet Page. 1015 Speicher Park – East Side Skate Park -89-00 72 00 – GENERAL CONDITIONS inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract. 11.9 Controlling Law A. Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions. 11.10 Jurisdiction; Venue A. Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action. 11.11 Cumulative Remedies. A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 11.12 Survival of Obligations. A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 11.13 Headings. A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 11.14 Assignment of Antitrust Actions A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements: 1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or       Packet Page. 1016 Speicher Park – East Side Skate Park -90-00 72 00 – GENERAL CONDITIONS Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. 2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties. 11.15 All Legal Provisions Included A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom. B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable. C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract. D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract. E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party here under 11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original       Packet Page. 1017 Speicher Park – East Side Skate Park -91-00 72 00 – GENERAL CONDITIONS signature for all purposes and shall have the same force and effect as an original signature ARTICLE 12 -– FLEET COMPLIANCE 12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). 12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. 12.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.       Packet Page. 1018 Speicher Park – East Side Skate Park 92 00 73 13 - SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS ARTICLE 1 -SCOPE OF WORK 1.1 Location of the Project 1. Speicher Park – East Side Skate Park 1535 Arden Ave, San Bernardino, CA 92404 1.2 Scope of Work. The Scope of Work consists of: The work to be done consists of the demolition and disposal of the current concrete skate park. Construction consists of a new skate park with elements to include surveying & staking, walls, ledges, footings, shotcrete, stairs, flatworks, metals & coping, topsoil, irrigation, site furnishings, and plantings. 1.3 Prime Submitting General Contractor or Specialty Sub-Contractor Skate Park Construction Qualification Statement The intent of the City of San Bernardino and Skate Park Designer is to qualify skate park builders (PRIME SUBMITTING GENERAL CONTRACTOR OR SPECIALTY SUB- CONTRACTOR) for this project WHO MUST HAVE prior specialty skate park construction experience. This qualification is required for specialty skate park items only. Other work normally performed by a general contractor (site grading, drainage, paving, concrete flatwork, landscaping, irrigation, site lighting, building construction, etc.) that is considered site work does not require qualification. This statement will determine the prime submitting general contractor or specialty contractor’s qualification for this project. In addition to skate park construction experience, firms must also demonstrate an ability to meet minimum guidelines as set in the SPECIAL PROVISIONS of the Contract Documents. Submission of this questionnaire does not constitute qualification. Qualification may be denied for any reason the City of San Bernardino deems necessary for the successful completion of the project.       Packet Page. 1019 Speicher Park – East Side Skate Park 93 00 73 13 - SPECIAL CONDITIONS PRIME SUBMITTING GENERAL CONTRACTOR OR SPECIALTY SUB-CONTRACTOR INFORMATION COMPANY NAME (Full Legal Name) STREET ADDRESS MAILING ADDRESS (If Different Than Above) CITY STATE ZIP PHONE # CONTACT PERSON E-MAIL FAX # FEDERAL TAX ID NO. APPLICATION SUBMITTED BY TITLE SPECIALTY SUB-CONTRACTOR INFORMATION If the Specialty Sub-Contractor is a corporation, please provide the following: •State & Date of Incorporation _____________________________________________ •Contractor License # and Classification _____________________________________________ •Secretary / Treasurer’s Name _____________________________________________ If the Specialty Sub-Contractor is a partnership, please provide the following: •State & Date of Partnership _____________________________________________ •Contractor License # _____________________________________________ •General Partner(s) Names _____________________________________________       Packet Page. 1020 Speicher Park – East Side Skate Park 94 00 73 13 - SPECIAL CONDITIONS If the Specialty Sub-Contractor is sole proprietor, or individually owned, please provide the following: •State, & Date of Ownership _____________________________________________ •Primary Owner’s Name& License # _____________________________________________ Please Check YES NO 1. How many years has your organization been in business under your present name? ____yrs.  Have you ever operated under any other names in the past? If so, name of organization ____________________________________________  2. Has any owner, officer or partner of your organization ever been an owner, officer or partner of this or any other organization that failed to complete a construction contract or been charged liquidated damages? If yes, please provide additional information on a separate sheet.  3. Has your organization ever been denied, debarred, or suspended by a government agency regarding licensing or award of contracts? If yes, please provide additional information on a separate sheet. Does the organization owe back taxes to the IRS? If so, how much? ____________________________________________  4. Has your organization ever failed to qualify as a Specialty Contractor of any project? If yes, please provide additional information on a separate sheet.  5. Does your organization meet the following minimum requirements:   The successful Specialty Contractor must be able to provide valid and in good standing the following insurance coverage for the entire duration of the project, naming your firm and the Owner as additionally insured. A sample certificate with the following minimum coverage’s must be submitted with this statement: ❖Commercial General Liability $1,000,000 Each Occurrence / $2,000,000 General Aggregate ❖Automobile Liability Insurance $1,000,000 Minimum ❖Workman’s Compensation Insurance State Minimum Coverage as Required by Law.   Attach 3 Letters of Reference from a past public agency giving recommendation of your organization’s ability to perform quality skate park       Packet Page. 1021 Speicher Park – East Side Skate Park 95 00 73 13 - SPECIAL CONDITIONS construction.   The successful Specialty Contractor must be able to provide valid and in good standing the following insurance coverage for the entire duration of the project, naming your firm and the Owner as additionally insured. A sample certificate with the following minimum coverage’s must be submitted with this statement: ❖Commercial General Liability $1,000,000 Each Occurrence / $2,000,000 General Aggregate ❖Automobile Liability Insurance $1,000,000 Minimum ❖Workman’s Compensation Insurance State Minimum Coverage as Required by Law. CURRENT SKATE PARK PROJECT EXPERIENCE Please provide a list of all concrete skate park construction projects that are in progress by your organization, or which are complete but have not been open and in operation for a period of at least ONE (1) year. The projects listed must have a construction agreement. PROJECT INFORMATION REQUIRED – Please provide all information requested and utilize additional sheets, as necessary. Name and Location of Project _____________________________________________________________________ Owner’s Name________________________________ Address__________________________________________ Phone Number________________________________ Email ___________________________________________ Project Size (Skating area only)_______sq ft Construction Value $_________ % Complete_____ Completion Date________ Designer and Architect _________________________________________________________ Project Description and Scope of Work ___________________________________________________________ Name and Location of Project _____________________________________________________________________ Owner’s Name________________________________ Address__________________________________________ Phone Number________________________________ Email ___________________________________________ Project Size (Skating area only)_______sq ft Construction Value $_________ % Complete_____ Completion Date________ Designer and Architect _________________________________________________________       Packet Page. 1022 Speicher Park – East Side Skate Park 96 00 73 13 - SPECIAL CONDITIONS Project Description and Scope of Work ___________________________________________________________ Name and Location of Project _____________________________________________________________________ Owner’s Name________________________________ Address__________________________________________ Phone Number________________________________ Email ___________________________________________ Project Size (Skating area only)_______sq ft Construction Value $_________ % Complete_____ Completion Date________ Designer and Architect _________________________________________________________ Project Description and Scope of Work ___________________________________________________________ Name and Location of Project _____________________________________________________________________ Owner’s Name________________________________ Address__________________________________________ Phone Number________________________________ Email ___________________________________________ Project Size (Skating area only)_______sq ft Construction Value $_________ % Complete_____ Completion Date________ Designer and Architect _________________________________________________________ Project Description and Scope of Work ___________________________________________________________ Name and Location of Project _____________________________________________________________________ Owner’s Name________________________________ Address__________________________________________ Phone Number________________________________ Email ___________________________________________ Project Size (Skating area only)_______sq ft Construction Value $_________ % Complete_____ Completion Date________ Designer and Architect _________________________________________________________ Project Description and Scope of Work ___________________________________________________________       Packet Page. 1023 Speicher Park – East Side Skate Park 97 00 73 13 - SPECIAL CONDITIONS PAST COMPLETED SKATE PARK PROJECT EXPERIENCE The prime submitting firm or its specialty contractor, to be qualified for this project must have completed THREE (3) public concrete skate park facilities with a minimum skating area of 10,000 square feet in the last FIVE (5) years. These skate parks must be open and in good operating condition for at least ONE (1) year. Only those projects where the complete construction of the facility has been the sole responsibility of your firm can be included. Please provide detailed project information and verifiable references for each of these qualifying skate park facilities. If the prime submitting firm will not be performing the specialty items listed on the plans but will have these items constructed by a specialty subcontractor, only the subcontractor will be required to be qualified for the specialty bid items. No exceptions will be made to these requirements. PROJECT INFORMATION REQUIRED – Please provide all information requested and utilize additional sheets, as necessary. PROJECT PHOTO REQUIRED – Please provide at least one (1) photo of each completed construction. Name and Location of Project _____________________________________________________________________ Owner’s Name________________________________ Address__________________________________________ Phone Number________________________________ Email ___________________________________________ Project Size (skating area only)_______sq ft Construction Value $_________ % Complete_____ Completion Date________ Designer and Architect _________________________________________________________ Project Description and Scope of Work ___________________________________________________________ Name and Location of Project _____________________________________________________________________ Owner’s Name________________________________ Address__________________________________________ Phone Number________________________________ Email ___________________________________________ Project Size (skating area only)_______sq ft Construction Value $_________ % Complete_____ Completion Date________ Designer and Architect _________________________________________________________ Project Description and Scope of Work ___________________________________________________________       Packet Page. 1024 Speicher Park – East Side Skate Park 98 00 73 13 - SPECIAL CONDITIONS Name and Location of Project _____________________________________________________________________ Owner’s Name________________________________ Address__________________________________________ Phone Number________________________________ Email ___________________________________________ Project Size (skating area only)_______sq ft Construction Value $_________ % Complete_____ Completion Date________ Designer and Architect _________________________________________________________ Project Description and Scope of Work ___________________________________________________________ ADDITIONAL QUESTIONNAIRE & REQUIREMENTS Please accurately answer & provide for all the information requested utilizing a separate sheet, as necessary. Please Check YES NO  A. Has your firm excavated a below ground skate park structures and prepared it for shotcrete application?  B. Has your firm placed transitional and radial shotcrete sculptures using approved methods including a smooth trowel finish?  C. Does your firm possess all the necessary equipment, labor forces, and material suppliers to complete this project per plans and specifications within the given schedule?  D. Has your firm fabricated, galvanized, and installed rolled/bent ornamental metal coping?  E. Has your firm installed standard pool coping and tile? F. Has your firm constructed custom concrete skate park features like: (mark those that apply) Stamped Brick Integral Color  Sculptural artistic elements  G. Has your firm performed any concrete skate park construction with workmanship issues, defects, or warranty problems, including having to repair or replace portions of work?  H. Can your firm provide shop drawings and submittals for all the required and specified materials on this project? SCHEDULE & SKATE PARK MANAGEMENT EXPERIENCE  Please provide a schedule identifying key tasks and milestones your project team has identified to demonstrate your ability to coordinate the entire job. This       Packet Page. 1025 Speicher Park – East Side Skate Park 99 00 73 13 - SPECIAL CONDITIONS will be for evaluation purposes only and is not intended to be submitted as a working schedule.   Please provide a detailed list identifying your firm’s key personnel and management team that is responsible for the aforementioned skate park experience. Please include any owners, officers, managers, construction supervisors, or any other employee with the identified experience for the listed qualifying projects. Show that the individual directly responsible for the construction management of these projects will be the same individual utilized on this project. This document must be notarized. This qualification statement will not be considered responsive or valid unless it is completed in its entirety and signed, dated, and notarized. The City of San Bernardino and Skate Park Designer reserve the right to disqualify any firm for any reason deemed necessary for the successful completion of this project. The PRIME SUBMITTING GENERAL CONTRACTOR OR SPECIALTY SUB- CONTRACTOR (undersigned) hereby certifies and that all the information contained in this document is true and correct to the best of their knowledge. I declare under penalty of perjury that the foregoing is correct. _____________________________________________________________________ Legal Business Name of Submitting Individual, Partnership, Limited Liability Company, or Corporation & Contractor License Number _________________________________________________ Printed Name of Prime Submitting General Contractor or Specialty Sub-contractor or Authorized Agent. _________________________________________________ Signature of Prime Submitting General Contractor or Specialty Sub-contractor or Authorized Agent. ALL SIGNATURES MUST BE       Packet Page. 1026 Speicher Park – East Side Skate Park 100 00 73 13 - SPECIAL CONDITIONS WITNESSED BY NOTARY (ATTACH JURAT) ARTICLE 2 -MODIFICATIONS TO THE GENERAL CONDITIONS SPECIAL PROVISIONS 1.0 GENERAL The Contractor shall furnish, in accordance with the plans and specifications, all labor, equipment, and materials required for all work as necessary for Project No PR 23-003: Speicher Park – East Side Skate Park. Contractor shall provide all construction surveying, staking and monument/centerline ties at no extra cost. Compensation for construction surveying and staking shall be considered as included in various bid items. No additional compensations will be allowed. 1.1 Description of Work: The work to be done consists of the demolition and disposal of the current concrete skate park. Construction consists of a new skate park with elements to include surveying & staking, walls, ledges, footings, shotcrete, stairs, flatworks, metals & coping, topsoil, irrigation, site furnishings, and plantings.; NPDES and SWPPP requirements; traffic control; survey marking and such other items or details, not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions. 1.2 Approved Materials: Whenever the expression “or approved equal” is used, it shall be taken to mean the approval by the City Engineer of any substitution of material or material specified herein. All substitution requests shall state the reason for the request and the difference in price between the item specified and the requested substitution. All substitution requests shall be submitted to the City Engineer in writing five (5) working days prior to the bid opening. No requests for substitutions will be considered by telephone. The Contractor shall submit to the Engineer for review and approval six (6) copies of all shop drawings. The Contractor shall make any corrections to shop drawings required by the Engineer. 1.3 Pre-Bid Inquiries: NO ORAL representations or interpretations will be made to any Bidder as to the meaning of the Special Provisions, Plans, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or       Packet Page. 1027 Speicher Park – East Side Skate Park 101 00 73 13 - SPECIAL CONDITIONS misunderstanding will be accepted if submitted to PlanetBids by 3:00 p.m. on March 27, 2024. If there are any questions regarding this project, please contact: City Engineer’s Office San Bernardino City Hall 201 North “E” Street, 2nd Floor San Bernardino, CA 92401 SUBJECT: SPEICHER PARK – EAST SIDE SKATE PARK PR 23-003 Attention: Saul Guerrero Tel: (909) 384-5226; Fax: (909) 384-5190 E-mail: Guerrero_sa@sbcity.org 2.0 UTILITY LOCATION The following list of individuals or entities, which are known to have facilities in the area to be improved is merely for the Contractor's information and may or may not be complete or inclusive: City of San Bernardino (Engineering) ............................................(909) 384-5019 Southern California Edison, Ben Murguia......................................(909) 307-6788 Southern California Gas Company, Devry Jennings......................(909) 335-7772 San Bernardino Municipal Water Department, Ted Brunson.........(909) 384-5092 Verizon Communications, Control Desk ........................................(909) 784-6655 AT&T, Rosemary Hamill.................................................................(916) 799-4642 Underground Service Alert.............................................................(800) 227-2600 California Department of Transportation………………………………..(909) 383-6920 2.1 Compensation for Damage or Relocation In accordance with Section 4215 of the California Government Code, the Contractor shall be compensated for the cost of locating and repairing damage to main or trunk line utility facilities located on the job site, not due to the failure of the Contractor to exercise reasonable care; for costs of removing or relocating such utility facilities not indicated in the Contract Documents with reasonable accuracy; and for the operating costs for equipment on the project necessarily idled during such work. Existing utilities have been carefully located and shown on the plans based on available records and surface features along with the aid of input from the utility companies and office records. However, the City assumes no responsibility for having completely and       Packet Page. 1028 Speicher Park – East Side Skate Park 102 00 73 13 - SPECIAL CONDITIONS precisely shown all such existing utilities. The Contractor shall notify the several utility companies and agencies listed above before beginning excavation and shall coordinate his work with them. The Contractor's attention is directed to the utility notification service provided by the Underground Service Alert (USA). USA member utilities will provide the Contractor with the location of their substructures in the construction area when the Contractor gives at least 48 hours’ notice to the Underground Service Alert by calling 1-800-227-2600. 3.0 COMPLETION AND ACCEPTANCE 3.1 Guarantee of Work and Materials The Contractor shall guarantee that all work performed by him under this contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become evident within a period of one (1) year from the date of acceptance of the work by the City Council or designee, the Contractor shall, at his own expense, make any repair or replacement necessary to restore the work to full compliance with these Special Provisions, including repair of settled backfill and resurfacing. Such repair and replacement shall be made promptly upon receipt of written notice from the City. If the Contractor fails to make such repair and replacement promptly, the City may cause the work to be done and the costs incurred thereby shall become the liability of the Contractor and his surety. If, in the opinion of the Engineer, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City will attempt to give the notice required by this article. If the Contractor cannot be contacted or does not comply with the Engineer's request for correction within a reasonable time as determined by the Engineer, the City may, notwithstanding the provisions of this article, proceed to make such correction and the costs of such correction shall be charged against the Contractor. Such action by the City will not relieve the Contractor of the guarantees provided in this article or elsewhere in the contract. The foregoing obligations shall be secured by a surety bond in a form approved by the Engineer in an amount not less than ten percent (10%) of the final Contract price, and shall be delivered to the Engineer prior to final acceptance of the work. Payment for fulfilling the requirements of this section shall be considered as included in the prices for the various Contract items of work and no additional compensation will be allowed       Packet Page. 1029 Speicher Park – East Side Skate Park 103 00 73 13 - SPECIAL CONDITIONS 3.2 Liquidated Damages Liquidated damages shall be in the amount of One Thousand Five Hundred Dollars ($1,500.00) per working day in excess of the time allowed under this Contract for the completion of the work, as adjusted by Change Order. In the event that construction does not commence within the specified time following the issuance of notice to proceed, liquidated damages in the amount of One Thousand Five Hundred Dollars ($1,500.00) per working day shall be deducted from compensation due the Contractor. The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City or the owner of a utility to provide for removal or relocation of an existing or unknown facility. 4.0 TIME OF COMPLETION The Contractor shall begin work within ten (10) working days after the date of the "Notice to Proceed," and shall diligently prosecute the same to completion by One Hundred and Eighty (180) Calendar days after date in said Notice. 5.0 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Further to Section 6.1 of the Standard Specifications, the Contractor shall submit construction schedule(s) as specified below: 5.1 INITIAL SCHEDULE Within 48 hours after the Notice to Proceed has been given, and prior to the start of any work, the Contractor shall submit to the Engineer for approval three (3) copies of its proposed construction schedule in Critical Path Method format with sub schedules of related activity. An electronic copy of the schedule shall also be submitted to the City for its use. If the Engineer notifies the Contractor that the schedule is unacceptable, the Contractor shall submit a revised schedule within five (5) working days thereafter. Unless otherwise required, the construction schedule shall be in the form of bar charts with major activities of the project listed in chronological order showing the dates for beginning and completion of each activity. The Schedule shall also show Critical Path items. The construction schedule shall also contain:       Packet Page. 1030 Speicher Park – East Side Skate Park 104 00 73 13 - SPECIAL CONDITIONS An economic component showing the cost of each activity, the anticipated monthly earnings and a cash flow diagram. A products availability schedule, which shall show the availability dates for Contractor furnished equipment affecting the progress of the work, indicate the required delivery dates for City furnished materials and equipment and indicate the required installation date for utility-furnished equipment. 5.2 REVISED SCHEDULES After start of the work, the Contractor shall submit revised construction schedules every two weeks on a Monday thereafter until completion of the contract. Said schedules shall clearly indicate “in detail” all work to be procured within the following two weeks. The revised schedules should show any significant changes in activities since submission of the previous schedule with revised projections of progress and completion. It should also provide a narrative report of problem areas, anticipated delays and the impact on the schedule, corrective action recommended and its effect, and the effect of changes on schedules of other contractors involved with the work. In the event that the revised schedules are not submitted in accordance with the above conditions, the City reserves the right to suspend all work until a revised schedule is submitted. The Contractor shall not be entitled to any claims or contract time adjustment associated with said work suspension. 5.3 PROGRESS MEETINGS Contractor shall also conduct Bi-weekly construction progress meetings at the job site or at the owners’ construction office. Contractor shall prepare meeting notes and distribute them to the meeting attendees within 5 working days of the meeting date. The progress meeting shall be conducted to the level of detail necessary to address all issues and work elements that affect the construction schedule, impact to the public and project costs including potential claims and whatever work elements deemed necessary by the owner. 10.0 ORDER OF WORK As required by these specifications, the Contractor shall submit a detailed construction schedule to the Engineer for approval prior to the preconstruction meeting. This schedule should be prepared with the following items in mind: Contractor shall maintain access to all businesses during construction. All excavations shall be backfilled, compacted and all damaged private improvements are       Packet Page. 1031 Speicher Park – East Side Skate Park 105 00 73 13 - SPECIAL CONDITIONS to be restored immediately after installation of improvements in that area. If, in the opinion of the Engineer, the Contractor is not conforming to these requirements, the Engineer may order the job to be made safe and all other work halted until a meeting can be held to determine the reasons for noncompliance and to resolve the situation. Contractor is advised that gravel, cobbles and boulders will be encountered during excavation of the project. Contractor is responsible for the removal and proper disposal of all such material. Compensation for said removal shall be considered as included in various bid items. Additional compensation will not be provided therefore. 10.2 Protection of Utilities The Contractor’s attention is directed to the Standard Specifications. The Contractor shall verify the existence and location of any underground utility pipes or structures that may be affected during the course of work. The Contractor will take due precautionary measures to protect the utilities shown and other utilities or structures not shown on the plans that might be discovered during the process of the job. The Contractor shall determine the exact location of all utilities prior to beginning construction of the reclaimed water main, potable water, sanitary storm drain, electrical conduits/substructures, and other Contract Work which have potential conflicts with underground utilities. If conflicts are discovered, the Contractor shall notify the Engineer immediately. The cost of potholing shall be included in the various bid items, and no additional compensation will be paid. The Contractor shall protect the existing water services and meters in place. Care shall be taken by the Contractor not to disturb the services or meters during excavation and/or tree and root removal operations. Meter boxes shall be raised to grade where parkway improvements are reconstructed as shown on the plans. Where water valve boxes, bollards or other utility facilities are encountered in areas designated for removals and reconstruction, the Contractor shall protect those boxes and facilities in place, remove or adjust to grade as necessary. Payment for protection of utilities and/or adjustment shall be considered to be included in other items of work and no additional compensation will be allowed. In the event that a water service is damaged, the Contractor shall notify Water Operations and the Engineering Division immediately. The Contractor shall also arrange for the immediate repair of the water service by a licensed plumbing contractor, at no cost to the City. In certain circumstances, the Contractor may encounter water services that are entangled in roots. In these circumstances, it may be necessary to replace the water service. Qualified personnel shall make all such replacements. In order to receive compensation for this repair, the City Landscape Inspector shall be contacted prior to any further root removals. In certain circumstances, the Contractor may encounter water services that are entangled in roots. In these circumstances, it may be necessary to replace the water       Packet Page. 1032 Speicher Park – East Side Skate Park 106 00 73 13 - SPECIAL CONDITIONS service. Qualified personnel shall make all such replacements. In order to receive compensation for this repair, the City Landscape Inspector shall be contacted prior to any further root removals. 10.3 Equipment and Material Storage No storage of equipment or materials will be allowed on private property or in street right-of-way unless written permission has been provided to City. 10.4 Joining Existing Facilities All construction of items in this contract shall join existing improvements with a smooth transition. Portland cement concrete shall neatly join existing features. 10.5 Protection of Work The provisions that is for “Materials and Workmanship” of the Standard Specifications shall apply except as modified and supplemented below: The Contractor shall provide sufficient barricades, delineators and ribbon at each location to adequately protect the new and fresh concrete surfaces from vandalism and unauthorized markings. Newly poured and finished concrete areas shall be delineated or cordoned off with tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff marks) in the new sidewalk surfaces are not acceptable and may be cause for rejection. All such areas rejected due to such cause shall be removed and replaced at the Contractor’s expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be considered as incidental to the cost of the work and no additional compensation will be allowed therefore. 10.6 Cooperation and Collateral Work A minimum of forty-eight (48) hours prior to construction, the Contractor will expose all known utility crossings in order to provide for grade and alignment adjustments, if necessary. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The City, its workers, contractors and others shall have the right to operate within or adjacent to the Work site during the performance of such work. The Contractor shall include in its bid all costs involved as a result of coordinating its work with others. The Contractor shall not be entitled to additional compensation or Contract Time       Packet Page. 1033 Speicher Park – East Side Skate Park 107 00 73 13 - SPECIAL CONDITIONS extension from the City for damages resulting from such simultaneous, collateral and essential work. The Contractor shall redeploy its work force to other parts of the project site, if necessary to avoid or minimize such damage or delay. The Contractor shall take due precautions to protect all improvements placed by others in the vicinity of their operations. 10.7 Construction Water The Contractor will furnish all water necessary for compactions, cleaning, flushing, dust control, etc. The Contractor shall comply with all the requirements of the City of San Bernardino Water Department. The cost of delivering, furnishing, and applying all water will be considered as included in the various items of work, and no additional compensation will be allowed. 10.8 Parkway Trees: THERE ARE EXISTING TREES AT THE LOCATIONS AS SHOWN AND NOTED ON THE BID SCHEDULE TO BE REMOVED. The provisions of section 300-1 “Clearing and Grubbing” of the Standard specifications shall apply except as modified and supplemented below: When tree roots are encountered, the roots shall be removed that are within the future locations of the Street or drainage improvements. The roots shall be removed to a depth of 1’ below subgrade as directed by the Engineer. Limits of tree root removal shall extend to 1’ outside of the street or storm drainage improvements. The roots shall be cut so that the remaining root ends have a neat, smooth surface. Contractor shall not backfill behind curb until the above mentioned root treatment has been inspected by inspector. 10.9 Safety All construction will be performed in compliance with the standards as established by OSHA and in accordance with the appropriate State of California regulations. It will be the Contractor's responsibility to acquaint him and abide by these regulations during all phases of construction. The contractor will hold harmless and indemnify the City and its agents for any damages caused by failure to abide by said regulations. 10.10 Night, Sunday and Holiday Work Unless otherwise specified in the Contract Special Provisions, no work shall be performed at night, Sunday, or the eleven (11) legal holidays: New Year’s Day, Martin Luther King, Jr. Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday following Thanksgiving Day, Christmas Eve and       Packet Page. 1034 Speicher Park – East Side Skate Park 108 00 73 13 - SPECIAL CONDITIONS Christmas Day, except work pertaining to the public safety or with the permission of the Engineer, and accordance with such regulations as he/she shall furnish in writing. Before performing any work at said times, except work pertaining to the public safety, the Contractor shall give written notice to the Engineer so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 6:00 A.M. of the next succeeding day. 11.0 ENGINEER'S ESTIMATE The quantities of work to be done and materials to be furnished are approximate as shown on the plans and/or proposal and are given as a basis of comparison of bids only. The City does not expressly or by implication agree that the actual amount of work will correspond therewith. 12.0 FINAL CLEANUP Prior to final acceptance, the Contractor shall restore the entire project site to a condition equal or better than the pre-construction condition as evidenced by film, notes, sketches and other construction records. 12.1 Cleaning and Dust Control Clean up and dust control shall conform to the Standard Specifications. During execution of work, the Contractor shall clean the site, adjacent properties, and public access roads, and dispose of waste materials, debris, and rubbish to assure that all affected properties are maintained free from accumulations of water, materials and rubbish. Contractor will provide for collection and for disposal of waste materials, spoils, debris, and rubbish. Contractor will cover all loads of excavated material leaving the site or of material being imported, to prevent excessive dust from being created. 12.2 Protection and Restoration of Existing Improvements The City anticipates and the Contractor shall, if necessary, repair all existing improvements, which are not designated for removal, which are damaged or removed as result of the Contractor’s operations in accordance with the Standard Specifications. In particular, areas designated by the Contractor for haul routes shall be subject to a joint inspection by the City and Contractor prior to any work occurring in order to reveal any deficiencies of the existing improvements. All existing improvements subject to repair and/or replacement due to the Contractor’s operations shall be repaired and/or replaced in accordance with the applicable jurisdictional Agency’s requirements. Items subject to repair and/or replacement include but are not limited to asphalt paving/base       Packet Page. 1035 Speicher Park – East Side Skate Park 109 00 73 13 - SPECIAL CONDITIONS and subgrade sections, curbs and gutters, sidewalks, drives, culverts, utilities, landscaping turfs and hardscaping, etc. The Contractor will be required to obtain a no-fee Construction Permit the City. 14.0 PERMITS The Contractor will be required to obtain a no-fee Construction Permit and a no-fee Street Closure Permit from the City. 15.0 CONTRACT PAYMENTS Payment will be made at the price for each item listed on the bidding form or as extra work as provided in the General Provisions. Initial progress payment will not be made prior to approval by the Engineer of the Schedule of Values (breakdown of lump sum contract costs), the Construction Progress Schedule, and the Schedule of Submittals. No subsequent progress payment will be made until the Engineer receives the monthly revision of the Construction Progress Schedule and Progress Record Drawings. 15.1 Schedule of Values for Payments The Contractor shall submit to the Engineer, within ten (10) working days after Notice to Proceed, three (3) copies of a Schedule of Values. The Schedule of Values shall consist of a detailed breakdown of the Contract Lump Sum or designated Lump Sum bid items. The Schedule of Values shall include an allocation of the major work task items required to perform and complete the work. In the event that the “Schedule of Values” is not submitted in accordance with the Specifications contained herein, the Contractor shall not be permitted to commence with lump sum work items. The Contractor shall not be entitled to contract time adjustments. The total of the Schedule of Values shall agree with the total or lump sum price bid. The price breakdown shall, as a minimum, show the cost of each item of the Construction Progress Schedule. Any additional breakdown of the Schedule of Values, by quantities and prices of work and materials, considered necessary by the Engineer will be as determined by the Engineer. The price breakdown shall not be unbalanced, shall be subject to adjustment between the Engineer and the Contractor, and will be used as a basis for progress payments. Acceptance of the Schedule of Values by the Engineer shall not relieve the Contractor of the responsibility of performing all the work needed to complete the projects at the total or lump sum price bid.       Packet Page. 1036 Speicher Park – East Side Skate Park 110 00 73 13 - SPECIAL CONDITIONS 15.2 Progress Payments Determination by Engineer: The Engineer will make an approximate measurement of all approved materials delivered to the job site and work performed by the Contractor through the last working day of each calendar month for the purpose of making a progress payment. No payment will be made for the fabrication or production of materials off the job site, or for materials stored off the job site. The Engineer will classify the work according to items listed on the Bid Form and will estimate the approval is given and submitted to the City’s Finance Division. Additional Retention: In addition to the retention mentioned above, the whole or part of any payment of the estimated amount due the Contractor may be withheld as an additional retention if such course be deemed necessary to protect the City from loss due to the Contractor's failure to protect any of the following: (1) meet his/her obligations; (2) expedite the work; (3) correct rejected work; (4) settle damages as provided; or (5) produce substantial evidence that no claims will or have been filed, and/or if it has been determined that unpaid balance may be insufficient to complete the work. Effect of Progress Payment: All materials and work covered by progress payments thereupon become the sole property of the City, but this provision shall not be construed as relieving the Contractor from sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work as a waiver of the City's right to require fulfillment of all terms of the Contract. 15.3 Final Payment and Release of Claims Notice of Completion and final payment: A Notice of Completion will be prepared by the Engineer and recorded with the office of the County Registrar-Recorder, within ten (10) days after acceptance of the work by the City Council or designee. Final payment will be made not sooner than thirty-five (35) calendar days following the date of recording of the Notice of Completion. Final payment shall include the remaining amount due the Contractor, less all prior payments and advances whatsoever to or for the account of the Contractor for supplies, materials, services, damages, or otherwise deductible under the terms of the Contract. All prior estimates and payments including those relating to extra work shall be subject to correction by this payment, which throughout this Contract is called "final payment."       Packet Page. 1037 Speicher Park – East Side Skate Park 111 00 73 13 - SPECIAL CONDITIONS CONSTRUCTION BID ITEMS PROJECT NO. PROJECT NO. 13622 SPEICHER PARK – EAST SIDE SKATE PARK PR 23-003 Each respective bid item and bid schedule as shown on the proposal form shall comply with all respective sections of the most current edition of Standard Specifications for Public Works Construction (Green Book), its supplements, and any other publications as specified. If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence. Contractor shall provide all construction surveying, staking and monument/centerline ties at no extra cost. Compensation for construction surveying and staking shall be considered as included in various bid items. No additional compensations will be allowed. BASE BID SCHEDULE BID ITEM 1 : MOBILIZATION: This bid item shall comply with the requirements of Section 7-3.4, "Mobilization", of the Standard Specifications. Mobilization may include, but not be limited to, the following principal items: 1. Submittal and modification, as required, of the Construction Schedule. 2. Providing a Project Office (if needed) 3. Review of the Site. 4. Obtaining all required Transportation Permits. 5. Submittal of all required insurance certificates and bonds as required by these Specifications 6. Moving onto the site, including, but not limited to: A. Equipment B. Arranging for and erection of Contractor’s work and storage areas. 7. Installing construction fencing and temporary construction power and wiring. 8. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet (as required). 9. Installing all temporary utilities (as required).       Packet Page. 1038 Speicher Park – East Side Skate Park 112 00 73 13 - SPECIAL CONDITIONS 10.Establishing required fire protection provisions. 11.Posting all OSHA required notices and establishment of safety programs. 12.Posting of all Department of Labor notices. 13.Having the Contractor’s superintendent at the job site full-time and responding 24 hours per day. 14.Air and water quality protective measures, as necessary, and without limitation. 15.Potholing and other research and review as necessary to verify site conditions and utility locations. 16.Demobilization of the Site. 17.Any other item as specified. 18.Relocate mailboxes/gang boxes The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be included in the Bid Item provided for mobilization and demobilization and incidental project costs as a lump sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100 percent (100%) of the work has been completed and if progress of the work is satisfactory. No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met. Payment for this bid item shall be paid per Lump Sum (LS) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in Mobilization per project plans and specifications; no additional compensation will be allowed therefor. BID ITEM 2: STORM WATER POLLUTION AND PREVENTION PLAN AND NPDES COMPLIANCE: Storm Water Pollution Prevention shall include preparation of Storm Water Pollution Prevention and erosion control plans, control of all waters entering the project sites, erosion control, and any dewatering in accordance with California Regional Water Quality Control Board, Santa Ana River Region requirements. Storm, surface and/or nuisance water may be encountered at various times and locations during performance of the Work. Such waters may interfere with Contractor’s operation and may cause damage to adjacent or downstream private and/or public property by flooding, lateral erosion, sedimentation or pollution if not properly controlled by Contractor. Contractor, by entering into the Contract, assumes all risk and responsibility for water control. Contractor’s responsibility includes, at a minimum, handling any nuisance and/or storm waters that may result during the term of the Contract in a manner which will protect construction throughout the various stages of work up to the point of final acceptance by Owner.       Packet Page. 1039 Speicher Park – East Side Skate Park 113 00 73 13 - SPECIAL CONDITIONS Contractor shall conduct its work in accordance with all rules and regulations set forth by the Governing Jurisdiction(s). Contractor shall conduct and schedule operations so as to avoid effects of erosion on adjacent work and property. Contractor is responsible for and the Contract Price includes the erosion control related to the Work, including but not limited to devices shown on the drawings and additional dikes, basins, ditches, gravel bags, sand bags and silt fences which might become necessary as a result of operations. Contractor shall be responsible for pumping water and desilting waters after each storm event. Contractor is also aware that storm water from adjacent sites may be transported to the Project site and it is Contractor’s responsibility to maintain any previously installed erosion control facilities. The cost of all such work plus that required to repair damage resulting from any erosion is part of the Contract Price and no additional compensation shall be paid to Contractor for same. The Contractor shall install and maintain all required or necessary erosion control measures to cover the entire duration of the term of the Contract. The Contractor is responsible to protect the Project site from erosion damage at all times by utilizing Interim Erosion Control measures which, due to the site’s ever- changing condition during construction, is achieved by implementing Best Management Practices (BMPs). Part of these responsibilities shall include that the Contractor have available for Owner’s review on-site at all times, a copy of the Project SWPPP and the Project erosion control plans. This Erosion Control Plan shall be updated on a continuous basis as required to assure its accuracy. All construction shall be conducted with provisions for the control of sand, silt and debris originating at the construction site. Appropriate areas shall be contained with berms, desilting basins or similar structures to prevent runoff during construction operation. During construction, the Contractor shall check and maintain berms and desilting basins prior to, during, and after all rainfall events. If construction of the project improvements necessitates removal of any erosion control device(s) this device shall be replaced at the end of each working day when the five-day rain probability forecast exceeds 40% or prior to the start of a weekend or holiday. Contractor shall prepare an emergency flood plan that includes monitoring of weather forecasts. The Contractor shall provide to the Owner a plan depicting interim erosion control desilting basin locations and sizes prior to the start of construction. The Contractor shall provide to the Owner supporting calculations for the desilting basin sizes. All contractor-dewatering activities shall comply with most current permit, Waste Discharge Requirements, “California Regional Water Quality Control Board, Santa Ana Region (CRWQCB) and these specifications. Contractor shall notify the City and CRWQCB a minimum of thirty (30) calendar days in advance of any dewatering activity and shall complete all permit application documentation, supply all testing services and       Packet Page. 1040 Speicher Park – East Side Skate Park 114 00 73 13 - SPECIAL CONDITIONS make all reporting required by the permit. In the event that Contractor fails to comply with said permit’s requirements, Contractor shall be responsible for all costs, fines and/or penalties assessed against Contractor, the City or any affiliate of the City by CRWQCB and any other applicable agencies. It is agreed among the parties that added construction costs incurred by the Contractor, due to weather related damage or delay, shall be the Contractor’s responsibility. The Contractor is notified that the approved Erosion Control Plan must be amended from time to time during construction to reflect actual construction practices, and that each amendment must be made by, or under the direction of, the Professional Engineer who prepared the Erosion Control Plan. The price paid for erosion control shall include full compensation for preparation and implementing the Erosion Control Plan and for amending the Erosion Control Plan to conform to Contractor’s actual construction practices during construction. The total price bid for completing and submitting the Erosion Control Plan, and for amending and administering the Erosion Control Plan shall include the cost of all documentation and administration for the entire contract period and shall be included in the lump sum contract price paid for the contract item of work, “Storm Water Pollution Prevention Plan (SWPPP)” and no additional compensation will be allowed therefore. Payment for this bid item shall be paid per Lump Sum (LS) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in Stormwater Pollution and Prevention Plan and NPDES Compliance per project plans and specifications; no additional compensation will be allowed therefor. BID ITEM 3: TREE / STUMP REMOVAL: Unless otherwise shown, all trees are to be protected in place. Demolition and destruction of trees and tree parts, including trunks, branches and foliage, shall be limited to tree removals as shown on the Plans. Root pruning and removals shall be limited to the minimum required to construct new improvements where trees are to be conserved. Prior to removal or pruning of any tree or shrubs the City Arborist shall inspect the trees and shrubs at the contractors request for final approval. Streetscape shall place a visible removable “tag” on each tree proposed to be removed at least five (5) workdays and no earlier than ten (10) workdays prior to removal. Said “tag” is intended to give adjacent residents proof of trees to be removed or saved. Tags shall be on the sidewalk side of trees and located at least five feet (5’) above ground. The Contractor shall remove only trees that have been marked by Streetscape for removal. Trees shall be removed in a workmanlike manner so as not to injure other standing trees, plants, and improvements which are to be preserved.       Packet Page. 1041 Speicher Park – East Side Skate Park 115 00 73 13 - SPECIAL CONDITIONS Stumps shall be ground down three feet (3’) below ground surface within five (5) feet of the center of the stump. All surface roots shall be removed within the parkway. The Contractor shall conform to the following requirements: 1) The cutting down or removal of trees is prohibited after the prescribed working hours unless permission is granted by the Engineer. 2) All debris from pruning or removing a tree shall be cleaned up and hauled away from the Work site on the same day that the tree is cut or pruned. Firewood-size logs may be left neatly piled for residents to pick up for no longer than three (3) days. 3) All holes created from removal of tree stumps shall be backfilled and graded to finish level by the end of the workday. This bid item also includes all work involved in tagging, cutting and complete removal of trunks, branches, stumps and roots; hauling, disposal, restoration and replanting of removal areas; and incidentals. Notes for removals are considered to be typical. In the event that there is not a specific note indicated for a tree or other removal that is in conflict with the new improvements, it shall be considered to be removed and the payment for such removals shall be considered to be within the unit price bid for the various removals and no additional payment will be made therefor. There shall be no separate payment for tree conservation efforts, and all costs thereof shall be absorbed in the bid prices. PAYMENT—Tree and Tree Stump Removals-- Payment for tree and stump removals shall be included in the Contract Unit Price for “Tree / Stump Removal” per Each (EA) and shall include all work involved in tagging, cutting and complete removal of trunks, branches, stumps and roots; hauling, disposal, restoration and replanting of removal areas; and incidentals. Notes for removals are considered to be typical. In the event that there is not a specific note indicated for a tree or other removal that is in conflict with the new improvements, it shall be considered to be removed and the payment for such removals shall be considered to be within the unit price bid for the various removals and no additional payment will be made therefor. There shall be no separate payment for tree conservation efforts, and all costs thereof shall be absorbed in the bid prices. BID ITEMS 16: CONSTRUCTION PROJECT SIGN:       Packet Page. 1042 Speicher Park – East Side Skate Park 116 00 73 13 - SPECIAL CONDITIONS Work specified in this section includes providing all materials and performing all operations to fabricate, install, modify and/or relocate Project Information Sign, and as specified in these Special Provisions. Submit a shop drawing for all sign panels, and the Manufacturer’s data for the Sign Panels. MATERIALS A. Project Information Signs shall be constructed per Caltrans specifications for ½” Plywood single sheet and laminated panel signs. B. Color of signs, panels and lettering shall be as indicated on the drawing in Appendix B of these specifications. C. Sign Posts shall be constructed of wood and shall conform to the provisions of section 56-2.02B, Caltrans. D. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of section 56-2.02D, Caltrans. INSTALLATION A. For this contract, one (2) Project Information Sign shall be installed, relocated or modified for each location as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-2.04, Caltrans. B. Signs to be removed and/or relocated as directed by the City Engineer shall be installed at the new location on the same day the said sign is removed from its previous location. C. The location of each sign shall be as directed by the City Engineer or his designee. Project information sign should be installed in a way to have bottom of sign at least 7ft above the ground. The project information signs shall be erected five (5) working days prior to the start of work. The Contractor shall revise all misspellings and any other corrections on the sign at no extra cost to the City. Upon completion of the project, City shall keep all of the Project Information Signs. Signs shall be 4’x8’, and shall be installed at locations determined by the Engineer. Sign shall be installed with two 4”x4” wooden posts embedded into the ground 36” minimum. The bottom of signs shall be at least 84” above ground. Prior to ordering the sign, the contractor shall obtain from the Engineer the information that will appear on each sign such as text, emblems, colors, fonts, and size. The contractor shall be responsible for the signs during construction and will replace lost or stolen signs at his expense. Vandalized or damaged signs shall be repaired, cleaned, or replaced by the contractor at the contractor’s expense to the satisfaction of the Engineer. At the completion of construction, the contractor shall remove and deliver the signs to THE CITY. Payment for this bid item shall be paid per EACH (EA) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in PROJECT SIGN per project plans and specifications; no       Packet Page. 1043 Speicher Park – East Side Skate Park 117 00 73 13 - SPECIAL CONDITIONS additional compensation will be allowed. END OF SPECIAL CONDITIONS       Packet Page. 1044 Speicher Park – East Side Skate Park 118 Appendices SPECIFICATIONS THE FOLLOWING SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY: •Specifications for City of San Bernardino Parks Improvement Plan For Speicher Park – East Side Skate Park (Attached in separate Packet) •Speicher Park – East Side Skate Park Specifications (Attached in separate Packet)       Packet Page. 1045 Speicher Park – East Side Skate Park 119 Appendices PLANS AND DRAWINGS THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY: 1. Speicher Park – Eat Side Skate Park Plans (Attached in separate packet)       Packet Page. 1046 Speicher Park – East Side Skate Park 120 Appendices APPENDIX “A” CITY OF SAN BERNARDINO BUISNESS REGISTRATION CERTIFICATE APPLICATION FORM       Packet Page. 1047 Speicher Park – East Side Skate Park 121 Appendices       Packet Page. 1048 Speicher Park – East Side Skate Park 122 Appendices APPENDIX “B” CONSTRUCTION 4’ X 8’ PROJECT SIGNS       Packet Page. 1049 Speicher Park – East Side Skate Park 123 Appendices CITY OF SAN BERNARDINO Building a Better San Bernardino SPEICHER PARK – EAST SIDE SKATE PARK PROJECT No. PR 23-003 Estimated Completion: December 2024 Funding Provided By: Measure S, AB 1600 Council Ward: 2 Helen Tran, Mayor Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, Damon Alexander Charles A. Montoya, City Manager For more information, please call the Engineering Department (909) 384-5019 Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo.       Packet Page. 1050 Speicher Park – East Side Skate Park 124 Appendices APPENDIX “C” LOCATION MAP       Packet Page. 1051 Speicher Park – East Side Skate Park 125 Appendices       Packet Page. 1052 BID TABULATION FOR PR 23-003, PROJECT NO. 13622 : SPEICHER PARK - EAST SIDE SKATE PARK BID OPENING: 04/23/24 @ 3:00PM Item No.BID ITEM DESCRIPTION Estimated Quantity Unit BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total SCHEDULE NO. 1 Speicher Park - East Side Skate Park PR 23-003 1.1 Mobilization 1 LS 63,343.66$ 63,343.66$ 170,000.00$ 170,000.00$ 107,000.00$ 107,000.00$ 1.2 Stormwater Pollution and Prevention Plan and NDPES Compliance Per Plans and Specifications 1 LS 11,156.63$ 11,156.63$ 14,000.00$ 14,000.00$ 7,958.00$ 7,958.00$ 1.3 Remove Existing Tree and Root Ball, Dispose 1 LS 19,789.16$ 19,789.16$ 5,000.00$ 5,000.00$ 3,319.38$ 3,319.38$ 1.4 Sawcut and Remove Existing Mow Curb and Dispose Per Plans and Specifications 1 LS 3,101.20$ 3,101.20$ 1,300.00$ 1,300.00$ 1,472.00$ 1,472.00$ 1.5 Remove Existing Fence/Gate, Associated Posts, Footings, ETC. and Dispose Per Plans and Specifications 1 LS 4,724.70$ 4,724.70$ 12,000.00$ 12,000.00$ 8,843.50$ 8,843.50$ 1.6 Sawcut and Completely Remove Existing Concrete Pad, Base, ETC. and Dispose Per Plans and Specifications 1 LS 54,833.73$ 54,833.73$ 58,700.00$ 58,700.00$ 46,000.00$ 46,000.00$ 1.7 Pothole and Locate Existing Underground Utility Lines to Protect in Place as Required Per Plans and Specifications 1 LS 1,148.19$ 1,148.19$ 6,600.00$ 6,600.00$ 6,426.00$ 6,426.00$ 1.8 Remove Existing Landscape/Irrigation and Cap at Limits of Demolition, Dispose Removed Items Per Plans and Specifications 1 LS 4,590.36$ 4,590.36$ 6,700.00$ 6,700.00$ 3,248.75$ 3,248.75$ 1.9 Construct Skate Park. All work to include Surveying and Staking Services, Base material, Concrete Work (Formwork, Reinforcement, Finishing and Curing), and Metal Work (Fabrication, Installation/welding, Painting, Signage and Drain Inlets), required for the construction of an approximate 12,270 SF. Concrete Skate Park. Per Plans and Specifications.1 LS 616,544.58$ 616,544.58$ 727,000.00$ 727,000.00$ 959,698.00$ 959,698.00$ 1.10 Construct Concrete Walk (Approx 1,200 SF.) Per Plans and Specifications 1 LS 30,559.04$ 30,559.04$ 13,500.00$ 13,500.00$ 17,112.00$ 17,112.00$ 1.11 Construct and Install 42” Steel Tube Fencing Per Plans and Specifications 1 LS 67,831.33$ 67,831.33$ 48,900.00$ 48,900.00$ 55,200.00$ 55,200.00$ 1.12 Install “No Dumping – Drains to Ocean” Medallion on Existing Catch Basins 2 EA 72.30$ 144.60$ 275.00$ 550.00$ 109.25$ 218.50$ 1.13 Install Flogard +Plus Catch Basin Insert Filter (Or Approved Equal) per Plans and Specifications 2 EA 497.59$ 995.18$ 5,000.00$ 10,000.00$ 207.00$ 414.00$ 1.14 COLD MILL 5" UNIFORM DEPTH - FULL STREET WIDTH PER PROJECT PLANS AND SPECIFICATIONS 1 LS 6,154.22$ 6,154.22$ 6,300.00$ 6,300.00$ 8,496.20$ 8,496.20$ 1.15 Install Landscape. Complete and in accordance with Contract Documents, including all plant materials (Marina Strawberry Tree, Agave Vilmoriniana Octopus Agave, Lantana X ‘New Gold’, Senecio Mandraliscae ‘Blue Chalk Sticks’) 1 LS 2,572.29$ 2,572.29$ 3,000.00$ 3,000.00$ 25,194.20$ 25,194.20$ 1.16 Construct Raised Concrete Curb 6"-8" per detail C/PP2.01 120 LF 59.24$ 7,108.43$ 25.00$ 3,000.00$ 90.47$ 10,856.40$ 1.17 Project Construction Sign 1 LS 1,412.69$ 1,412.69$ 900.00$ 900.00$ 10,603.00$ 10,603.00$ Total Base Bid 896,009.99$ 1,087,450.00$ 1,272,059.93$ Actual Amount - Recorded Amount -$ (0.20)$ ADDITIVE ALTERNATE NO. 1 -$ 2.1 Slappy Curb Per Skate Park Plans 1 LS 4,265.06$ 4,265.06$ 3,000.00$ 3,000.00$ 5,875.00$ 5,875.00$ 2.2 Entry Plaza w/ Decorative Paving (Approx. 930 SF.) & Seating Entry Plaza Planting & Irrigation 1 LS 60,518.07$ 60,518.07$ 53,750.00$ 53,750.00$ 82,248.00$ 82,248.00$ 2.3 Shade Structure 1 LS 71,139.76$ 71,139.76$ 86,250.00$ 86,250.00$ 92,726.00$ 92,726.00$ Additive Alternate No. 1 SUBTOTAL 135,922.89$ 143,000.00$ 180,849.00$ TOTAL BID SCHEDULE 1,230,450.00$ 1,031,932.88$ APPARENT LOW BIDDER GRINDLINE SKATE PARKS INC. 3RD LOW C.S. LEGACY CONSTRUCTION, INC. 2ND LOW CALIFORNIA SKATE PARKS 1,452,908.93$       Packet Page. 1053       Packet Page. 1054       Packet Page. 1055       Packet Page. 1056       Packet Page. 1057       Packet Page. 1058       Packet Page. 1059       Packet Page. 1060       Packet Page. 1061       Packet Page. 1062       Packet Page. 1063       Packet Page. 1064       Packet Page. 1065       Packet Page. 1066       Packet Page. 1067       Packet Page. 1068       Packet Page. 1069       Packet Page. 1070       Packet Page. 1071       Packet Page. 1072       Packet Page. 1073       Packet Page. 1074       Packet Page. 1075       Packet Page. 1076       Packet Page. 1077       Packet Page. 1078       Packet Page. 1079       Packet Page. 1080       Packet Page. 1081       Packet Page. 1082       Packet Page. 1083       Packet Page. 1084       Packet Page. 1085       Packet Page. 1086       Packet Page. 1087       Packet Page. 1088       Packet Page. 1089 Attachment 5 Location Map 600 ft N ➤➤ N       Packet Page. 1090 2 1 0 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Lynn Merrill, Director of Public Works Operations and Maintenance Department:Public Works Subject:Relinquishment of Dement Street (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-150, accepting title, control, and maintenance of a reconstructed portion of Dement Street upon relinquishment by the State of California, and receipt of written notices from the State that the work thereon has been completed. Executive Summary The relinquishment of Dement Street will enhance efficiency in documentation verification, expediting decision-making processes, and ensuring compliance with legal and regulatory requirements. Additionally, the relinquishment of Dement Street will contribute to the City’s overall organizational effectiveness and risk management. The relinquishment of a street means the transfer of ownership and maintenance responsibility of the street from one government entity (such as a state or county) to another, typically a city. This resolution means the City will take over control and maintenance of Dement Street from the current governing body. Background This item requests that the Mayor and City Council accept title to portions of State Route (SR) 15 and I-215, between Cajon Boulevard and Greenwood Avenue, in the unincorporated community of Devore, in addition to certain “collateral facilities” upon relinquishment by the State. These collateral facilities include relinquished right-of-way of frontage, service roads, or outer highway that were constructed as part of the State highway project. On May 19, 2014, the City allowed the State to perform certain work on portion of Dement Street from Post Mile 16.9 to Post Mile 17.1.       Packet Page. 1091 2 1 0 9 On November 15th, 2017, the Mayor and City Council entered into Freeway Agreement No. 08-SBD—215-PM5.0/14.9 (“Freeway Agreement”) with the State, consenting to the State’s realignment, improvement, or closure of portions of certain City roads affected by the State’s realigning of the SR 15/215 in the Devore area. The Freeway Agreement also included provisions where the City will accept control and maintenance over each of the relocated City roads, any frontage roads, and other local roads constructed as part of the State’s project, on receipt of written confirmation that the work performed therein has been completed, except for any portion which is adopted by the State as a part of the freeway proper. If acquired by the State, the City will accept title to the portions of such roads lying outside the freeway limits, upon relinquishment by the State. Discussion The State has notified the City that work on the subject portion of SR 15/215 is complete and has provided the City with the Environmental Disclosure Memorandum (EDM DOC) Rel 503-S. Once the Mayor and the City Council accept the EDM DOC and the proposed Resolution, the State will present a Resolution of Relinquishment to the California Transportation Commission (CTC) for consideration. After the recordation of the CTC’s Resolution of Relinquishment, the City will be fully responsible for any present and future remediation of hazardous materials, noted in the environmental documents, and will be responsible for the operation and maintenance of all roads included in Exhibits A and B (Attachments 1 & 2). City staff has reviewed the EDM DOC, and has determined that any contaminants present on or near the relinquished facilities are under acceptable thresholds and do not require remediation. Pursuant to the Freeway Agreement and California Streets and Highways Code Section 73, the City agrees to control, operate, and maintain roads identified in the Freeway Agreement upon receipt of notification from the State that work related to the SR 15/215 project is complete. Upon approval of this agenda item, the City will resume as the responsible agency for roads affected by the State’s interchange project, as shown on Exhibits A & B. City staff has evaluated the subject roads and recommends adoption of the proposed Resolution. The State’s relinquishment includes Dement Street from Post Mile 16.9 to Post Mile 17.1. This item meets the City’s standards for roadway design and pavement conditions by working with the State in completing all required documents necessary to close out the SR 15/215 project relevant to the City. 2021-2025 Strategic Targets and Goals Adoption of this Resolution aligns with Key Target No.3 Reduce the burden of unsheltered engagement, collaboration, and partnership with other entities. The relinquishment of Dement Street will enhance efficiency in documentation verification, expediting decision-making processes, and ensuring compliance with legal and regulatory requirements.       Packet Page. 1092 2 1 0 9 Fiscal Impact There is no General Fund impact for the relinquishment of this street. The cost of maintenance is included in the City’s budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-150, accepting title, control, and maintenance of a reconstructed portion of Dement Street upon relinquishment by the State of California and receipt of written notices from the State that work thereon has been completed. Attachments 1. Attachment 1 - Resolution 2024-150 2. Attachment 2 - Exhibit A 3. Attachment 3 - Exhibit B 4. Attachment 4 - Exhibit C-0k710 HMDD-D 5. Attachment 5 - Exhibit D-EDM Doc (Rel 503-S) Ward: Fifth Ward Synopsis of Previous Council Actions: None       Packet Page. 1093 Resolution No. 2024-150 Resolution 2024-150 July 3, 2024 Page 1 of 4 4 7 7 3 RESOLUTION NO. 2024-150 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING TITLE, CONTROL, AND MAINTENANCE OBLIGATIONS OF A RECONSTRUCTED PORTION OF DEMENT STREET UPON RELINQUISHMENT BY THE STATE OF CALIFORNIA AND RECEIPT OF WRITTEN NOTICE FROM THE STATE THAT THE WORK THEREON HAS BEEN COMPLETED WHEREAS, pursuant to “Off-Site Street Construction Permit “No. E 1400631” and plans approved by the City on May 19, 2014, the city allowed the State to perform work on a certain portion of Dement Street, from Post Mile 16.19 to Post Mile 17.1; and WHEREAS, October 23, 2015, the City approved Resolution 2015-232, pursuant to which the City took over the operations and maintenance of Dement Street; and WHEREAS, the State has requested that the City accept title, control, and maintenance obligations of said portion of Dement Street as shown in Exhibit “A” and Exhibit “B”, attached and incorporated herein, upon relinquishment by the State and receipt of written notice from the State that the work has been completed, except for any portion which is adopted by the State as a part of the freeway proper; and WHEREAS, the State has requested that the City waive the 90-day notice of “Intention to Relinquish” requirement, set forth in Section 73 of the California Streets and Highways Code; and WHEREAS, the State has requested that the City acknowledge receipt and review of Initial Site Assessment Document EA 0K710, dated October 16, 2023 (“ISA DOC EA 0K710”), and agrees that no dangerous conditions exist on said portion of Dement Street; and WHEREAS, the State has requested that the City accept relinquishment of said portion of Dement Street in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials, as described in ISA DOC EA 0K710; and WHEREAS, the State has requested that the City agree that, within one (1) year of the CTC date of approval of the resolution of relinquishment, the State will conduct a review of the above- referenced ISA DOC EA 0K710, and if the State determines that there is a substantive or potentially substantive adverse change to the environment that did not exist at the time of the above-referenced ISA DOC EA 0K710, the State will immediately notify the City of said changes, and if no substantive or potentially substantive adverse change to the environment is found to exist, then acceptance of this relinquishment in its current environmental condition shall remain in effect; and WHEREAS, the State has requested to be held harmless from and not responsible for any present or future remediation of said hazardous materials upon recordation of the CTC Resolution of       Packet Page. 1094 Resolution No. 2024-150 Resolution 2024-150 July 3, 2024 Page 2 of 4 4 7 7 3 Relinquishment. Upon said recordation, the City will have all right, title, or interest to said portion of Dement Street shown as proposed Relinquishment No. 498-S on Exhibit “A” and reconstructed Dement Street on Exhibit “B.” BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council hereby agree to accept title, control and maintenance of said portion of Dement Street upon both relinquishment by the State and receipt of written notice from the State that the work has been completed; and SECTION 2. The Mayor and City Council hereby waive the 90-day Notice of Intent to Relinquish a right of way from the State; and SECTION 3. The Mayor and City Council hereby acknowledge receipt and review of the Initial Site Assessment Document EA 0K710, dated October 16, 2023, and agree that no dangerous conditions exist on said portion of Dement Street; and SECTION 4. The Mayor and City Council accept relinquishment of said portion of Dement Street in its current environmental condition including, but not limited to, the presence of hazardous materials as described in the above ISA DOC EA 0K710; and SECTION 5. The Mayor and City Council agree that within one (1) year of the CTC date of approval of the resolution of relinquishment, the State will conduct a review of the above-referenced ISA DOC EA 0K710, and if the State determines that there is a substantive or potentially substantive adverse change to the environment that did not exist at the time of the above-referenced ISA DOC EA 0K710, the State will immediately notify the City of said changes, and if no substantive or potentially substantive adverse change to the environment is found to exist, then acceptance of this relinquishment in its current environmental condition shall remain in effect; and SECTION 6. The Mayor and City Council agree the State shall be held harmless from and not responsible for any present or future remediation of said hazardous materials upon recordation of the CTC Resolution of Relinquishment. Upon said recordation, City will have all right, title, or interest to the said portion of Dement Street shown as proposed Relinquishment No. 498-S on Exhibit “A” and reconstructed Dement Street on Exhibit “B”. 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 3rd day of July 2024. Helen Tran, Mayor City of San Bernardino       Packet Page. 1095 Resolution No. 2024-150 Resolution 2024-150 July 3, 2024 Page 3 of 4 4 7 7 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Best Best & Krieger LLP, City Attorney       Packet Page. 1096 Resolution No. 2024-150 Resolution 2024-150 July 3, 2024 Page 4 of 4 4 7 7 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. 2024-150, adopted at a regular meeting held on the 3rd day of July 2024 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 July 2024. Genoveva Rocha, CMC, City Clerk       Packet Page. 1097 EXHIBIT "A" SHEET 1 OF 1 CITY LIMIT LINE THE CITY OF SAN BERNARDINO BY THE STATE OF CALIFORNIA TO PROPOSED RELINQUISHMENT 498-S RANCHO MUSCUBIABE RW RW RW RW T O VI CT O R VILLE TO RIVERSIDE ACCESS CONTROL CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY OF DEMENT STREETSTATE ROUTE 215 CITY LIMIT PORTION TO BE RELINQUISHED N 44^33'34" W 477.84'445.97'N 44^30'08" E 50.09' N15^43'33"E 66.08' N 48^18'25" W N45^29'52"W TO BE RELINQUISHED PORTION OF DEMENT STREET FOR SPECIFIC R/W DATA. 2. SEE CALTRANS RIGHT-OF-WAY MAP NO. RW000150-06 RESOLUTION UNTIL THE RECORDATION OF THE RELATED CTC NOTES: 1. RELINQUISHMENT NO. 498-S IS NOT COMPLETED COMMUNITY OF DEVORE UNINCORPORATED NO SCALE       Packet Page. 1098       Packet Page. 1099 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001-D ( NEW 03/2009) Page 1 of 3 This document provides written disclosure that the referenced property, as shown on the map(s) attached, has been reviewed by the District Hazardous Waste Technical Staff (located in Environmental or Environmental Engineering) and provides direction regarding property disposal based upon that review. DATE APPRAISAL MAP NO. MAP DATE DIST/CO/RTE/PM (KP) EA PROJECT NAME OR DESCRIPTION 04/01/22 08/SBD/15 PM 14-R16.4/215 PM 16-17.8 503S 08-0K710 n/a I-15/I-215 DEVORE INTERCHANGE IMPROVE RW PARCEL NUMBER(S): RW PARCEL NUMBER(S): Segment 1, Segment 2, Segment 3, Segment 4, Segment 5, Segment 6 RW PARCEL NUMBER(S): See subsequent pages for detailed information regarding property condition and status. Form Prepared By: Approved by District Hazardous Waste Supervisor Date These Parcels Can NOT Currently Be Sold or Exchanged: These Parcels Can Be Sold or Exchanged With Full Information Disclosure: These Parcels Can Be Sold or Exchanged: ACTION SUMMARY 04/05/2022       Packet Page. 1100 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001-D ( NEW 03/2009) Page 2 of 3 HAZARDOUS MATERIALS DISCLOSURE DOCUMENT- DISPOSAL DETAIL Parcel #s ( )1. Based upon an Initial Site Assessment, the referenced parcel(s) are considered free of significant hazardous materials (describe potential sources of minor contamination in the Comments section). Subject parcel(s) can be sold or exchanged. 2. The referenced parcel(s) do not require cleanup cost estimates, but have been identified as having: ( )(a) minor soil contamination. A hazardous waste Site investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). Subject parcel(s) can be sold or exchanged.; has not has / ( )(b) contaminated groundwater under the property. A hazardous waste Site investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). The source of contamination has been determined not to be attributed to the Caltrans property or operations (an indemnification letter from the local, state or federal regulatory authority [ ] attached). Subject parcel(s) can be sold or exchanged.; has not has / is not is / ( )(c) contaminated groundwater under the property. A hazardous waste Site investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). However, the source of contamination has been removed or remediated to regulatory cleanup levels (attach closure letter). Subject parcel(s) can be sold or exchanged with full information disclosure.; has not has / see above( )(d) lead soil contamination, probably as a result of aerial deposition of vehicular gasoline emissions. A project specific hazardous waste Site Investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). Subject parcel(s) can be sold or exchanged with full information disclosure.; has not has / ( )(e) hazardous materials previously present on the referenced parcel(s) that have been sufficiently remediated. A hazardous waste Site Investigation [ ] been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). A regulatory closure letter, if appropriate, is attached. The subject parcel(s) can be sold or exchanged with appropriate and full information disclosure and/or deed restrictions. has not has /       Packet Page. 1101 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001-D ( NEW 03/2009) Page 3 of 3 ( )3. This document includes, as an attachment, a hazardous waste Site Investigation report stating the nature and extent of contamination and cleanup cost estimates for the referenced parcel(s). However, cleanup is not required pursuant to state or federal law. The subject parcel(s) can be sold or exchanged with appropriate and full information disclosure and/or deed restrictions.. ( )4. This document includes the hazardous waste Site Investigation work schedule or cleanup plans, schedule, and current status for the referenced parcel(s), as an attachment. The work will be completed by [ ]. The subject parcel(s) can not be sold or exchanged until remediation is complete The District must request a Category 2D Environmental Hold on the subject parcel(s). (Note: Attach this Hazardous Materials Disclosure Document - Disposal to the Application to Hold Excess Land request form - RW 16-3). a responsible party Caltrans / ( )5. The referenced parcel(s) have been identified as containing or potentially containing, hazardous materials and can not be sold or exchanged. The District must request a Category 2D Environmental Hold on the subject parcel(s). (Note: Attach this Hazardous Materials Disclosure Document - Disposal to the Application to Hold Excess Land request form - RW 16-3). The Hazardous Materials Disclosure Document - Disposal will be updated when the parcel can be sold or exchanged. In addition: ( )(a) an appropriate hazardous waste Site Investigation must be performed to determine the nature and extent of contamination, and remedial cost estimates. Proper charging codes and expenditure authorization (EA) need to be provided to the District Hazardous Waste Technical Specialist. Site Investigation is anticipated to be completed by (date).; Comments ADL is present on site and must be appropriately handled. ( )(b) a hazardous waste Site Investigation, for potentially contaminated adjacent property, will be scheduled by the District Hazardous Waste Technical Specialist when a permit to enter is obtained by the District/Region Right of Way Office. The permit request was submitted on (date) and the Site Investigation is anticipated to be completed by (date).; ( )(c) hazardous waste Site Investigation studies are complete and either a regulatory case closure is being obtained or the site requires cleanup or long-term monitoring. Resolution is expected by (date).; ( )Other: Explain in the Comments section below. (NOTE: Disposal of property without adequate investigation is an unacceptable risk. If adequate investigation has not been completed, use #4 or #5 above). 6. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Managem Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.       Packet Page. 1102 State of California California State Transportation Agency DEPARTMENT OF TRANSPORTATION “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” M e m o r a n d u m Making Conservation a California Way of Life. This memo presents an assessment of known or likely hazardous materials and waste related concerns pertaining to relinquishment REL - #503S located at route 15 at postmiles R13.8/R14.08, R14.14/R14.43 and route 215 at postmiles 17.04/17.26, 17.19/17.55 in the City of San Bernardino. Site Description REL- #503S consists of a 6 segments relinquishing the following streets: Cajon Blvd., Dement St., Cajon Ct., Devore Rd., Nedlee Ave. as identified on the attached KMZ drawing (Attachment 503-S_SHT 01_INDEX_ENV, 503-S_SHT 02_ENV, 503-S_SHT 03_ENV, 503- S_SHT 04_ENV, 503-S_SHT 05_ENV) See Attachment Relinquishment Map for a site location map. Current Site Use The site is presently state highway system. Use Prior to Acquisition by Caltrans Based on record search with maintenance, no prior usages with regards to the properties of relinquishment were provided prior to acquisition by Caltrans. Utility Easements and Pipelines Based on Caltrans records, no easements and pipelines that may exist on the parcel were provided. Geotracker/Envirostor Data The regulatory databases Geotracker and Envirostor maintained by the California State Water Resources Control Board and the California Department of Toxic Substances Control (DTSC), respectively. Caltrans on March 10, 2022, reviewed these regulatory databases and identified 3 regulated properties within 2,640 feet (0.5 mile) of the relinquishment area. Regulatory No Further Action notices have been issued for the following properties, identified as: To: NAME Thomas Oatman Title DEPARTMENT OF TRANSPORTATION Area District 8 Right of Way Date: April 18, 2022 File: 503S From: NAME Olufemi Odufalu Title DEPARTMENT OF TRANSPORTATION Area District 8 Environmental Engineering Subject: ENVIRONMENTAL DISCLOSURE MEMO: RELINQUISHMENT REL-# 503S       Packet Page. 1103 NAME April 18, 2022 Page 2 of 8 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” 1. Glen Helen Parkway Bridge Project (T10000006459) Glen Helen Parkway Devore, CA 92407 2. Glen Helen Regional Park (T0607100575) 2555 Glen Helen Parkway San Bernardino, CA 92407 There is one active investigation/mitigation sites adjacent to the relinquishment area identified as: 1. Fedex - BNSF Rail Derailment (T10000012364) 7250 Cajon Boulevard San Bernardino, CA 92407 No permitted underground storage tanks (UST) properties are located adjacent to the relinquishment area. It is unknown whether any of these sites have impacted the relinquishment area. Attachment 2 provides a screenshot from Geotracker with the Envirostor layer turned on illustrating the relinquishment parcel and surrounding area. Based on the CUPA search findings no underground storage records were found near 1677 Devore Rd. which is a site with past underground storage tank history. According to Assessor records available, APN 0349-137-24 has an address of 18345 Cajon Blvd., for which records exist. Past inactive permits/non permits includes the following: 1. Young, Kim Former International Machine 18345 Cajon Blvd. San Bernardino 2. Cajon Services Former Wagon Train Towing 18345 Cajon Blvd. Devore 3. Wilson's Auto Repair 18345 Cajon Blvd. San Bernardino Past permits to install, modify, or recover 3 UST’s include the following location: Kim, Yon Chung 18291/18345 Cajon Blvd. Devore Sludge discharge occurred on 18345 Cajon Blvd. Devore in 1991 and no site remediation or cleanup records were found. Aerially Deposited Lead Tetraethyl lead was first added to gasoline, as an anti-knock additive, in the early 1920s. California ended the use of leaded fuel for any on-road motor vehicles in 1994, with the       Packet Page. 1104 NAME April 18, 2022 Page 3 of 8 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” remainder of the United States banning use in 1996. Lead is still an additive to aviation fuels. Particulate lead was discharged in vehicle exhaust settling on and along California’s highways. The lead discharged from motor vehicles that accumulated in roadside soil is referred to as aerially-deposited lead (ADL). Elevated concentrations of ADL are present in roadside soils throughout California. Due the use history of the relinquishment area and surrounding area, ADL is present within the area to be relinquished. The areas within the vicinity of the I-15/I-215 Interchange was sampled for ADL which is near the relinquishment area. The Aerially Deposited Lead Investigation and Environmental Evaluation Report dated March 10, 2011, provides the results of this sampling. This report may be accessed upon request at Caltrans District 8 at 464 W. 4th St. San Bernardino, CA 92401. Soil with elevated ADL must be appropriately managed. The EDR section of the ADL report on pages 457 to 468 references the findings of past usages of the area with regards to the properties on Cajon Blvd and Devore Road as well as adjoining properties. The full report is available from this office. See the full report for details. Striping/Pavement Markings Lead chromate was a constituent of striping paint and pavement marking materials but has been phased out by Caltrans. However, older striping and pavement marking materials having elevated concentration of lead may still be present. Caltrans did not test these materials to determine if they contain lead chromate. These materials must be appropriately managed if they contain elevated lead chromate. California Geologic Survey Mineral Hazard Database Review The California Geologic Survey has compiled maps identifying mineral hazards within California, including petroleum, lithologic units and structures containing naturally occurring asbestos, mercury, asbestos and other mineral hazards. Attachment 3 provides a screenshot of this mapping within the relinquishment area. These maps indicate that the relinquishment area is not located within a geologic unit known to contain naturally-occurring asbestos or other hazardous minerals. There are faults mapped on the CGS maps within the relinquishment areas where naturally- occurring asbestos may be present on the slip faces. There are no known gas wells, oil wells, or seeps identified on the Division of Oil, Gas, and Geothermal Resources (DOGGR) maps within or adjacent to the relinquishment area. Asbestos Containing Materials/Naturally Occurring Asbestos Asbestos containing materials (ACM) were frequently used on Caltrans structures in the form of shims, additives to mastics and transite pipe. Materials used in concrete comprising structural elements including bridge decks, buttresses and approaches may contain sand and gravel that may have naturally occurring asbestos. Structures within the relinquishment area may have ACM materials. Caltrans has tested these materials for the presence of asbestos on structures within the relinquishment area to determine if they contain ACM. The report:       Packet Page. 1105 NAME April 18, 2022 Page 4 of 8 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Asbestos Containing Materials Survey Report, April 4, 2011, provides the results of this sampling. This report may be accessed upon request at Caltrans District 8 at 464 W. 4th St. San Bernardino, CA 92401. Lead Based Paint Lead-based paint (LBP) was used by Caltrans on many structures. Structures within the relinquishment area may be painted with LBP. In addition, weathered LBP may have fallen into soils beneath structures and be present in elevated concentrations. Caltrans has not tested these materials to determine if they consist of lead-based paint. Chemically-Treated Wood Wood products, such as sign posts, are commonly treated with chemical preservatives to protect the wood from insects, microorganisms, fungi, and other environmental conditions that can cause wood decay. Treated wood contains elevated concentrations of hazardous chemicals, once these wood products are removed from service they must be managed under Health & Safety Code §25230 et seq Spills and Accidental Releases The Caltrans Maintenance program has no records of spills or accidental releases of hazardous materials within the area of relinquishment. Visual Observations Caltrans did not conduct a visual survey of the relinquishment area. It is unknown whether the identified commercial/industrial uses adjacent to the relinquishment area may have released hazardous materials that could have entered the parcel being relinquished. Electronic Waste No electronic wastes were found in the parcel areas. Site Investigations The following site investigation reports addressing parcels being relinquished are available in electronic format. These reports may be accessed upon request at Caltrans District 8 at 464 W. 4 th St. San Bernardino, CA 92401. Preliminary Site Investigation Report Former Agricultural Areas within Highway Improvement Zone, dated December 27, 2011 Preliminary Site Investigation Report Former Mobile Service Station, dated December 27, 2011 Preliminary Site Investigation Report Railroad Area Highway Improvements, dated December 27, 2011.       Packet Page. 1106 NAME April 18, 2022 Page 5 of 8 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Attachment 1. Map of Relinquishment Attachment 2. Geotracker and Envirostor Screen Capture Attachment 3. Naturally Occurring Asbestos Map Attachment 1. Map shows the 6 segments being relinquished to the County of San Bernardino.       Packet Page. 1107 NAME April 18, 2022 Page 6 of 8 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Attachment 2. Geotracker and Envirostor Screenshot showing RWQCB cases in the vicinity of the project site taken on March 10, 2022.       Packet Page. 1108 NAME April 18, 2022 Page 7 of 8 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Attachment 3. Naturally occurring asbestos map.       Packet Page. 1109 NAME April 18, 2022 Page 8 of 8 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”       Packet Page. 1110 2 1 6 1 DISCUSSION City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager’s Office Subject:Adopt Resolution Establishing the Homeless Initiatives Ad Hoc Sub-Committee (All Wards) Recommendation: Adopt Resolution No. 2024-141 of the Mayor and City Council of the City of San Bernardino, California, establishing the Homeless Initiatives Ad Hoc Sub-Committee. Executive Summary The Homeless Initiatives Ad Hoc Sub-Committee would be a committee composed of less than a quorum of council members and would meet as needed between July 3, 2024, and June 30, 2025. The purpose of the ad hoc sub-committee will be to review and advise staff on policy, program, and project proposals specifically related to the City’s short-term and long-term homeless strategies. This will assist staff in developing future recommendations for addressing the City’s homeless crisis, helping to ensure they are fully vetted and better aligned with Council’s direction. Background Chapter 2.76 of the San Bernardino Municipal Code and Section 600 of the City Charter allow the Mayor and City Council to establish sub-committees. These sub- committees must be comprised of less than a majority of Council members, and the sub committees have the power to study, research, and make appropriate recommendations to the Mayor and City Council concerning any matter referred to such committee by the Mayor and City Council. The power to appoint Council members to sub-committees is established in Section 303 of the City Charter, where it is a power and duty of the Mayor. Specifically, Section 303 (d) of the City Charter states: Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council.       Packet Page. 1111 2 1 6 1 The Mayor’s appointment power to sub-committees is also affirmed in Section 2.76.040 of the San Bernardino Municipal Code, whereby the Mayor shall also have the responsibility to designate a chairperson of the sub-committee: It shall be the responsibility and duty of the Mayor to assign City Council Members to all standing committees and ad hoc sub- committees of the City Council. It shall also be the responsibility and duty of the Mayor to designate chairpersons of all standing sub- committees and ad hoc sub-committees of the City Council. Discussion On April 10, 2024, staff presented the Mayor and City Council with an update on the City’s short-term and long-term strategies for addressing the City’s homeless crisis. To ensure that the policies, programs, and projects related to these strategies are properly aligned with Council direction, it is recommended that a Homeless Initiatives Ad Hoc Sub-Committee is established. The proposed Ad Hoc Sub-Committee will review the issues and proposals that are directly related to the implementation of the City’s short- term and long-term homeless strategies and will assist staff in developing recommendations that are to be brought forward for the full consideration of the entire Mayor and City Council. To function as a true “ad hoc” sub-committee, and not a standing committee subject to the Brown Act, the Homeless Initiatives Ad Hoc Sub- Committee would be comprised solely of less than a quorum of council members, have a limited purpose, and have a limited duration. Additionally, the proposed ad hoc sub- committee would be advisory only; the Mayor and City Council cannot delegate any decision-making authority to the sub-committee. As proposed, the Homeless Initiatives Ad Hoc Sub-Committee would be composed of up to three (3) Council members. The Homeless Initiatives Ad Hoc Sub-Committee would be tasked with the limited purpose of reviewing and vetting policy, program, and project proposals related to the City’s short-term and long-term strategies for addressing the homeless crisis. This includes, but is not limited to, the implementation of the Motel Voucher Program and the development of emergency shelters such as the City’s Navigation Center. The establishment of the Homeless Ad Hoc Sub-Committee would have a set duration, where it would meet as needed between July 3, 2024, and June 30, 2025, at which time it will automatically dissolve. 2021-2025 Strategic Targets and Goals Establishing the Homeless Ad Hoc Sub-Committee relates to Key Target No 1a: Establish clear policy direction and predictable organization structures, and Key Target No 3: Improved Quality of Life. Fiscal Impact There is no fiscal impact associated with establishing the Homeless Ad Hoc Sub- Committee.       Packet Page. 1112 2 1 6 1 Conclusion Adopt Resolution No. 2024-141 of the Mayor and City Council of the City of San Bernardino, California, establishing the Homeless Initiatives Ad Hoc Sub-Committee. Attachments Attachment 1 – Resolution No. 2024-141 Attachment 2 – Section 303 of the City Charter Attachment 3 – Section 600 of the City Charter Attachment 4 – Chapter 2.76 of the Municipal Code Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Page. 1113 Resolution No. 2024-141 Resolution 2024-141 July 3, 2024 Page 1 of 3 4 8 8 5 RESOLUTION NO. 2024-141 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE HOMELESS INITIATIVES AD HOC SUB-COMMITTEE WHEREAS, under Section 600 of the City Charter and Chapter 2.76 of the San Bernardino Municipal Code, the Mayor and City Council may establish sub-committees to study, research, and make appropriate recommendations to the Mayor and City Council concerning any matter referred by the Mayor and City Council; and WHEREAS, Section 303(d) of the City Charter states that the Mayor is to appoint the members and officers of Council committees made up of less than a majority of the City Council members; and WHEREAS, on February 1, 2023, the Mayor and City Council declared a Homelessness State of Emergency; and WHEREAS, on April 10, 2024, the Mayor and City Council held a study session where staff presented an update on the City’s short-term and long-term strategies for addressing the City’s homeless crisis; and WHEREAS, the Mayor and City Council now wish to establish an Ad Hoc Sub- Committee to meet as needed until June 30, 2025, to study, research, and make appropriate recommendations to the Mayor and City Council concerning the City’s homeless initiatives. 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 Homeless Initiatives Ad Hoc Sub-Committee is hereby established to meet as needed with the limited purpose of reviewing and vetting policy, program, and project proposals related to the City’s short-term and long-term strategies for addressing the homeless crisis. The Homeless Initiatives Ad Hoc Sub-Committee shall be composed of no more than three (3) City Council members, to be appointed by the Mayor in accordance with Section 303 (d) of the City Charter. The Homeless Initiatives Ad Hoc Sub-Committee may meet as needed between July 3, 2024, and June 30, 2025, at which time it will automatically dissolve. 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       Packet Page. 1114 Resolution No. 2024-141 Resolution 2024-141 July 3, 2024 Page 2 of 3 4 8 8 5 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 3rd day of July, 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 1115 Resolution No. 2024-141 Resolution 2024-141 July 3, 2024 Page 3 of 3 4 8 8 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-141, adopted at a regular meeting held on the 3rd day of July 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk       Packet Page. 1116 Section 303. Powers and Duties of the Mayor The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter: (a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter; (b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council; (c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members; (d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council; (e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f) Be the chief spokesperson for the City; and (g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City's interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office.       Packet Page. 1117 Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter.       Packet Page. 1118 Chapter 2.76 COUNCIL COMMITTEES Sections: 2.76.010 Powers of City Council Sub-Committees 2.76.020 Notice of meetings 2.76.030 Information from City personnel 2.76.040 Assignment of Sub-Committee Members and Designation of Sub-Committee Chairpersons 2.76.010 Powers of City Council Sub-Committees Any committee appointed by the Mayor from among the City Council membership shall have power to study, research and make appropriate recommendations to the Mayor and City Council concerning any matter referred to such committee by the Mayor and City Council. The scope and function of any such Council Sub-Committee shall be as directed by the Mayor and City Council, which shall provide specific direction as to the purposes and actions of the Council Sub-Committee. (Ord. MC-1455, 2-07-18; Ord. MC-362, 4-17-84; Ord. MC-345, 3-07-84) 2.76.020 Notice of meetings Each City Council Sub-Committee shall give reasonable notice of time and place of its meetings and shall provide a copy of its agenda, attachments and minutes, to the Mayor, City Council, City Manager, City Attorney and such other City officials as it may deem advisable. (Ord. MC-1455, 2-07-18; Ord. MC-362, 4-17-84; Ord. MC-345, 3-07-84) 2.76.030 Information from City personnel Upon the referral of any matter by the Mayor and City Council, such City Council Sub-Committee, whether standing, permanent or temporary, shall have power to request, upon giving reasonable notice, the City Manager to provide or cause to be provided to the Sub-Committee such data reasonably required by the City Council Sub-Committee to carry out its direction. (Ord. MC-1455, 2-07-18; Ord. MC-362, 4-17-84; Ord. MC-345, 3-07-84) 2.76.040 Assignment of Sub-Committee Members and Designation of Sub- Committee Chairpersons It shall be the responsibility and duty of the Mayor to assign City Council Members to all standing committees and ad hoc sub-committees of the City Council. It shall also be the responsibility and duty of the Mayor to designate chairpersons of all standing sub- committees and ad hoc sub-committees of the City Council. (Ord. MC-1455, 2-07-18; Ord. MC-1289, 11-04-08)       Packet Page. 1119 DISCUSSION City of San Bernardino Request for Council Action Date:July 3, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Lynn Merrill, Director of Public Works, Operations & Maintenance Department:Public Works Subject:Consideration of the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-111; 1. Approving the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. Executive Summary Consideration of approval of the Third Amendment to the Franchise agreement between the City of San Bernardino and Burrtec Waste Industries, Inc. to continue the current $26.42 per month rate for Single Family and Multi-Family Dwelling units and all other per month rates as currently set forth; implementing the SB 1383 Regulations to require residential and commercial waste generators to participate in organic recycling programs, and extending the existing franchise agreement from March 31, 2026 to March 31, 2031. Background The City of San Bernardino has an exclusive Franchise Agreement (Agreement) with Burrtec Waste Industries, Inc., (Burrtec) to provide waste and recycling services to all residents and businesses in the City, effective April 1, 2016 through March 31, 2026. The initial rate set forth for Single or Multi-Family Dwellings for the period April 1, 2016 through June 30, 2017 was $22.84 per month. The original Franchise Agreement has       Packet Page. 1120 been amended twice. The First Amendment to the Agreement made adjustments to the list of City-owned vehicles, including those that were originally purchased by Burrtec. The Second Amendment to the Agreement further revised the list of City-owned vehicles to account for vehicles that had been disposed of by the City. Both the First and Second Amendments were approved in January of 2016. Under Section 21.1.3 of the Franchise Agreement, Burrtec is allowed to submit a proposed annual Consumer Price Index (CPI) inflationary rate adjustment and rate schedule to the City Manager for review by March 1 each year. The Agreement also caps the annual CPI rate adjustment at 5%, with any amount above 5% or below 0% carried forward and applied in subsequent years. These rate adjustments would take effect July 1st of each year. Senate Bill (SB) 1383, (Lara, Chapter 395, Statutes of 2016), was passed by the Legislature to reduce greenhouse gases produced by organic material in the waste stream. The California Department of Resources Recycling and Recovery (CalRecycle) adopted regulations to implement SB 1383 (SB 1383 Regulations) and has a large impact on solid waste services the City was required to provide to its residents and businesses beginning January 2022. Because these mandated services are not included in the current Agreement, an amendment is now required to incorporate them. In 2021, the annual CPI adjustment increased the Single Family and Multi-Family Dwelling rate from $22.84 to $26.42 per month. In 2022, the annual CPI adjustment was deferred due to negotiations with Burrtec. In late 2022, the City and Burrtec commenced negotiations relating to the implementation of the SB 1383 Residential Program and a subsequent rate adjustment as a result of changes in law which required the provision of organic waste programs due to the SB 1383 Regulations. An initial public hearing was scheduled for February 15, 2023 and the Proposition 218 notice was mailed 45 days before the February 2023 hearing. Staff prepared a Third Amendment to the Agreement to include required changes due to the SB 1383 Regulations. However, the City scheduled a subsequent public hearing on May 17, 2023 to provide for adequate notice. The proposed rate for Single Family and Multi-family dwelling units was $37.97. At the May 17, 2023 Council meeting, Council directed staff to continue the Public Hearing to June 21, 2023 and conduct additional negotiations with Burrtec for a lower rate. On June 31, 2023, staff requested that the Public Hearing be again continued to July 19, 2023. On September 6, 2023, staff again requested that the Public Hearing be continued to January 17, 2024 and staff advised that they had retained R3 Consulting Group (R3 Consulting), a nationally recognized solid waste consulting firm, to conduct the rate analysis and provide draft language for a Third Amendment to the Agreement. At the January 17, 2024, Council meeting, staff requested that the Public Hearing process be terminated, and that a new rate proposal be brought forward by May 1, 2024. Over the last eight months, R3 Consulting has assisted the City in negotiations. Staff has worked with R3 Consulting to complete a thorough review of the Agreement, identify       Packet Page. 1121 changes that needed to be made to implement the SB 1383 Regulations, and negotiate revisions to the Third Amendment to incorporate these changes. Section 4.3 of the Agreement “Term Extensions” permits the City to negotiate at its discretion, one five-year extension to the Agreement, which would extend the term from March 31, 2026, to March 31, 2031. Pursuant to Section 4.3, the City negotiated with Burrtec between April 1, 2023 and ended March 31, 2024. At the January 17, 2024, Council meeting, staff advised the Council that it was expecting to request proposals for new solid waste and recycling services prior to expiration of the existing Agreement on March 31, 2026. Based on business considerations, on March 29, 2024, Burrtec submitted a proposal to retain the existing rates in exchange for the City extending the term by five years. Staff and R3 reviewed this revised proposal. The key elements of the proposal are set forth in the Discussion section below. Discussion SOLID WASTE RATES – Burrtec has proposed to hold the residential solid waste rates to the current monthly rate of $26.42 through June 30, 2025. This means that the City of San Bernardino will have the lowest residential monthly rates of any of the cities within the County. Staff conducted a survey of solid waste rates in the larger San Bernardino and Riverside metropolitan areas, and the result of the survey are shown in the table in Exhibit 1. As shown in Exhibit 1, Residential rates for Single Family dwellings currently range from $28.08 for Loma Linda to $40.77 per month for Redlands. The average residential solid waste rate among the 18 cities is $34.51. The proposed rate set forth by Burrtec at $26.42 per month for FY 24-25 would place the City at the absolute lowest rate in the Inland Empire among the 18 surveyed cities. This rate would also serve as the base rate for additional rate increases, starting in July 2025. SB1383 IMPLEMENTATION – Burrtec proposes to implement the SB1383 Residential and Small Commercial Generator Program, effective July 1, 2024. This will bring the City into compliance with State requirements and will prevent any potential enforcement efforts by CalRecycle, including, but not limited to, possible $10,000 per day fines against the City. STREET SWEEPING SERVICE ISSUES – Burrtec has retained a new street sweeping contractor who is fully compliant with the requirements of the street sweeping program, and uses Global Position System. This will allow the City to better monitor the sweeping program, including complaint resolution. PERIOD OF PERFORMANCE – Burrtec is requesting that the City extend the term end date of the Agreement by five years, from March 31, 2026 to March 31, 2031.       Packet Page. 1122 Staff and R3 have reviewed Burrtec’s proposal, which is set forth in the attached Third Amendment. Staff recommends Council adopt the Third Amendment as it offers the best value to the City’s rate payers, makes more staff resources available to achieve high priority goals, avoids costly processing and ensures immediate legal compliance with state laws that could otherwise result in costly fines to the City. If the Third Amendment is approved, there will be no need to hold a Public Hearing in 2024 to adopt rates, because the rates would remain the same. A Public Hearing would be necessary in May 2025, if Burrtec seeks a rate increase for its annual CPI increase. This item was originally scheduled for consideration by the City Council at the May 15, 2024, meeting; however, it was determined that additional language changes needed to be negotiated between the City and Burrtec to address, correct and clarify some aspects of the Third Amendment. As a result of final negotiations between the City and Burrtec, the following additional language/changes were agreed to between both parties: 1) Deletion of proposed changes to the Term Extension; 2) Revisions to the “Procurement of Recovered Organic Waste” section to revise the quantity of recovered compost and mulch Burrtec procures on behalf of the City to 30% of the City’s annual recovered organic waste target and to add appropriate language for Burrtec to act as the City’s direct service provider for delivering additional compost and mulch quantities to third parties. Currently, the State requires cities and counties to acquire more recovered organic waste than can be used by the jurisdiction. These additional quantities are being shipped to third party farmers so the City can meet 100% of its annual recovered organic waste target, as required by the SB 1383 Regulations. This language ensures that Burrtec will assist the city in facilitating those third-party deliveries as the City’s direct service provider. 3) The addition of SB1383 requirements for Multi Family and Commercial, including new definitions, review of containers for contamination of materials and the implementation of the edible food recovery program. 4) Expands Burrtec’s responsibilities for Outreach and Education to include both the residential and business communities. 5) Deletes proposed revisions to the “Maximum Permitted Service Rates” section. The current process to adjust rates will remain the same. 6) The “Liquidated Damages” section will be updated to include a new liquidated damages schedule       Packet Page. 1123 2021-2025 Strategic Targets and Goals Adoption of the proposed Third Amendment to the Franchise Agreement aligns with Key Target No. 3c: Improve Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: Improve Quality of Life by improving the City’s appearance, cleanliness, and attractiveness. Fiscal Impact There will be no impact on the General Fund. Revenues to the General Fund shall remain the same. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-111; 1. Approving the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. Attachments Attachment 1 Resolution No. 2024-111 Attachment 2 Table of Solid Waste Rates Attachment 3 Third Amendment to the Exclusive Franchise Agreement Attachment 4 Exhibit 1 – City of San Bernardino Maximum Permitted Rates 2024 Attachment 5 Original Burrtec Franchise Agreement Ward: All Wards Synopsis of Previous Council Actions: January 25, 2016 – Resolution of the Mayor and City Council of San Bernardino approving a ten-year Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. December 7, 2022 - Notice of Intent to Conduct a Public Hearing on December 7, 2022, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, and Organic Waste Collection, Processing and Disposal Services, Street Sweeping, and Right-of-Way Cleanup Service. February 15, 2023 - Public Hearing Regarding Solid Waste Rate Increases and       Packet Page. 1124 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). May 17, 2023 - 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) June 21, 2023 - Continuation, to July 19, 2023, of 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. July 19, 2023 – Continuation to September 6, 2023, of 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. September 6, 2023 - Continuation, to January 17, 2024, of 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. January 17, 2024 - Cancellation of January 17, 2024, 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.       Packet Page. 1125 Resolution No. 2024-111 Resolution 2024-111 July 3, 2024 Page 1 of 3 5 0 2 3 RESOLUTION NO. 2024-111 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., 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, 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 WHEREAS, the SB 1383 Short-Lived Climate Pollutants Act of 2016, Public Resources Code Sections 42652, et seq. and any regulations adopted by CalRecycle to implement it as they may be amended to require residential and commercial waste generators to participate in organic recycling programs; and 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 WHEREAS, The Parties heretofore desire to extend the Term of Agreement from March 31, 2026, to March 31, 2031; and, WHEREAS, the Parties now desire to modify the Agreement to implement changes required by the SB 1383 Regulations and Term of Agreement.       Packet Page. 1126 Resolution No. 2024-111 Resolution 2024-111 July 3, 2024 Page 2 of 3 5 0 2 3 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 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 A and incorporated herein by this reference. SECTION 3. 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 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 4. 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 5. This Resolution shall take effect immediately upon adoption. SECTION 6. 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 3rd day of July, 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 1127 Resolution No. 2024-111 Resolution 2024-111 July 3, 2024 Page 3 of 3 5 0 2 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. 2024-111, adopted at a regular meeting held on the 3rd day of July 2024 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 July 2024. Genoveva Rocha, CMC, City Clerk       Packet Page. 1128 Attachment 2 Table of Refuse Rates 6/27/2024 Jurisdiction Hauler Current Residential (proposed 2024-2025) LINKAGE TO SOURCE OF RATE INFORMATION NOTES San Bernardino Burrtec 26.42$ 26.42$ Loma Linda CR&R 28.08$ TBD https://www.lomalinda-ca.gov/services/utility_services/utility_services_charges This rate is the Bi- monthly 96-gal charge /2. Bi-monthly 64-gal charge is $53 90/2=$26 95Rancho Cucamonga Burrtec 30.57$ 33.44$ https://www.cityofrc.us/sites/default/files/2023-10/City%20of%20RC%20Rate%20Resolution%202023-062.pdf Moreno Valley Waste Mangement 32.19$ TBD https://www.moval.org/resident_services/waste/trash-rates.html Colton CR&R 32.44$ TBD https://coltonca.gov/1088/Refuse-and-Trash Highland Burrtec 33.95$ 33.95$ https://www.cityofhighland.org/197/Trash-Services There was no resource (public notice or otherwise) verifying proposed rates for 2024- 2025Grand Terrace Burrtec 34.05$ 35.58$ https://www.grandterrace-ca.gov/departments/public_works/trash_recycling Rialto Burrtec 34.55$ 34.55$ Unable to verify.Unable to verify Yucaipa Burrtec 34.58$ 42.23$ https://yucaipa.gov/trash-recycling/60-gal barrel rate. Riverside City of Riverside / Athens Disposal 34.72$ 37.32$ https://riversideca.gov/publicworks/trash-recycling/trash/residential-trash-rate Effective July 1, 2024 rate is $37.32. Pomona City of Pomona 35.50$ TBD https://www.pomonaca.gov/government/departments/public-works/solid-waste/solid-waste-rates?locale=es Chino Waste Management 35.55$ 37.32$ https://www.cityofchino.org/440/Trash-Street-Sweeping Effective July 1, 2024 $37.32 Fontana Burrtec 36.15$ 36.15$ https://www.fontanaca.gov/541/Trash-and-Recycling-Services No proposed rate schedule (Public Notice or otherwise) to verify.Upland Burrtec 36.58$ 38.09$ https://www.uplandca.gov/trash Montclair Burrtec 37.64$ 38.71$ https://www.cityofmontclair.org/billing-making-a-payment/ No proposed rate schedule (Public Notice or otherwise) to verify.San Bernardino County Burrtec 38.40$ 40.28$ County has individual agreements for each Community Service District with different rates. Ontario City of Ontario 39.78$ 43.81$ https://www.ontarioca.gov/IntegratedWaste No proposed rate schedule (Public Notice or otherwise) to verify. Redlands City of Redlands 40.77$ TBD https://www.cityofredlands.org/pod/current-water-wastewater-and-solid-waste-rates 1 90-gallon refuse rate. Average Rate All Jurisdictions 34.55$       Packet Page. 1129 Page 1 of 16 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 ________________, 2024 (“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, SB 1383 (Chapter 395, Statutes of 2016) and the regulations adopted by the California Department of Resources Recycling and Recovery (“CalRecycle”) to implement it, 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. 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.       Packet Page. 1130 Page 2 of 16 2. Definitions. The Definitions as stated in Section 1 shall be amended or added to read as follows, and the numbering within Section 1 for each definition shall be deleted: a. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time. b. “Consumer Price Index or CPI” means the twelve (12) month annual average percentage change the All Urban Consumers Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside-San Bernardino-Ontario, CA (Series ID: CUURS49CSA0), as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the most calendar year, compared to the prior calendar year. c. “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement d. “Excluded Waste” means hazardous substances, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills or accepted at the facility by permit conditions, waste that in the City’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability:, but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. e. “Food Recovery Organization” is as defined in 14 CCR Section 18982(a)(25). f. “Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. g. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes liquids, fats, oils, and grease when such materials are Source Separated from other Food Scraps.       Packet Page. 1131 Page 3 of 16 h. “Food Waste” means Source Separated Food Scraps and Food Soiled Paper. Edible Food separated for food recovery shall not be considered Food Waste. i. “Hauler Route(s)” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). j. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited, to, Food Waste , 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). k. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the Recyclable Materials Container; (ii) discarded materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Waste for the Organic Waste Container; (iii) discarded materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Waste to be placed in Organic Waste Container and/or Recyclable Materials Container; and (iv) Excluded Waste placed in any Container. l. “Source Separated” means materials, including commingled Recyclable Materials, and Organic Waste, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing of those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). Source Separated shall include separation of Recyclable Materials, Organic Waste, and Solid Waste by the generator into different Containers for the purpose of collection and processing. m. “Term” means the operative life of this Agreement as stated in Section 4.2. n. ““SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), and the SB 1383 Regulations adopted by CalRecycle to implement it. o. “Tier One Commercial Edible Food Generator” means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982: A. Supermarket. B. Grocery Store with a total facility size equal to or greater than 10,000       Packet Page. 1132 Page 4 of 16 square feet. C. Food service provider. D. Food Distributor. E. Wholesale food vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement. p. “Tier Two Commercial Edible Food Generator” means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982: A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. B. Hotel with an on-site food facility and 200 or more rooms. C. Health facility with an on-site food facility and 100 or more beds. D. Large venue . E. Large Event. F. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. G. A local education agency with an on-site food facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement 3. Self-Hauling. Section 2.9 shall be amended in its entirety to read as follows: 2.9 Self-Hauling. Self-hauling is allowed as specified in the San Bernardino Municipal Code. 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 San Bernardino Municipal Code. This Agreement shall not prohibit gardeners and landscapers from collecting, transporting and composting or disposing of Green Waste, as long as they transport such Green Waste to an Organic 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. “Self-hauling” shall have the same definition as in Section 8.24.010 of the San Bernardino Municipal       Packet Page. 1133 Page 5 of 16 Code. 4. Monthly Franchise Fee Payment. The following sentence 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: 4.2.1 Term of Agreement. The term of this Agreement shall expire on March 31, 2031, subject to early termination or extension. 6. 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 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). 6.9.1.1 Number of Containers to Review. Contractor shall visually inspect the contents of all Solid Waste, Recyclable Materials, and Organic Waste Containers for a sufficient number of residential and commercial accounts to fully comply with the associated SB 1383 requirements per hauler route to search for Prohibited Container Contaminants. At a minimum, the Contractor shall inspect, 3% of all residential Solid Waste, Recyclable Materials, and Organic Waste Containers, and 10% of all commercial businesses, including multi-family units. 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 contract year (July – June) to the City no later than July 1 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       Packet Page. 1134 Page 6 of 16 route reviews, increased container inspections, or implement other changes using the revised procedure. Contractor shall implement and perform route reviews per the approved methodology beginning July 1, 2024. 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. Contractor shall collaborate with the City to obtain records and submit the AB 939/SB 1383 Electronic Annual Report (EAR) on behalf of the City to CalRecycle by August 1st of each year starting in 2024. The submitted EAR shall meet the requirements per 14 CCR Section 18794.0. 6.9.1.6 SB 1383 Monitoring and Inspections. Contractor shall perform customer compliance reviews described in this subsection annually, as of the Effective Date, 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 and/or contact non-compliant entities described in Section 6.9.1.7 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. 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 by mail 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 provided and report such       Packet Page. 1135 Page 7 of 16 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 Tier 1 and Tier 2 Edible Food Generators and Food Recovery Organizations. Contractor shall inspect each Tier 1 and Tier 2 edible food generator and food recovery organization within the City annually to determine their compliance with SB 1383 and take reasonable steps to ensure generators are educated on their compliance requirements with regulations and the City is notified of non-compliant entities. 6.9.1.11. Documentation of Inspection Actions. The Contractor shall generate a written or electronic record and maintain documentation for each inspection, including Tier 1 and Tier 2 edible food generators and food recovery organizations, hauler route review, and compliance review conducted. Contractor shall provide a copy of that documentation to the City as part of its Annual Report. 6.9.1.12 Documentation of SB 1383 Non-Compliant Complaints. Contractor shall maintain a computer database of all oral and written SB 1383-related non-compliant complaints reported to Contractor from customers or other persons. Contractor shall provide a copy of the Recyclist Program information collected to the City as part of its Annual Report. 6.9.1.12.1 Reports of SB 1383-Noncompliant Complaints. For reports received in which customers or other persons allege that an entity is in violation of SB 1383 requirements, Contractor shall document such complaint investigations. Contractor shall provide this information in a brief complaint report to the City for each SB 1383- noncompliant complaints within five (5) working days of receipt of such complaint, and a quarterly summary report of SB 1383-noncompliant complaints. 6.9.1.12.2 Investigation of SB 1383-Noncompliant Complaints. Contractor shall assist City in meeting its obligation to investigate non-compliant complaints by commencing an investigation within thirty (30) days of receiving notice of a complaint in the following circumstances: (i) upon Contractor receipt of a complaint 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 a complaint 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 complaints 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 complaint by: i. Reviewing the service level of the customer (if the entity is a customer of the Contractor);       Packet Page. 1136 Page 8 of 16 ii. Reviewing the waiver list, if applicable, to determine if the entity has a valid, City-approved de minimis or physical space constraint waiver; 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 complaint notice, if warranted; v. Contacting the entity to gather more information, if warranted; and vi. Affixing a City-approved notice of non-compliant complaint 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 complaint, Contractor shall submit to City an investigation complaint report that documents the customer account in question, the nature of the complaint, 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 complaint notices that have not been resolved by Contractor within thirty (30) days of receiving such notice. The Contractor complaint list shall include the customer’s account information, including customer’s then-current service level, the nature of the complaint, and Contractor’s efforts to resolve the complaint. City, or its designee, shall be responsible for investigating such outstanding complaints 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. 7. Procurement of Recovered Organic Waste. Section 6.15 is hereby added to read as follows: 6.15 Procurement of Recovered Organic Waste. Contractor shall purchase or procure Compost and or mulch necessary to meet 30% of the City’s annual target amount as specified in SB 1383 Regulations, 14 CCR Section 18993.1. Contractor agrees to act as a direct service provider on behalf of the City for additional quantities of Recovered Organic Waste Products to help the City meet its annual target amount at the City’s expense. Recovered Organic Waste Products shall comply with 14 CCR 18993.1(f). Contractor shall comply with the recordkeeping and verification requirements of 14 CCR 18993.2.       Packet Page. 1137 Page 9 of 16 8. Conditions of Service. Section 7.1 is hereby amended to read as follows: 7.1 Conditions of Service. Contractor shall provide SFD collection service to all SFD Service Units whose Solid Waste, Recycle Materials, or Organic Waste are properly placed in Carts. Except as set forth in Section 7.8, Contractor shall offer Carts for Solid Waste, Recycle Materials, and Organic Waste in 35-, 64-, and 96-gallon sizes. Contractor shall provide, at its sole expense, a senior discount of ten percent (10%) for 35-gallon Solid Waste Cart service at no cost to the City or other customers. 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 allowed under this Agreement. 9. SFD Food Waste Collection Services. Section 7.7.5 (SFD Food Waste Collection Services) is hereby deleted it its entirety and replaced with the following: 7.7.5 SFD Organic Waste Collection Services. No later than September 1, 2024, Contractor shall provide all SFD accounts with Organic Waste Collection Services, including the collection of food waste. 10. MFD Organic Waste Collection Services. Section 8.2 is hereby amended to read as follows: 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 and SB 1383. 11. Commercial Organic Waste Collection Service. Conditions of Service. Section 9.4.1 is hereby amended to read as follows: 9.4.1 Conditions of Service. In accordance with the schedule established under AB 1826 and SB 1383, 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. 12. Street Sweeping. A new subsection 11.25 is to be added to Section 11 Street Sweeping and read as follows: 11.25 Review of GPS Data. Contractor shall no less than weekly review GPS data from each street sweeping route to determine if all required street sweeping services have been fully provided. Contractor shall include a written confirmation in each Quarterly Report that the Contractor has reviewed the daily GPS data for all Street Sweeping routes and verified that all routes have been fully completed, as scheduled. If that is not the case, Contractor shall provide a list of any and all exceptions.       Packet Page. 1138 Page 10 of 16 13. 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 SB 1383 requirements , to inform and remind residents and businesses 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 July 1 of each contract 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 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. Contractor shall provide access to the Recyclist Program during the term of the agreement and will provide the records for up to two years after the agreement ends upon request. 14. Container Labeling. A new Section 15.17.9 shall be added and read as follow: 15.17.19 Container labeling. All new and replacement Containers shall be SB 1383 compliant as of the Effective Date of this Amendment. 15. 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       Packet Page. 1139 Page 11 of 16 16. Liquidated Damages. Section 30.5.5 shall be deleted in its entirety and replaced with the following: LIQUIDATED DAMAGES Item Amount a. Failure or neglect to address each complaint by the close of the next working day. $100 per incident per Service Recipient b. Failure to address concerns regarding maintaining the collection equipment in a clean, and sanitary manner. $100 per incident per 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 Agreement. $100 per incident per day. e. Failure to maintain or timely submit to City all documents and reports required under the provisions of this Agreement. $100 per incident per day. f. Failure to display Contractor's name and customer service phone number on collection vehicles. $100 per incident per day. g. Failure to collect a missed collection by close of the next work day upon notice to Contractor $100 per incident per day. h. Failure to repair or replace damaged Carts or Bins within the time required by this Agreement. $100 per incident per day. i. Failure to deliver or exchange Carts or Bins within the time required by this Agreement. $100 per incident per day.       Packet Page. 1140 Page 12 of 16 LIQUIDATED DAMAGES Item Amount j. Failure to meet vehicle noise requirements. $100 per incident per day. k. Failure to maintain collection hours as required by this Agreement without prior City approval. $250 per incident per day. l. Failure to offer and provide adequate facility processing capacity of Recyclable Materials and Organic Waste. $250 per incident per day. m. Failure to have field personnel in company/contractor uniform. $250 per incident per day. n. Failure to repair damage to customer property caused. $500 per incident per location. o. Failure to repair damage to City property caused by Contractor or its personnel. $500 per incident. p. Failure to clean up spillage or litter caused by Contractor. $500 per incident per location. q. Failure to properly cover materials in roll-off containers during transport. $500 per incident. r. Changing residential collection days without property notification to the City Representative. $500 per incident per day. s. Commingled Solid Waste with Recyclable Materials or Organic Waste, with the exception of contaminated recyclables. $500 per incident. t. Disposal of Recyclable Materials or Organic Waste in the landfill without first obtaining the required permission $500 per load.       Packet Page. 1141 Page 13 of 16 LIQUIDATED DAMAGES Item Amount of the City. u. Failure to deliver any collected materials to a permitted Disposal Facility, Materials Recovery Facility, or Organic Processing Facility, as appropriate, except as otherwise expressly provided in this Agreement. $5,000 each failure v. Commingling of materials collected inside and outside the City of San Bernardino. $1,000 per incident. w. Failure to meet and maintain minimum annual Diversion Guarantee for two consecutive years. $50 per ton for each ton under the minimum requirement x. Failure to remove graffiti as specified in Section 6.10. $100 per Container per day. y. Failure to sweep a street after notification by City that street had not been swept in accordance with established schedule or sweeping did not meet generally accepted industry standards for sweeping. $500 per block or lot. z. Failure to provide Containers for SB 1383 Collection service to all customers by July 1, 2025 unless customer is waiting for waiver approval or has been granted a waiver. $500 each week. aa. Failure to complete annual outreach and education requirements in accordance with this Agreement and SB 1383 by July 1, 2025, and each July 1st thereafter $500 per Agreement Year.       Packet Page. 1142 Page 14 of 16 LIQUIDATED DAMAGES Item Amount bb. Failure to complete annual SB 1383 monitoring requirements by July 1, 2025, and each July 1st thereafter, in accordance with this Agreement and SB 1383. $500 per year. cc. Failure to complete annual calendar reporting requirements by July 1, 2025, and each July 1st thereafter, in accordance with this Agreement and SB 1383. $500 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. $100 per incident ee. Failure to issue contamination notices in accordance with this Agreement and SB 1383. $50 per incident ff. Failure to conduct compliance tasks (i.e., perform route reviews or waste audits) in accordance with this Agreement and SB 1383. $100 per incident gg. Failure to perform re-inspections in accordance with this Agreement and SB 1383. $50 per incident hh. Submission of a late report required by the SB 1383. $500 per incident. 17. Compliance with Laws. The following sentence shall be added to the end of Section 25.6 “Nothing contained herein shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, and/or any other applicable law, as may be amended from time to time.”       Packet Page. 1143 Page 15 of 16 18. Notices. Section 33.9 shall be amended to read as follows: 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: Rochelle Clayton, Acting City Manager City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: Clayton_Ro@sbcity.org Copy to: Sonia Carvalho, City Attorney City of San Bernardino Best Best & Krieger LLP 18101 Von Karman Ave., Suite 1000 Irvine, CA 92612 Email: Sonia.Carvalho@bbklaw.com And to: Lynn Merrill, Director of Public Works City of San Bernardino 290 North D Street San Bernardino, CA 92401 Email: Merrill_Ly@sbcity.org To Contractor: Cole Burr, President Burrtec Waste Industries, Inc. 9890 Cherry Ave. Fontana, CA 92335 19. Public Records. The heading of Section 33.12 shall be renamed to “33.12 Public Records.” 20. Replacement of Exhibit 1. Exhibit 1 of the Agreement is hereby replaced with the Exhibit 1 attached to this Third Amendment and incorporated by reference herein. 21. 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 which are not inconsistent with the terms of this Agreement. 22. Whenever the words “AB 1826” appear in the Agreement, “and SB 1383 ” shall follow. 23. 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. 24. This Third Amendment shall affect only the items specifically set forth herein, and all other       Packet Page. 1144 Page 16 of 16 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: ___________________________ ___________________________ Rochelle Clayton Cole Burr Acting City Manager President APPROVED AS TO FORM: ___________________________ Best Best & Krieger LLP City Attorney       Packet Page. 1145 Exhibit 1 Maximum Permitted Service Rates       Packet Page. 1146 Page 16 of 16 Exhibit 1 Maximum Permitted Service Rates       Packet Page. 1147 Burrtec Waste Industries, Inc City of San Bernardino EXHIBIT 1 Current Current Rates Rates Residential/MF Barrel 26.42$ Commercial Barrel 26.42$ Residential 35 Gal Barrel n/a (incl Trash & Recycling Barrel) Residential 35 Gal Barrel Sr n/a Mobile Home - 3 Barrel Service $ 17.73 Commercial Compactors Mobile Home Complex - 2 Barrel n/a Size Freq 2 cu. yrd. 1 x Wk $ 152.41 Residential Trash Bins 2 cu. yrd. 2 x Wk $ 285.57 Size Freq 2 cu. yrd. 3 x Wk $ 420.12 1 cu. yrd. 1 x Wk $ 128.28 2 cu. yrd. 4 x Wk $ 553.86 1 cu. yrd. 2 x Wk $ 235.06 2 cu. yrd. 5 x Wk $ 687.86 1 cu. yrd. 3 x Wk $ 348.56 2 cu. yrd. 6 x Wk $ 914.95 1 cu. yrd. 4 x Wk $ 459.37 3 cu. yrd. 1 x Wk $ 179.87 1 cu. yrd. 5 x Wk $ 567.48 3 cu. yrd. 2 x Wk $ 335.00 1 cu. yrd. 6 x Wk $ 757.61 3 cu. yrd. 3 x Wk $ 492.89 2 cu. yrd. 1 x Wk $ 128.87 3 cu. yrd. 4 x Wk $ 643.92 2 cu. yrd. 2 x Wk $ 236.22 3 cu. yrd. 5 x Wk $ 805.93 2 cu. yrd. 3 x Wk $ 350.32 3 cu. yrd. 6 x Wk 1,076.39$ 2 cu. yrd. 4 x Wk $ 461.70 4 cu. yrd. 1 x Wk $ 179.87 2 cu. yrd. 5 x Wk $ 570.42 4 cu. yrd. 2 x Wk $ 335.00 2 cu. yrd. 6 x Wk $ 761.10 4 cu. yrd. 3 x Wk $ 492.89 3 cu. yrd. 1 x Wk $ 137.52 4 cu. yrd. 4 x Wk $ 643.92 3 cu. yrd. 2 x Wk $ 260.45 4 cu. yrd. 5 x Wk $ 805.93 3 cu. yrd. 3 x Wk $ 387.00 4 cu. yrd. 6 x Wk 1,076.39$ 3 cu. yrd. 4 x Wk $ 508.39 3 cu. yrd. 5 x Wk $ 632.44 Commercial/MF/Resi GW Bins 3 cu. yrd. 6 x Wk $ 967.58 Size Freq 4 cu. yrd. 1 x Wk $ 151.54 1 cu. yrd. 1 x Wk $ 123.20 4 cu. yrd. 2 x Wk $ 286.96 1 cu. yrd. 2 x Wk $ 227.60 4 cu. yrd. 3 x Wk $ 422.35 1 cu. yrd. 3 x Wk $ 334.68 4 cu. yrd. 4 x Wk $ 556.44 1 cu. yrd. 4 x Wk $ 441.75 4 cu. yrd. 5 x Wk $ 690.50 1 cu. yrd. 5 x Wk $ 547.45 4 cu. yrd. 6 x Wk 1,194.23$ 2 cu. yrd. 1 x Wk $ 124.09 6 cu. yrd. 1 x Wk $ 219.94 2 cu. yrd. 2 x Wk $ 229.37 6 cu. yrd. 2 x Wk $ 419.68 2 cu. yrd. 3 x Wk $ 337.33 6 cu. yrd. 3 x Wk $ 620.77 2 cu. yrd. 4 x Wk $ 445.28 6 cu. yrd. 4 x Wk $ 827.26 2 cu. yrd. 5 x Wk $ 551.88 6 cu. yrd. 5 x Wk 1,016.26$ 3 cu. yrd. 1 x Wk $ 133.05 6 cu. yrd. 6 x Wk 1,207.95$ 3 cu. yrd. 2 x Wk $ 251.25 3 cu. yrd. 3 x Wk $ 367.95 Commercial/MF Trash Bins 3 cu. yrd. 4 x Wk $ 484.67 Size Freq 3 cu. yrd. 5 x Wk $ 599.99 1 cu. yrd. 1 x Wk $ 145.42 4 cu. yrd. 1 x Wk $ 145.54 1 cu. yrd. 2 x Wk $ 266.44 4 cu. yrd. 2 x Wk $ 270.47 1 cu. yrd. 3 x Wk $ 395.11 4 cu. yrd. 3 x Wk $ 396.78 1 cu. yrd. 4 x Wk $ 520.70 4 cu. yrd. 4 x Wk $ 524.47 1 cu. yrd. 5 x Wk $ 643.27 4 cu. yrd. 5 x Wk $ 649.41 1 cu. yrd. 6 x Wk $ 858.77 6 cu. yrd. 1 x Wk $ 167.50 2 cu. yrd. 1 x Wk $ 146.08 6 cu. yrd. 2 x Wk $ 311.65 2 cu. yrd. 2 x Wk $ 267.76 6 cu. yrd. 3 x Wk $ 458.56 2 cu. yrd. 3 x Wk $ 397.10 6 cu. yrd. 4 x Wk $ 587.64 2 cu. yrd. 4 x Wk $ 523.35 6 cu. yrd. 5 x Wk $ 746.87 2 cu. yrd. 5 x Wk $ 646.58 35Gal Barrel 1 x Wk n/a 2 cu. yrd. 6 x Wk $ 862.73 35Gal Barrel 2 x Wk n/a 3 cu. yrd. 1 x Wk $ 155.88 35Gal Barrel 3 x Wk n/a 3 cu. yrd. 2 x Wk $ 295.24 35Gal Barrel 4 x Wk n/a 3 cu. yrd. 3 x Wk $ 438.67 35Gal Barrel 5 x Wk n/a 3 cu. yrd. 4 x Wk $ 576.27 65Gal Barrel 1 x Wk n/a 3 cu. yrd. 5 x Wk $ 716.89 65Gal Barrel 2 x Wk n/a 3 cu. yrd. 6 x Wk 1,096.78$ 65Gal Barrel 3 x Wk n/a 4 cu. yrd. 1 x Wk $ 171.77 65Gal Barrel 4 x Wk n/a 4 cu. yrd. 2 x Wk $ 325.27 65Gal Barrel 5 x Wk n/a 4 cu. yrd. 3 x Wk $ 478.75 4 cu. yrd. 4 x Wk $ 630.74 Commercial Food Waste 4 cu. yrd. 5 x Wk $ 782.71 Size Freq 4 cu. yrd. 6 x Wk 1,353.70$ 2 cu. yrd. 1 x Wk $ 263.53 6 cu. yrd. 1 x Wk $ 249.30 2 cu. yrd. 2 x Wk $ 475.26 6 cu. yrd. 2 x Wk $ 475.72 2 cu. yrd. 3 x Wk $ 670.32 6 cu. yrd. 3 x Wk $ 703.65 2 cu. yrd. 4 x Wk $ 866.88 6 cu. yrd. 4 x Wk $ 937.71 2 cu. yrd. 5 x Wk 1,095.40$ 6 cu. yrd. 5 x Wk 1,151.95$ 2 cu. yrd. 6 x Wk 1,257.62$ 6 cu. yrd. 6 x Wk 1,369.23$ 35Gal Barrel 1 x Wk n/a 35Gal Barrel 2 x Wk n/a Commercial/MF/Resi Recycling Bins 35Gal Barrel 3 x Wk n/a Size Freq 35Gal Barrel 4 x Wk n/a All Sizes 1 x Wk $ 53.59 35Gal Barrel 5 x Wk n/a All Sizes 2 x Wk $ 107.17 35Gal Barrel 6 x Wk n/a All Sizes 3 x Wk $ 160.76 65Gal Barrel 1 x Wk $ 78.46 All Sizes 4 x Wk $ 215.00 65Gal Barrel 2 x Wk $ 143.25 All Sizes 5 x Wk $ 268.58 65Gal Barrel 3 x Wk $ 203.65 All Sizes 6 x Wk $ 322.17 65Gal Barrel 4 x Wk $ 264.40 65Gal Barrel 5 x Wk $ 333.63 65Gal Barrel 6 x Wk $ 385.35 Exhibit 1       Packet Page. 1148 Burrtec Waste Industries, Inc City of San Bernardino EXHIBIT 1 Current Rates Roll-Off - Service Only - All Refuse Permanent - Plus Disposal 381.73$ - All Refuse Temporary 615.90$ incl Disp - All Recycling (Different Materials) - Plus Disposal 381.73$ - Waste to Energy - Plus Disposal n/a Roll Off Retractable Lid Monthly Rental Fee n/a Receiver n/a Compactor Box n/a Water Reclamation 131.00$ Miscellaneous RO Compactor Repair (per hour) 76.21$ Compactor Cleaning (each/single occurrence) 151.90$ Dry Run / Relocate Roll Offs (Perm & Temp) 85.44$ Roll Off Daily Rental Fee (Perm & Temp) 42.03$ Stand By / Roll-Back Roll Offs (Perm & Temp) 154.58$ per occurrence in excess of 15 min End Dump Service (per Hour) n/a Certificate of Destruction 127.03$ Residential/Commercial - Barrel Exchange (first Exchange free) charge does not apply to graffiti 17.24$ or damaged barrels Commercial - Barrel Replacement comml-lost or stolen 85.16$ Bin Services - Bin Exchange (first Exchange free) charge does not apply to graffiti 86.22$ or damaged bins - Bin Replacement + actual cost of bin comml-lost or stolen 93.98$ Bin Enclosure Cleaning (each/single occurrence) 42.33$ Bin Steam Cleaning (each/single occurrence) 42.33$ Pull Out Service - Backyard Barrel Frail/Handicap (Resi/MH/MF) N/C Extra Trash Barrel (Resi/MF/MH/Commercial) 14.77$ Extra Recycling Barrel (Resi/MF/MH/) N/C Extra Recycling Barrel (Com) 26.98$ Extra Green Waste Barrel (Resi/MF only) 12.93$ Pull Out Service - Bin (1-6 Yard) x1 76.63$ Temporary Bin (3 Yrd) - 7 Day use 78.60$ Temp Bin Dump and Return 78.60$ Clean-Up Service (per 15 min) 41.27$ Recycling Contamination Barrel n/a Recycling Contamination (each bin) 67.20$ Extra Pick-Ups Bins - On Service Day 1 & 2 Yard (Trash/Recyc)28.80$ 3 Yard (Trash/Recyc) 31.32$ 4 Yard (Trash/Recyc) 34.31$ 6 Yard (Trash/Recyc) 40.65$ Extra Pick-Ups All Bins - On Non-Service Day (Trash) 51.25$ Extra Pick-Ups All Bins - On Non-Service Day (Recyc) 39.87$ Extra Pick-Ups Compactors (Trash) 2 Yard 31.32$ 3 & 4 Yard 34.31$ Extra Pick-Up Barrel - Residential/Mobile Home $ 1 0.56 Extra Pick-Ups FW Bins $ 9 9.73 Extra Pick-Ups Barrel - FW $ 2 9.69 Tilhopper (3 yd) $ 3 4.18 Lock $ 2 0.16 Late set-out fee $ 3 2.74 Late Fee 1.5% Shopping cart retrieval $ 2 5.00 Additional Services Exhibit 1       Packet Page. 1149 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 1 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 By and Between THE CITY OF SAN BERNARDINO and BURRTEC WASTE INDUSTRIES, INC.       Packet Page. 1150 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 2 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1151 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 3 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1152 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 4 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 Transfer; 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       Packet Page. 1153 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 5 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 (“City”), 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       Packet Page. 1154 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 6 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 (“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 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       Packet Page. 1155 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 7 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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:       Packet Page. 1156 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 8 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1157 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 9 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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,       Packet Page. 1158 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 10 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 the Service Commencement Date 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       Packet Page. 1159 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 11 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1160 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 12 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1161 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 13 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1162 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 14 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1163 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 15 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1164 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 16 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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(B) 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,       Packet Page. 1165 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 17 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1166 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 18 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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,       Packet Page. 1167 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 19 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 1st – March 31st, April 1st – June 30th, July 1st – September 30th, and October 1st – December 1st. 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       Packet Page. 1168 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 20 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1169 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 21 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 agreement 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, 2016, or March 31, 2031 if this Agreement is extended, shall be made on the required scheduled day (April 1st 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       Packet Page. 1170 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 22 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1171 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 23 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 31st). 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       Packet Page. 1172 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 24 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1173 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 25 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1174 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 26 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1175 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 27 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1176 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 28 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 Facility. 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       Packet Page. 1177 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 29 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1178 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 30 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1179 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 31 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1180 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 32 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1181 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 33 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1182 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 34 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1183 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 35 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 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. 8.4.1 Bins or Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion.       Packet Page. 1184 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 36 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 at no additional cost and Commercial Organic Waste collection service shall be provided upon subscription. 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 storage location for collection and returning the Containers to their storage location and will be charged as outlined in Exhibit 1.       Packet Page. 1185 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 37 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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- collection or material overflow, Contractor shall affix to Cart, Bin, or Roll-off a non-collection notice explaining why collection was not made.       Packet Page. 1186 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 38 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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) 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 - 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. 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. 9.5.1 Roll-offs shall be transported by Contractor to an approved processing facility to achieve maximum diversion.       Packet Page. 1187 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 39 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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: 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       Packet Page. 1188 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 40 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1189 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 41 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1190 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 42 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 scheduled sweeping service day. 11.8.2 Major 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 scheduled sweeping service 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 scheduled sweeping service day. 11.8.4 City Owned Parks Parking 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 scheduled sweeping service 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 collection 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.       Packet Page. 1191 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 43 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1192 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 44 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1193 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 45 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 thirty (30) 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.       Packet Page. 1194 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 46 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1195 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 47 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 roll-off 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       Packet Page. 1196 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 48 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 written 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 1st. 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.       Packet Page. 1197 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 49 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1198 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 50 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1199 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 51 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1200 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 52 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1201 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 53 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1202 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 54 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1203 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 55 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1204 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 56 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1205 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 57 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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:       Packet Page. 1206 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 58 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1207 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 59 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1208 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 60 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 provide a summary of the Complaint Log to City monthly during the first (1st) 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.       Packet Page. 1209 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 61 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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,       Packet Page. 1210 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 62 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1211 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 63 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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. 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. Service recipients utilizing Roll-off collection services may be invoiced upon completion of the service. 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 services provided by Contractor after the Service Commencement Date. Such remittance shall be made within fifteen (15) days of receipt of payment.       Packet Page. 1212 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 64 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 (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 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       Packet Page. 1213 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 65 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 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       Packet Page. 1214 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 66 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 collected, processed or disposed, and the percentage of total diversion achieved as measured in accordance with Section 5.1.2       Packet Page. 1215 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 67 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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. (2) All tonnage data should be compared to the corresponding tonnage data from the prior year comparable       Packet Page. 1216 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 68 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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. l) 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 31st. 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.       Packet Page. 1217 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 69 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1218 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 70 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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, 5th 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.       Packet Page. 1219 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 71 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1220 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 72 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1221 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 73 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1222 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 74 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1223 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 75 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 City. 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       Packet Page. 1224 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 76 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1225 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 77 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1226 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 78 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1227 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 79 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1228 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 80 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1229 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 81 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1230 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 82 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1231 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 83 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1232 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 84 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1233 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 85 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 close of the next working day. $100 per incident per Service Recipient. b. Failure to address concerns regarding maintaining the collection equipment in a clean, and sanitary manner. $100 per incident per 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 Agreement. $100 per incident per day. e. Failure to maintain or timely submit to City all documents and reports required under the provisions of this Agreement. $100 per incident per day. f. Failure to display Contractor’s name and customer service phone number on collection vehicles. $100 per incident per day. g. Failure to collect a missed collection by close of the next work day upon notice to Contractor. $100 per incident per day. h. Failure to repair or replace damaged Carts or Bins within the time required by this Agreement. $100 per incident per day. i. Failure to deliver or exchange Carts or Bins within the time required by this Agreement. $100 per incident per day. j. Failure to meet vehicle noise requirements. $100 per incident per day. k. Failure to maintain collection hours as required by this Agreement without prior City approval. $250 per incident per day.       Packet Page. 1234 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 86 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 LIQUIDATED DAMAGES Item Amount l. Failure to offer and provide adequate facility processing capacity of Recyclable Materials and Organic Waste. $250 per incident per day. m. Failure to have field personnel in company/contractor uniform. $250 per incident per day. n. Failure to repair damage to customer property caused by Contractor or its personnel. $500 per incident per location. o. Failure to repair damage to City property caused by Contractor or its personnel. $500 per incident. p. Failure to clean up spillage or litter caused by Contractor. $500 per incident per location. q. Failure to properly cover materials in roll-off containers during transport. $500 per incident. r. Changing residential collection days without proper notification to the City Representative. $500 per incident per day. r. Commingling Solid Waste with Recyclable Materials, with the exception of contaminated recyclables $500 per incident. s. Disposal of Recyclable Materials or Organic Waste in the landfill without first obtaining the required permission of the City. $500 per load. t. Failure to deliver any collected materials to a non- permitted Disposal Facility, Materials Recovery Facility, or Organic Waste Processing Facility, as appropriate, except as otherwise expressly provided in this Agreement. $5,000 each failure. u. Commingling of materials collected inside and outside the City of San Bernardino. $1,000 per incident. v. Failure to meet and maintain minimum annual Diversion Guarantee for two consecutive years. $50 per ton for each 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 street had not been swept in accordance with established schedule or sweeping did not meet generally accepted industry standards for sweeping. $500 per block or lot.       Packet Page. 1235 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 87 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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;       Packet Page. 1236 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 88 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 Billing 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.       Packet Page. 1237 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 89 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1238 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 90 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1239 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 91 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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:       Packet Page. 1240 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 92 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 And by email to: cole@burrtec.com] 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,       Packet Page. 1241 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 93 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Contractor and City have not entered into a succeeding agreement, Contractor shall 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 California Charter City and Municipal Corporation ___________________________________ Jarrod Burguan Interim City Manager ATTEST: ___________________________________ Georgeann "Gigi" Hanna City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By:___________________________________ CONTRACTOR BURRTEC WASTE INDUSTRIES, INC. By: ________________________________ Cole Burr President       Packet Page. 1242 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 94 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1243 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 95 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 1 Maximum Permitted Service Rates April 1, 2016 – June 30, 2017 SFD/MFD/Commercial Cart Services Service Level/Frequency Monthly Rate Single or Multi-Family Dwelling 1 – 64 or 96 gallon Solid Waste Cart 1 –96 gallon Organic Waste Cart 1 –96 gallon Recyclable Materials Cart $22.84 Mobile Home 1 – 64 or 96 gallon Solid Waste Cart 1 – 96 gallon Organic Waste Cart 1 –96 gallon Recyclable Materials Cart $15.24 Commercial Unit 1 – 64 or 96 gallon Solid Waste Cart 1 – 96 gallon Organic Waste Cart 1 – 96 gallon Recyclable Materials Cart $22.84 Each Additional Solid Waste Cart 64-96 gallon carts $12.96 Each Additional Extra Organic Waste Cart 96 gallon cart $11.35 Additional Recyclable Materials Cart 96 gallon cart $0.00 Solid Waste Bin Services Collection Frequency/Monthly Rate 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       Packet Page. 1244 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 96 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 1 Maximum Permitted Service Rates April 1, 2016 – June 30, 2017 Compactor Services Collection Frequency/Monthly Rate Compactor Size 1/week 2/week 3/week 4/week 5/week 6/week Extra 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 Services Collection Frequency/Monthly Rate 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 Services Collection Frequency/Monthly Rate Bin Size 1/week 2/week 3/week 4/week 5/week Extra 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       Packet Page. 1245 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 97 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 1 Maximum Permitted Service Rates April 1, 2016 – June 30, 2017 Recycling Compactor $142.00 Rate Per Pull Water Reclamation Site $115.00 Rate Per Pull Temporary Roll-off $335.11 Rate Per Pull – plus 4 tons of applicable disposal Temporary Green Waste Roll-off $335.11 Rate Per Pull – plus 6 tons of applicable disposal Temporary C&D Roll-off $335.11 Rate Per Pull – plus 6 tons of applicable disposal Temporary Inert Roll-off $335.11 Rate Per Pull – plus 6 tons of applicable disposal Standby-Roll Back $135.70 Per Occurrence (in excess of 15 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       Packet Page. 1246 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 98 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 1 Maximum Permitted Service Rates April 1, 2016 – June 30, 2017 7-day Bin Extension $69.00 Each Occurrence Misc. Services Rate/How Charged Item/Service Rate How Charged Clean-Up Service $36.23 Per each 15 minutes Temporary Bin $69.00 1/month for 3 Cubic Yard Late Set Out (Barrel) $28.75 Per trip On-Call Refuse Pickup $45.00 Each Occurrence 2 - 4 Cubic Yard On-Call Recycling Pickup $35.00 Each Occurrence 2 – 3 Cubic Yard 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 2, 3, or 4 CY Bin On-call $69.00 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       Packet Page. 1247 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 99 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 2 City Facilities Location Address Fire Department Fire Station #221 200 E. 3rd St Fire Station #222 1201 W 9th 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 40th 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 Pl 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 2nd & Mt View Ave Perris Hill Park 1100 E Highland Ave Rio Vista Park 1399 N California St San RI Fields/Nicolson Park 2nd & Meridian Seccombe Park 5th & Belle Hernandez Community Center 222 N Lugo Ave Antil Garden Project 868 E 6th St       Packet Page. 1248 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 100 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 5th St Warner-Hodgedon Field 200 E 7th St Al Guhin Park 3650 Little League Dr Little League Doty Field 40th & Waterman Ave Melton Field 300 E 40th St Del Road Little League Park Marshall/Mountain Ave Carl Karper Field #39 3900 Severence Ave Guiterrez Field 1291 W 14th St Palm Field 790 E 6th St Porterfield Little League 226 E 7th St Blair Park 1466 W Marshall Blvd Highland Fields North 1535 Arden Ave Highland Fields South Pacific & Arden Nicholson Community Center 2750 W 2nd St Guadalupe Field 8th & Western Ann Shirrells Park 1367 N California St Ballard Field 1700 W 5th St Mill Community Center 503 E Central Ave Nunez Park 1717 W 5th St Delman Heights Center 2969 N Flores St Speicher Park 1535 Arden Ave Wildwood Elks Field 500 E 40th 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       Packet Page. 1249 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 101 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 6th 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 7th & 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 7th St Urban Conservation Corp 378 E Orange Show Rd 1291 W 14th St       Packet Page. 1250 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 102 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1251 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 103 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1252 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 104 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1253 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 105 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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)). • Dump Days (11 days per Agreement Year). • Café Tuesdays. • Downtown Farm Share Market. • Rendezvous Route 66. • Dump Days (11 days per Agreement Year). • Other City Sponsored Events as requested by the City.       Packet Page. 1254 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 106 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1255 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 107 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1256 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 108 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1257 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 109 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1258 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 110 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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.       Packet Page. 1259 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 111 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1260 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 112 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 on a quarterly basis. 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 on a quarterly basis. Commercial newsletters will be distributed to coincide with special program notices such as AB 341 and AB 1826 on a semi-annual basis.       Packet Page. 1261 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 113 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 Café 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 on a quarterly basis. The newsletters will remind residents what is accepted       Packet Page. 1262 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 114 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 7 Diversion Plan 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.) (4) Construction & Demolition Waste.       Packet Page. 1263 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 115 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 7 Diversion Plan 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 Year Refuse Disposal Target Green Waste Diversion Target Recyclables Diversion Target Total Solid Waste Generated Diversion Rate 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%       Packet Page. 1264 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 116 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1265 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 117 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 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.       Packet Page. 1266 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 118 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1267 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 119 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 BROOMSWEEPER CNG 45,866 2007 7478 BROOMSWEEPER 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       Packet Page. 1268 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 120 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 9 List of City’s Equipment/Personal Property Vehicle # Description Odometer Year 530 - 2010 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" 2,201 2007 Refuse Collection/Equipment Vehicle # Description Odometer Year 01107-02 SIDELOADER AUTOMATED 104,095 01114-02 SIDELOADER AUTOMATED 82,853 129 PRESSURE WASHER 659 0155-87 REAR LOADER 252,804 161 FORKLIFT 1,151 224 SMALL REF. TRUCK 81,146 225 SMALL REF. TRUCK 86,339 7140 SIDELOADER AUTO 48,305 7141 SIDELOADER AUTO 70,288 7142 SIDELOADER AUTO 78,896 7143 SIDELOADER AUTO 53,129 7144 SIDELOADER AUTO 66,680 7145 SIDELOADER AUTO 65,182 7146 SIDELOADER AUTO 79,921 7147 SIDELOADER AUTO 75,363 7148 SIDELOADER AUTO 80,951 7149 SIDELOADER AUTO 66,483 7150 SIDELOADER AUTO 64,845 7151 SIDELOADER-AUTO 67,814 7152 SIDELOADER-AUTO 62,359 8100 SIDELOADER AUTO 73,432 8101 SIDELOADER AUTO 46,442 8102 SIDELOADER AUTO 62,928 8103 SIDELOADER AUTO 67,243 8104 SIDELOADER AUTO 64,691 8105 SIDELOADER AUTO 67,033       Packet Page. 1269 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 121 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 9 List of City’s Equipment/Personal Property Vehicle # Description Odometer Year 8106 SIDELOADER AUTO 77,856 8107 SIDELOADER AUTO 76,008 8108 SIDELOADER AUTO 79,437 8109 SIDELOADER AUTO 73,679 8223 REAR LOADER LNG 60,337 9110 LNG SIDE LOADER 58,133 9111 LNG SIDE LOADER 68,039 9112 LNG SIDE LOADER 57,233 9113 LNG SIDELOADER 61,554 9114 LNG SIDELOADER 61,213 9115 LNG SIDE LOADER 59,537 9116 LNG SIDE LOADER 59,912 9222 REAR LOADER 71,018 10112 LNG SIDELOADER 41,169 10113 LNG SIDE LOADER 40,425 10114 LNG SIDE LOADER 7,600 10115 LNG SIDE LOADER 45,184 10117 LNG AUTO RES 49,480 10119 LNG AUTO RES 44,606 10120 LNG SIDELOADER 42,522 12104 LNG SIDELOADER 40,217 12116 LNG SIDELOADER 43,831 12151 STAKEBED 23,174 12152 STAKEBED 22,387 200 1/2 T PICKUP CNG 51,081 201 1/2 T PICKUP CNG 100,273 209 1/2 T PICKUP CNG 65,440 220 3/4 T PICKUP 108,320 226 COMPACT SEDAN 45,348 1101 FUEL ONLY 59,155 1136 FUEL ONLY - 1507-02 4DR MED SEDAN 50,887 RES OIL MISC. OIL CHRGS,ETC. 5,535 145 BIN BUGGY 103,640 206 STEAM CLEANER - 208 STEAM CLEANER - 221 TRAILER UTIL 15' - 1200 ROLL OFF 231,028 1201 ROLL OFF 235,374 1203 ROLL OFF 255,563 1204 ROLL OFF 244,637 154 BIN BUGGY 153,074 2170 FR. END LOADER 150,787 2171 FR. END LOADER 161,902 2172 FR. END LOADER 150,217       Packet Page. 1270 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 122 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 Exhibit 9 List of City’s Equipment/Personal Property Vehicle # Description Odometer Year 2173 FR. END LOADER 33,373 2174 FR. END LOADER 45,485 2175 FR. END LOADER 4,473 7176 FRONTLOADER AUTO 55,820 7182 FRONTLOADER AUTO 67,888 7188 FRONTLOADER AUTO 79,563 7198 ROLL OFF LNG 120,653 7202 ROLL OFF LNG 131,908 7203 ROLL OFF LNG 238,304 7204 ROLL OFF LNG 149,960 8177 FRONTLOADER AUTO 181,143 8178 FRONTLOADER AUTO 1,827 8179 FRONTLOADER LNG 30 8199 ROLL OFF LNG 130,000 8200 ROLL OFF LNG 113,971 9180 FRONT LOADER LNG 63,441 9181 FRONT LOADER LNG 66,387 9183 FRONT LOADER LNG 61,887 9205 ROLLOFF LNG 117,568 10191 LNG FRONT LOADER 54,956 10193 LNG FRONT LOADER 59,353 10196 LNG ROLL OFF 80,292 12153 BIN CARRIER HREM 25,252 12174 LNG FRONT LOADER 44,426 12194 LNG FRONT LOADER 43,880 12202 LNG ROLL OFF 52,523 205 1/2 T PICKUP CNG 100,427 207 4DR STD. SEDAN 113,796 414 COMPACT SEDAN 54,786 1505 COMPACT SEDAN 51,599 202 WELDER WIRE FEED - 1130 BIN REPAIR 87,807 234 VAN CARGO 1/2 TON 23,473 1941 CLASSIC PICKUP 1,194 COM OIL MISC. OIL CHRGS,ETC. 1       Packet Page. 1271 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 123 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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 401k 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 Ø 1 1 0.77 x 52 = 40.04 Ø 2 2 1.54 x 52 = 80.08 Ø 8-15 3 2.31 x 52 = 120.12 Ø 16 3 + 1 day 2.46 x 52 = 128.0 Ø 17 3 + 2 days 2.62 x 52 = 136.0 Ø 18 3 + 3 days 2.77 x 52 = 144.0 Ø 19 3 + 4 days 2.92 x 52 = 152.0 Ø 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.       Packet Page. 1272 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 124 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1273 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 125 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 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       Packet Page. 1274 City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. Page 126 of 126 Franchise Agreement Term April 1, 2016 – March 31, 2026 This page intentionally left blank.       Packet Page. 1275