Mayor and City Council
December 3, 2025

Granicus Proposal for San Bernardino, CA

ORDER DETAILS
Prepared By: Dilana Vargas
Phone:

Email: [email protected]
Order #: Q-488611
Prepared On: 17 Oct 2025
Expires On: 16 Nov 2025
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: 17 Nov 2025 - 16 Nov 2026

ORDER TERMS
Current Subscription
End Date:

Initial Order Term End
Date:
16 Nov 2025
16 Nov 2028
Packet Page. 654
Order Form
San Bernardino, CA
Order #: Q-488611
Prepared: 17 Oct 2025

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Legacy SKU for Agenda Automation Annual 1 Each $18,584.72 Legacy SKU for Community Engagement Annual 1 Each $6,147.75 Legacy SKU for Committee Management Annual 1 Each $13,009.30 Legacy SKU for Laserfiche Integration Annual 1 Each $1,929.21 Legacy SKU for Meeting Management Annual 1 Each $13,939.18 Legacy SKU for Member Voting Annual 1 Each $6,147.75
Legacy SKU for Video Streaming Annual 1 Each $9,292.36
SUBTOTAL: $69,050.27
Packet Page. 655
Order Form
San Bernardino, CA
Order #: Q-488611
Prepared: 17 Oct 2025

FUTURE YEAR PRICING
Period of Performance
Solution(s)
17 Nov 2026 - 16 Nov 2027 17 Nov 2027 - 16 Nov 2028
Legacy SKU for Agenda Automation $20,443.19 $22,487.51
Legacy SKU for Community Engagement $6,762.53 $7,438.78 Legacy SKU for Committee Management $14,310.23 $15,741.25 Legacy SKU for Laserfiche Integration $2,122.13 $2,334.34 Legacy SKU for Meeting Management $15,333.10 $16,866.41 Legacy SKU for Member Voting $6,762.53 $7,438.78
Legacy SKU for Video Streaming $10,221.60 $11,243.76
SUBTOTAL: $75,955.31 $83,550.83
Packet Page. 656
Order Form
San Bernardino, CA
Order #: Q-488611
Prepared: 17 Oct 2025

PRODUCT UPDATES

FOR INFORMATION ON RECENT AND UPCOMING PRODUCT ENHANCEMENTS ACROSS THE GRANICUS PORTFOLIO, PLEASE REFER TO THE SEMIANNUAL UPDATE INFORMATION ON THIS WEBPAGE:
: HTTPS://GRANICUS.COM/SEMIANNUAL-UPDATES/

PRODUCT DESCRIPTIONS
Solution Description
Legacy SKU for Agenda
Automation
Legacy SKU for Agenda Automation
Legacy SKU for Community
Engagement
Legacy SKU for Community Engagement
Legacy SKU for Committee
Management
Legacy SKU for Committee Management
Legacy SKU for Laserfiche
Integration
Legacy SKU for Laserfiche Integration
Legacy SKU for Meeting
Management
Legacy SKU for Meeting Management
Legacy SKU for Member Voting Legacy SKU for Member Voting Legacy SKU for Video
Streaming
Legacy SKU for Video Streaming
Packet Page. 657
Order Form
San Bernardino, CA
Order #: Q-488611
Prepared: 17 Oct 2025

TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-488611 dated 17 Oct 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice.

It is the responsibility of San Bernardino, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.

Packet Page. 658
Order Form
San Bernardino, CA
Order #: Q-488611
Prepared: 17 Oct 2025

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-488611 dated 17 Oct 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

San Bernardino, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
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- 1 -

PROFESSIONAL SOFTWARE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND GRANICUS, LLC

1. PARTIES AND DATE.

This Agreement is made and entered into this 3 day of December 2025 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Granicus, LLC, a Delaware limited liability company with its principal place of business at 1155 Perimeter Center West, Suite 1000, Atlanta, GA 30338 (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a public agency of the State of California and is in need of professional software services for the following project:

Government Meeting Agenda Automation, Management and Video Streaming Services (hereinafter referred to as “the Project”)

2.2 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to, software programming and on-going maintenance services as required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing Government Meeting Agenda Automation, Management and Video Streaming Services projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City.

2.3 Grant of License. Vendor hereby represents and warrants to City that Vendor is the owner of the Application Software, as defined herein, or otherwise has the right to grant to City the rights to use of the Application Software, as set forth in this Agreement and the attached License Agreement.

2.4 Project. City desires to engage Vendor to render such services for the Government Meeting Agenda Automation, Management and Video Streaming Services project (“Project”) as set forth in this Agreement.

2.5 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the System, defined below, in reliance on the recommendations and specifications to be provided by Vendor.

3. DEFINITIONS
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2 3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor.

3.2 Application Software. The term Application Software as used in this Agreement shall refer to the collection of software programs (i.e. executable code) provided to the City by Vendor that will perform the set of functions described in the Exhibit “B”.

3.3 Custom Software. The term Custom Software is computer programs developed under this Agreement that extends the functionality of the Application Software to include features specified or required as part of this Project and under this Agreement not originally part of the Vendor’s baseline or prior version of the Application Software.

3.4 Defect. The term Defect as used in this Agreement shall refer to any error or malfunction in the operation of the System under this Agreement that prevents the City or its agents or employees from using the Application Software to perform the features and functions proposed in Exhibit “B”.

3.5 Delivery. The term Delivery related to software shall mean the transfer and receipt (electronically) of the Application Software to the designated, City approved computing environment. Delivery of professional Services, as used in this Agreement, shall mean that the City’s designated agent under this Agreement has signed off on a given task or work order.

3.6 Final Acceptance. The term Final Acceptance as used in this Agreement shall be used to refer to the thirty (30) day period following the complete Acceptance and operation in productive use of all the components and elements of the System that is free of Defects. If Defects are reported by the City, the Vendor will correct the Defect(s) and notify the City after which a new Final Acceptance period will begin.

3.7 Installation. The term Installation as used in this Agreement shall refer to the loading of executable code necessary for the operation of the Application Software on one of the computing environments designated herein with the Platform Software.

3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”.

3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services as used in this Agreement shall mean those Services required for on-going Application Software maintenance and support.

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3 3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement.

3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System.

3.12 Project Deliverables. The term Products as used in this Agreement shall refer to, collectively, the Application Software, Custom Software, Platform Software, Updates, Source Code and any other products, including intellectual property, provided by Vendor under this Agreement, as more specifically set forth in Exhibit “B”.

3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance.

3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services.

3.15 Source Code. The term Source Code as used in this Agreement shall refer to all programming language code, objects, stored procedures, utilities, and compilers necessary to generate executable code for all of the Application Software and Custom Software provided under this Agreement, including all user, technical and system documentation necessary for a reasonable person to understand how to operate all elements of the System.

3.16 System. The term System shall be used in this Agreement to refer to the collection of software, firmware, operating system, database system, hardware and peripherals necessary to operate the Application Software to perform the functions specified in Exhibit “B”.

3.17 Update. The term Update shall be used in this Agreement to refer to any bug fix, patch, enhancement, error correction, revision, performance improvement, new version, added features to or replacement of the Application Software, or any component or element thereof, designed to perform the same functions as the Application Software on any Platform Software or computing environment.

4. TERMS.

4.1 Incorporation of Documents and Recitals; Order of Precedence. The attached exhibits and the recitals set forth above are incorporated into this Agreement by reference as though fully set forth herein.

4.2 Scope of Services and Term.

4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, Packet Page. 662
4 materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply Government Meeting Agenda Automation, Management and Video Streaming Services necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described.

The Project shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

4.2.2 On-Going Maintenance and Support Services. Vendor further promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the On-going Maintenance Services as required hereunder. The On-going Maintenance and Support Services are more particularly described in Exhibit “G” (On-going Maintenance Services Statement of Work) attached hereto and incorporated herein by reference including, if applicable, definitions required for interpreting the services described. The On-going Maintenance and Support Services shall be subject to, and performed in accordance with, the applicable provisions of this Agreement and the attached exhibits, and all applicable local, state and federal laws, rules and regulations.

4.2.3 Term.

4.2.3.1 License Agreement. The duration of the License
Agreement, including the Vendor's provision of Ongoing Maintenance and Support Services, shall last for three (3) years until November 16, 2028, unless terminated earlier as specified in this Agreement.

4.2.3.2 On-going Maintenance and Support Services. The
term of this Agreement related to providing on-going maintenance and support services shall commence upon Final Acceptance and remain in effect for up to [***INSERT NUMBER***] (#) consecutive one-year periods, with renewal at the City’s sole discretion each year. 4.2.3.3 Project Services. The term of this Agreement for project services shall begin on the Effective Date and end on the date of Final Acceptance. However, the indemnification and warranty provisions of this Agreement shall continue to fully apply to such services.

4.3 Responsibilities of Vendor.

4.3.1 Control and Payment of Subordinates; Independent Contractor.

The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control.

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5 Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

4.3.2 Schedule of Services. Vendor shall perform the Project Services expeditiously, within the term of this Agreement, and in accordance with the Project Plan, attached hereto as Exhibit “D” and incorporated herein by this reference. Vendor shall perform the On-Going Maintenance and Support Services in accordance with the schedule therefor included in Exhibit “G”. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Vendor’s conformance with the foregoing schedules, City shall respond to Vendor’s submittals in a timely manner.

4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City.

4.3.4 Warranty. Vendor warrants that the Application Software shall perform as proposed and represented in Exhibit “B”. In addition, Vendor represents and warrants that, at Final Acceptance, the Application Software shall perform all of the functions specified in Exhibit “B”.

4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: Bernadette Foley.

4.3.6 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Vendors and other staff at all reasonable times.

4.3.7 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature Packet Page. 664
6 that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project.

4.3.8 Regulatory Compliance. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project and the On-Going Maintenance and Support Services, including all federal and state requirements, and shall give all notices required by law. Any and all Application Software provided under this Agreement shall be compliance with all relevant federal and state laws and regulations including, but not limited to IRS, Social Security, Federal Trade Commission, Homeland Security, California Public Employees Retirement System (CalPERS), and California Franchise Tax Board.

Vendor shall be liable for all violations of such laws and regulations in connection with delivery of Products and Services under this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom.

Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

4.3.9 Additional Provisions Related to On-going Maintenance and Support Services.

4.3.9.1 Defect Remediation. Vendor shall correct any reported Defects in a timely manner. Defects that result in the City’s inability to conduct its normal business operations may incur financial penalties as further described below.

4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations.

4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after Packet Page. 665
7 completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

4.4 Party Representatives.

4.4.1 City’s Representative. The City hereby designates Telicia Lopez, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

4.4.2 Vendor’s Representative. Vendor hereby designates Bernadette Foley, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

4.5 Insurance.

4.5.1.1 Time for Compliance. Vendor shall not commence the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

4.5.1.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subvendors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

4.5.1.3 Commercial General Liability
(A) The Vendor 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.

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8 (B) 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. (C) Commercial General Liability Insurance must
include coverage for the following:
(a) Bodily Injury and Property Damage
(b) Personal Injury/Advertising Injury
(c) Premises/Operations Liability
(d) Products/Completed Operations Liability
(e) Aggregate Limits that Apply per Project
(f) Explosion, Collapse and Underground
(UCX) exclusion deleted
(g) Contractual Liability with respect to this
Contract\
(h) Broad Form Property Damage
(i) Independent Vendors Coverage
(D) 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. (E) 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.
(F) 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.

4.5.1.4 Automobile Liability.
(A) At all times during the performance of the work
under this Agreement, the Vendor 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.

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9 (B) 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).
(C) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
(D) 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.

4.5.1.5 Workers’ Compensation/Employer’s Liability.
(A) Vendor 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.
(B) To the extent Vendor has employees at any time
during the term of this Agreement, at all times during the performance of the work under this Agreement, the Vendor 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. Vendor shall require all subvendors 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.

4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor 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 Vendor. “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.

4.5.1.7 Privacy/Network Security (Cyber). At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for:
(1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

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10 4.5.1.8 Minimum Policy Limits Required.
(A) 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 limit
(B) Defense costs shall be payable in addition to the
limits.
(C) 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.

4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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.

4.5.1.10 Policy Provisions Required.
(A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor 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 Vendor shall deliver renewal Packet Page. 669
11 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. (B) The Commercial General Liability Policy and
Automobile Policy shall each contain a provision stating that Vendor’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. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor 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. (D) 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 Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) 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 Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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.

4.5.1.11 Qualifying Insurers.
(A) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

4.5.1.12 Additional Insurance Provisions.
(A) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Vendor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the Packet Page. 670
12 liabilities and obligations otherwise assumed by the Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (B) 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 Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. (C) The City may require the Vendor to provide
complete copies of all insurance policies in effect for the duration of the Project. (D) 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.

4.5.1.13 Subvendor Insurance Requirements. Vendor shall not allow any subcontractors or subvendors 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 subvendors 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 Vendor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subvendors.

4.5.2 Safety. Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

4.6 Responsibilities of City.

4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement:
(a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements.

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13 (b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing.
(c) Conversion format and procedures that the Vendor shall complete at its expense.
(d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of
hardware maintenance and/or On-going Maintenance and
Support Services, which shall be the responsibility of Vendor.

4.7 Fees and Payments.

4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed Two Hundred Twenty-Eight Thousand Five Hundred Fifty-Six Dollars and Forty-One Cents ($228,556.41) without written approval of City’s Representative.

4.7.2 Compensation for On-going Maintenance and Support Services.

Vendor shall receive compensation, including authorized reimbursements, for all Ongoing Maintenance and Support Services rendered under this Agreement at the rates set forth in Exhibit “C”. Notwithstanding any other provision of this Agreement, the Parties agree that payment for the first year of On-going Maintenance and Support Services shall be covered under the warranty for the System, included as part of the payment specified in Section 4.7.1 above, and no additional payment by the City shall be made for such services.

4.7.3 Process for Payment of Compensation; Itemized Statements.

Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon.

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14 4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all of the Application Software elements and Services included in the Project Deliverables, the City, at its sole option, may determine the value of the missing elements and withhold that amount from any payment due to Vendor. Alternatively, or in addition, as required to cover the value of the missing elements, Vendor shall submit to the City a cashier’s check for said amount and present it to the City, to be held as a “Project Bond” until the missing elements have been satisfactorily delivered and Accepted. Upon Acceptance of the missing elements, the City shall return the cashier’s check along with any withheld payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing elements, the City may cash the cashier’s check and use the withheld monies to complete the outstanding deliverables with its own forces, or through any other available vendor or consultant.

4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City.

4.7.6 Modification of Scope. The City may, at any time, request a modification to the Project, or the Statement of Work for the Project Services or the Ongoing Maintenance and Support Services by submitting written notice to Vendor specifying the desired modifications. Vendor shall provide a written quote for the increased, changed or decreased Services within five (5) working days of receipt of City’s written request. Vendor shall suspend any Services following receipt of the City’s written request until final written agreement is reached on the requested modification. The Parties shall then negotiate in good faith any increased or decreased charges related to the requested modification. No request for modification shall be effective until a final agreement between the Parties has been reached, and either a written amendment to this Agreement, or a change order is executed by both Parties. No oral request for modification of Services shall be binding on either Party.

4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software.

4.8 Accounting Records.

4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

4.9 General Provisions.

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15 4.9.1 Termination of Agreement.

4.9.1.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation.

Vendor may not terminate this Agreement except for cause.

4.9.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished Documents & Data, as defined herein, and other information of any kind prepared by Vendor in connection with the performance of Services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request.

4.9.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

4.9.2 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: Telicia Lopez, City Clerk
Vendor
Granicus, LLC
1155 Perimeter Center West,
Suite 1000
Atlanta, GA 30338
Attn: Bernadette Foley
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.

4.9.3 Ownership of Materials and Confidentiality.

4.9.3.1 Documents & Data; Licensing of Intellectual Property.

Excluding materials and data already owned by the Vendor prior to this Agreement, this Agreement creates a non-exclusive, irrevocable, and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, software programming, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or Packet Page. 674
16 otherwise recorded on digital media, including, without limitation, any Computer Aided Design and Drafting (“CADD”) data, which are prepared or caused to be prepared by Vendor under this Agreement (“Documents & Data”). Vendor shall require all subcontractors to agree in writing that City is granted a non-exclusive, irrevocable, and perpetual license for any Documents & Data, and Custom Software solutions the subcontractor prepares under this Agreement. Vendor represents and warrants that Vendor has the legal right to license any and all Documents & Data. Vendor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Vendor or provided to Vendor by the City. City shall not be limited in any way in its use of the Documents & Data or Custom Software at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Any CADD data delivered to City shall not include the professional stamp or signature of an engineer, architect, or any other licensed professional, but shall be followed with a hard copy with such stamp or signature.

4.9.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Vendor in connection with the performance of this Agreement shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, be used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is generally known, or has become known, to the related industry shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

4.9.3.3 Intellectual Property Indemnification. Vendor shall defend, indemnify, and hold harmless City, officials, officers, employees, volunteers and agents against any and all claims against City based upon allegations that Vendor has wrongfully utilized Intellectual Property of others in performing work pursuant to this Agreement or that City has wrongfully used Intellectual Property developed by Vendor pursuant to this Agreement.

4.9.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

4.9.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

4.9.6 Indemnification. To the extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and Packet Page. 675
17 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 negligent acts or omissions or willful misconduct of Vendor, its officials, officers, employees, agents, Vendors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Vendor shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Vendor shall reimburse City and its directors, 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. Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers

4.9.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. If there are any conflicts in language in referenced or related agreements, the language in this Agreement shall prevail. Exhibits to this Agreement will include (if not provided for in the main Agreement) the following:

Exhibit A – Statement of Work
Exhibit B – Project Deliverables
Exhibit C – Compensation
Exhibit D – Project Plan
Exhibit E – Escrow Agreement
Exhibit F – Software License Agreement(s)
Exhibit G – Scope of Ongoing Maintenance

4.9.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

4.9.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project.

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18 4.9.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

4.9.12 Assignment or Transfer. Vendor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

4.9.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

4.9.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

4.9.15 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.

4.9.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

4.9.17 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.

4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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19 4.9.19 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

4.9.20 Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

4.9.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

4.10 Subcontracting.

4.10.1 Prior Approval Required. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

4.11 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.

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20 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND GRANICUS, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

LICENSOR

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

LICENSEE

GRANICUS, LLC
Signature
Bernadette Foley
Name
Senior Manager, Renewals
Title
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21 EXHIBIT A
EXHIBIT “A”

STATEMENT OF WORK
Scope of Services:

Vendor shall provide the City continued access to the hosted Granicus cloud platform for Government Meeting Agenda Automation, Management, Video Streaming, and Related Software Services (Granicus Software Subscription Renewal Q-488611).

The services include the following software modules:
• Agenda Automation
• Meeting Management
• Committee Management
• Community Engagement
• Member Voting
• Video Streaming
• Laserfiche Integration
Service Responsibilities:

1. Host, maintain, and support the software in Granicus’ secure, cloud-based environment.

2. Provide standard product updates, patches, and feature enhancements per Granicus’ maintenance schedule.

3. Provide user support through online ticketing, email, and phone during normal business hours.

4. Maintain integration with the City’s Laserfiche system and other previously configured interfaces.

5. Ensure uptime and performance consistent with Granicus’ published Service Level Agreement (SLA).

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22 EXHIBIT B
EXHIBIT “B”

PROJECT DELIVERABLES
No additional project deliverables are required under this renewal agreement. All services are limited to the ongoing hosting, maintenance, and support described in Exhibit A.

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23 EXHIBIT C
EXHIBIT “C”

COMPENSATION
Terms and Fees:

City shall compensate Vendor for subscription services in accordance with the pricing schedule below and the attached Granicus Quote Q-488611, dated October 17, 2025.

Contract Year Period of Performance Annual Subscription Fee Year 1 November 17, 2025 – November 16, 2026 $ 69,050.27 Year 2 November 17, 2026 – November 16, 2027 $ 75,955.31 Year 3 November 17, 2027 – November 16, 2028 $ 83,550.83 Total Not-to-Exceed Amount: $ 228,556.41
Payments shall be made on a Net 30 basis following receipt of an undisputed invoice.

Pricing, terms, and conditions in Granicus Quote Q-488611 are incorporated herein by reference and shall take precedence over any conflicting provisions of this Agreement. [SEE FOLLOWING PAGE]
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24 EXHIBIT C
[ ATTACH GRANICUS QUOTE HERE ]
*Quote is included as Attachment 1 to Staff Report*
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25 EXHIBIT D
EXHIBIT “D”

SOFTWARE LICENSE AGREEMENTS
This will include all related software license agreements for the Application Software and Platform Software, if applicable.

1. License in Perpetuity. The license to use all the Application Software shall be irrevocable and in perpetuity and shall not require an annual license fee for continued use after the initial warranty period, and shall survive any termination of this Agreement or the provision of On-going Maintenance and Support Services.

2. Right to Grant License; Remedies for Breach. Vendor represents and warrants to City that Vendor is the owner of the Application Software, or otherwise has the right to grant to City the rights to use of the Application Software. In the event of any breach or threatened breach of the foregoing representation and warranty, City may, at its sole discretion, require Vendor to: i) procure, at Vendor's expense, the right to use the Application Software, ii) replace the Application Software or any part thereof that is in breach and replace it with software of comparable functionality, as determined by the City, that does not cause any breach, or iii) refund to City the full amount paid by the City for the Project upon the return of the Application Software and all copies thereof to Vendor.

3. Application Software Licensing Provisions

3.1 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur.

3.2 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hotsite or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again.

3.3 Development and Test Environments. The City shall be entitled to install and configure the Application Software on additional computing environments (servers, hosts, clients) for the purpose of development and/or testing.

4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which Packet Page. 684
26 EXHIBIT D
shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties.

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27 EXHIBIT E
EXHIBIT “E”

SERVICE LEVEL AGREEMENT(S)
All service level, maintenance, and licensing terms applicable to the products and services provided under this Agreement are contained in the Granicus License Agreement, available at:
https://granicus.com/legal/licensing
The referenced License Agreement is incorporated only to the extent its terms are consistent with this Agreement and do not diminish or limit the rights, protections, or remedies afforded to the City.

In the event of any conflict, inconsistency, or ambiguity between the Granicus License Agreement and this Agreement, the terms of this Agreement shall govern and control.

Nothing in the Granicus License Agreement shall be construed to waive or modify the City’s legal immunities, liability limitations, or other protections provided under California law or the City’s governing charter.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Authorize an Agreement with Forensiclean LLC for Crime Scene Clean Up 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 a Professional Services Agreement with Forensiclean LLC to provide crime scene clean up services for a term beginning December 3, 2025, through June 30, 2028, with an option to extend for two additional years; and

2. Authorize total expenditures not to exceed $225,000, which includes $135,000 for the initial term and up to $90,000 for the optional two-year extension, if exercised by the City.

City Manager's Comments
The City Manager concurs in recommending approval.

Executive Summary
The Police Department seeks authorization to contract with Forensiclean LLC for crime scene clean up services. Following a competitive bidding process, Forensiclean was selected based on cost, qualifications, and a one-hour response time that meets operational needs. The agreement term is December 3, 2025, through June 30, 2028, with the option to extend for an additional 2 years, for a total amount not to exceed $225,000 ($135,000 for the initial term and up to $90,000 for the extension). Costs will be funded from the department’s existing operational budget.

Background
On July 10, 2025, the City issued a Request for Quotes (RFQ F-25-4046) through its procurement portal, PlanetBids, seeking qualified vendors to provide crime scene clean up services. Five responses were received by the July 19, 2025 deadline. Of the Packet Page. 687
five submissions, one was deemed unresponsive, and the remaining four were considered responsive and forwarded for evaluation.

Upon review, the Purchasing Division determined that the pricing structures submitted varied significantly, making a direct comparison difficult. To ensure consistency and transparency in the evaluation process, the Division recommended reissuing the solicitation with a revised quote structure to yield more uniform and comparable pricing.

As a result, RFQ F-25-4046 was canceled, and a new solicitation, RFQ F-25-4049, was issued on August 21, 2025, with a closing date of September 4, 2025.

All vendors who had previously submitted responses were notified of the rebid opportunity. Four responses were received by the revised deadline, and all were deemed responsive.

Discussion
The Purchasing Department conducted a comprehensive evaluation of the four proposals received under RFQ F-25-4049. The evaluation process considered each vendor’s capacity to perform the required services, responsiveness to the scope of work, and overall cost, based on a real-world pricing scenario table designed to simulate the types of incidents the Police Department typically encounters. A copy of the evaluation results, including the scenario table, is provided as an attachment to this staff report for reference.

The table below summarizes the aggregate cost comparison for each vendor, based on cleaning and decontaminating twelve recent incidents:

Vendor Aggregate Cost –
Regular Business Hours
Aggregate Cost –
Afterhours
Response
Time
Aftermath Services LLC $1,808.75 $2,075.00 2 hours
Angel Heart Bio-Trauma
(with 5% local preference) $12,980.09 $13,680.00 1 hour Forensiclean LLC $2,662.50 $3,550.00 1 hour
Hunter Consulting Inc. $11,160.00 $12,240.00 1 hour
Following the evaluation, Forensiclean LLC was determined to be the most qualified and cost-effective proposer capable of meeting the City’s needs. Forensiclean has demonstrated experience providing similar services to public agencies throughout California and possesses the required certifications and expertise to safely and efficiently perform bio-hazard remediation and crime scene clean up services in compliance with all regulatory standards.

In addition to competitive pricing, Forensiclean’s ability to provide a rapid response time was a key factor in the evaluation. Prompt response to crime scenes is critical to the department’s operations, as delays in cleanup can hold officers at a scene longer Packet Page. 688
than necessary and impact service efficiency. Forensiclean’s one-hour response time meets the department’s operational requirements and was determined to be equally as critical as pricing in the final selection.

Based on the evaluation, staff recommend entering into a Professional Services Agreement with Forensiclean LLC for the provision of crime scene clean up services for a term beginning December 03, 2025 through June 30, 2028, with the option to extend for two additional years. The total cost of the agreement will not exceed $225,000, which includes $135,000 for the initial term and up to $90,000 for the optional extension if exercised by the City.
2021-2025 Strategic Targets and Goals
Goal #3: Improved Quality of Life – Constantly evaluate and enhance the quality of public safety services. Engaging with a qualified professional service provider for crime scene clean-up ensures timely and effective remediation of hazardous areas which results in a safer environment for the public.

Fiscal Impact
There is no additional impact to the City’s General Fund, as the costs will be funded from the department’s existing operational budget.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Authorize the City Manager to execute a Professional Services Agreement with Forensiclean LLC to provide crime scene clean up services for a term beginning December 3, 2025 through June 30, 2028, with an option to extend for two additional years; and

2. Authorize total expenditures not to exceed $225,000, which includes $135,000 for the initial term and up to $90,000 for the optional two-year extension, if exercised by the City.

Attachments
Attachment 1 – Professional Services Agreement – Forensiclean LLC Attachment 2 – Scenario Table and Evaluation Results - RFQ F-25-4049 Ward:

All Wards
Synopsis of Previous Council Actions:

November 7, 2018 Mayor and City Council adopted Resolution No. 2018-296 authorizing the City Manager to execute an agreement with Steri-Clean LLC for crime scene clean up services.

CC: Eric Levitt, City Manager
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND FORENSICLEAN, LLC
This Agreement is made and entered into as of December 3, 2025, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Forensiclean, LLC, a Limited Liability Company, with its principal place of business at 900 Richards Blvd., Sacramento, California 95811 (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:

Crime Scene Cleanup Services (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 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 Packet Page. 690
2 Consultant under this Agreement exceed the sum of $225,000.00, which includes $135,000 for the initial term (December 3, 2025 through June 30, 2028) and up to $90,000 for the optional two-year extension if exercised by the City. 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 and 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 December 3, 2025, and continue through June 30, 2028, with the option to extend for an additional two years, unless the Agreement is previously terminated as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Packet Page. 691
3 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.

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.

Packet Page. 692
4 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
(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 Packet Page. 693
5 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. (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.

Packet Page. 694
6 (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. Pollution Liability / Environmental Impairment Liability Pollution Liability Insurance shall be provided by the Supplier if transporting hazardous materials.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Packet Page. 695
7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Pollution Liability/ Environmental
Impairment Liability $1,000,000 per occurrence
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance Packet Page. 696
8 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. (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 Packet Page. 697
9 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 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 Packet Page. 698
10 court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

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 Packet Page. 699
11 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 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 Aaron Burt as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

Packet Page. 700
12 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: City Manager
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:

Forensiclean, LLC
900 Richards Blvd.

Sacramento, CA 95811
Attn: Aaron Burt, 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 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 Packet Page. 701
13 of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

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.

Packet Page. 702
14 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. 703
15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND FORENSICLEAN, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

FORENSICLEAN, LLC
Signature
Name
Title
Packet Page. 704
16 EXHIBIT A

SCOPE OF SERVICES
The Consultant shall provide professional crime scene and biohazard remediation services for the City of San Bernardino Police Department (SBPD) on an as-needed basis. Services shall be performed in accordance with all applicable City, state, and federal laws and regulations governing biohazard handling, transportation, and disposal.

Services to be performed under this agreement include, but are not limited to, the following:

1. Crime Scene and Biohazard Clean Up
• Clean up blood, bodily fluids, and other human waste on City streets and City-owned properties.
• Clean up automotive and biological fluids resulting from traffic collisions, including but not limited to antifreeze, oil, gasoline, and blood. • Clean and disinfect police vehicles, facilities, and other City-owned property contaminated with blood or other human waste, including urine, vomit, and feces.
• Clean, decontaminate, and disinfect crime scenes and other affected areas to prevent the spread of communicable, infectious, and zoonotic diseases.

2. Chemical and Hazardous Material Decontamination
• Clean up and decontaminate surfaces chemically treated with luminol, amido black, cyanoacrylate, ninhydrin, or other reagents used to develop or enhance biological material.
• Ventilate and decontaminate areas contaminated with tear gas residue on City-owned properties.
• Clean up floor or sewage spills on public property as directed by the SBPD.

3. Waste Disposal
• Transport and dispose of medical and biohazardous waste in accordance with all applicable laws and regulations.

4. Response and Performance Requirements
• Be available to the SBPD 24 hours per day, 7 days per week, including all holidays.
• Respond to a call for service within one hour of notification. • Upon notification, promptly commence necessary work and render services as required by SBPD personnel conducting crime scene investigations. • Perform all services diligently and in full compliance with applicable City, state, and federal laws and regulations, without deviation.

Packet Page. 705
17 SCHEDULE OF CHARGES
Hourly Rates
The following hourly rates apply to services performed under this Agreement.

Actual costs will be billed based on the hours of service rendered in accordance with these rates.

Hourly Rate – Regular Hours Monday
through Friday 8:00 a.m. to 5:00 p.m.

Hourly Rate – After Hours and
Weekends
$150 $200
Projected Annual Expenditures
The following represents the projected annual expenditures for the duration of the Agreement.

Actual expenditures may vary by fiscal year, provided total compensation does not exceed $225,000.00 over the term of the Agreement.

Term Fiscal
Year Period Covered
Projected
Annual
Expenditure
Initial Term
FY 26 Dec 3 2025 – Jun 30 2026 $ 45,000
FY 27 Jul 1 2026 – Jun 30 2027 $ 45,000
FY 28 Jul 1 2027 – Jun 30 2028 $ 45,000
Optional Extension (if
exercised)
FY 29
FY 30
Jul 1 2028 – Jun 30 2029
Jul 1 2029 – Jun 30 2029
$ 45,000
$ 45,000
Total Contract Value (NTE) — — $ 225,000
Packet Page. 706
RFQ F-25-4049 COST ANALYSIS

REGULAR BUSINESS HOURS
Case Number Services Required Outdoor Indoor
Size of
clean up
Duration
of
cleaning
Aftermath Forensiclean Angel Heart
(w/5% local)
Hunter
2025-1 cleaning and decontamination of
biohazard
X 5 x 10 2 hours 170.00 300.00 440.09 930.00
2024-1 cleaning and decontamination of
biohazard
X 4 x 4 2 hours 195.00 300.00 1,140.00 930.00
2024-2 cleaning and decontamination of
biohazard
X 2 x 2 45 minutes 113.75 112.50 1,140.00 930.00
2024-3 cleaning and decontamination of
biohazard
X 2 x 5 2 hours 195.00 300.00 1,140.00 930.00
2024-4 cleaning and decontamination of
biohazard
X 5 x 5 1 Hour 110.00 150.00 1,140.00 930.00
2024-5 cleaning and decontamination of
biohazard
X 2 x 2 1 Hour 110.00 150.00 1,140.00 930.00
2025-2 cleaning and decontamination of
biohazard
X UNK PSB 2 hours 195.00 300.00 1,140.00 930.00
2025-3 cleaning and decontamination of
biohazard
X 2 x 2 2 hours 195.00 300.00 1,140.00 930.00
2025-4 cleaning and decontamination of
biohazard
X 2 x 2 1 hour 110.00 150.00 1,140.00 930.00
2025-5 cleaning and decontamination of
biohazard
X 2 x 2 1 hour 110.00 150.00 1,140.00 930.00
2025-6 cleaning and decontamination of
biohazard
X 4 x 4 1 hour 110.00 150.00 1,140.00 930.00
2024-6 cleaning and decontamination of
biohazard
X 2 x 2 2 hours 195.00 300.00 1,140.00 930.00
TOTAL 1,808.75 2,662.50 12,980.09 11,160.00

RESPONSIVE BIDDER
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RFQ F-25-4049 COST ANALYSIS

AFTERHOURS RESPONSIVE BIDDER
Case Number Services Required Outdoor Indoor
Size of
clean up
Duration
of
cleaning
Aftermath Forensiclean Angel Heart
(w/5% local)
Hunter
2025-1 cleaning and decontamination of
biohazard
X 5 x 10 2 hours 225.00 400.00 1,140.00 1,020.00
2024-1 cleaning and decontamination of
biohazard
X 4 x 4 2 hours 225.00 400.00 1,140.00 1,020.00
2024-2 cleaning and decontamination of
biohazard
X 2 x 2 45 minutes 100.00 150.00 1,140.00 1,020.00
2024-3 cleaning and decontamination of
biohazard
X 2 x 5 2 hours 225.00 400.00 1,140.00 1,020.00
2024-4 cleaning and decontamination of
biohazard
X 5 x 5 1 Hour 125.00 200.00 1,140.00 1,020.00
2024-5 cleaning and decontamination of
biohazard
X 2 x 2 1 Hour 125.00 200.00 1,140.00 1,020.00
2025-2 cleaning and decontamination of
biohazard
X UNK PSB 2 hours 225.00 400.00 1,140.00 1,020.00
2025-3 cleaning and decontamination of
biohazard
X 2 x 2 2 hours 225.00 400.00 1,140.00 1,020.00
2025-4 cleaning and decontamination of
biohazard
X 2 x 2 1 hour 125.00 200.00 1,140.00 1,020.00
2025-5 cleaning and decontamination of
biohazard
X 2 x 2 1 hour 125.00 200.00 1,140.00 1,020.00
2025-6 cleaning and decontamination of
biohazard
X 4 x 4 1 hour 125.00 200.00 1,140.00 1,020.00
2024-6 cleaning and decontamination of
biohazard
X 2 x 2 2 hours 225.00 400.00 1,140.00 1,020.00
TOTAL 2,075.00 3,550.00 13,680.00 12,240.00
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Technical Correction for the Citizens’ Option for Public Safety Program to Amend the Fiscal Year 2025/26
Operating Budget (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-397, authorizing the Director of Finance & Management Services to amend the Fiscal Year 2025/26 Operating Budget to increase grant funded expenditures by $204,240.27 to reflect funding available in the Citizens’ Option for Public Safety Program.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
This item seeks City Council approval to amend the FY 2025/26 Operating Budget to include $204,240.27 in additional appropriations funded by the Citizens’ Option for Public Safety (COPS) Program. The funds represent the unspent balance from the prior year’s COPS allocation that was previously accepted by Council but not carried over in the current budget. This technical correction will align the City’s budget with previously approved funding and allow the Police Department to proceed with planned equipment purchases in support of front-line law enforcement operations.

Background
The COPS Program provides state funding to support front-line law enforcement services. These funds must supplement existing services and be used in accordance with a written request by the Chief of Police or Chief Administrator of the law enforcement agency serving the City.

During the budget adoption process for FY 2023/24, the City initially accepted $300,000 in COPS funding. It was later determined that the actual allocation for that Packet Page. 709
fiscal year totaled $641,808.27. On June 5, 2024, the City Council approved Resolution No. 2024-134, accepting the additional $341,808.27 and authorizing the Police Department to encumber and expend the full amount. These funds were subsequently carried over to the FY 2024/25 budget.

During the transition to FY 2025/26, staff identified that an unspent balance of $202,240.27, previously committed for equipment purchases, had not been carried over to the current budget. This item serves as a technical correction to ensure the operating budget accurately reflects all COPS funding previously accepted and available for expenditure in accordance with Council direction.

Discussion
Approval of this item will amend the FY 2025/26 Operating Budget to increase the current grant funded expenditure budget by $202,240.57. This correction represents the unspent balance carried over from the prior year’s COPS allocation.

This technical correction ensures that the City’s budget aligns with the funding approved and accepted through prior Council action. Adoption of the resolution will enable the Police Department to proceed with planned equipment purchases and continue implementing program objectives supported by the COPS program. 2021-2025 Strategic Targets and Goals
This action supports Strategic Goal No. 3b – Improved Quality of Life, by ensuring the City continues to evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
There is no impact to the City’s General Fund. The budget amendment increases the adopted FY 2025/26 grant funded expenditure budget by $204,240.27, fully funded by the Citizens’ Option for Public Safety Program.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution NO. 2025-397, authorizing the Director of Finance & Management Services to amend the Fiscal Year 2025/26 Operating Budget to increase grant funded expenditures by $204,240.27 to reflect funding available in the Citizens’ Option for Public Safety Program.

Attachments
Attachment 1 – Resolution No. 2025-397
Attachment 2 – Resolution No. 2024-134
Ward:

All Wards
Synopsis of Previous Council Actions:

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June 5, 2024 The Mayor and City Council adopted Resolution No. 2024- 134 accepting the FY 2023/24 Citizens’ Option for Public Safety Funds, authorizing the Director of Finance &
Management Services to amend the operating budget, and
authorizing the Police Department to encumber and expend the allocation.

June 1, 2022 The Mayor and City Council adopted Resolution No. 2022- 102
approving and adopting the City’s Annual Operating Budgets for FY 2022/23 and FY 2023/24.

CC: Eric Levitt, City Manager

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Resolution No. 2025-397
Resolution 2025-397
December 3, 2025

RESOLUTION NO. 2025-397

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING A BUDGET AMENDMENT TO INCREASE
APPROPRIATIONS IN THE FISCAL YEAR 2025/26
OPERATING BUDGET BY $204,240.27 IN EXPENDITURES

TO REFLECT FUNDING AVAILABLE UNDER THE
CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS)

PROGRAM
WHEREAS, the Citizens’ Option for Public Safety (COPS) Program provides state funding to support front-line law enforcement services; and WHEREAS, during the Fiscal Year 2023/24 budget adoption process, the City of San Bernardino accepted $300,000 in COPS funding, which was later determined to total $641,808.27; and
WHEREAS, on June 5, 2024, the City Council adopted Resolution No. 2024-134, accepting the additional $341,808.27 and authorizing the Police Department to expend the full allocation; and
WHEREAS, an unspent balance of $204,240.27 from the prior year’s COPS allocation was carried over but inadvertently not re-appropriated in the Fiscal Year 2025/26 Operating Budget; and
WHEREAS, this technical correction will ensure the City’s Operating Budget accurately reflects all funding previously accepted by the City Council and available for expenditure in accordance with the COPS Program requirements.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance & Management Services to amend the Fiscal Year 2025/26 Operating Budget to increase appropriations by $204,240.27, fully funded by the Citizens’ Option for Public Safety (COPS) Program.

SECTION 3. CEQA. The Mayor and City Council find this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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Resolution No. 2025-397
Resolution 2025-397
December 3, 2025

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 December 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No. 2025-397
Resolution 2025-397
December 3, 2025

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-397, adopted at a regular meeting held on the 3rd day of December 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 4th day of December 2025.

Telicia Lopez, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Azzam Jabsheh, Deputy Director of Public Works/City Engineer Department: Public Works
Subject: Award Professional Design Services Agreement for The City Hall Parking Structure (5 Level) Improvements Project to IDS Group, Inc. in the amount of $140,633 and
Contingency of $9,367 for a Total Amount of $150,000
(Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California;

1. Approve the award of a Professional Design Services Agreement with IDS Group, Inc. in the amount of $140,633 for the City Hall Parking Structure (5 Level) Improvements Project; and

2. Authorize a contingency amount in total of $9,367 for the project, bringing the total project budget to $150,000; and

3. Authorize the City Manager or designee to execute all documents with IDS Group; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
Awarding the agreement for the City Hall Parking Structure (5 Level) Improvements Project (“Project”) will enable the City to proceed with essential rehabilitation and modernization of its five-level parking facility serving Vanir Tower, 201 Building, the Hotel and Convention Center, other entities, and the public.

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The scope of work includes general structural and cosmetic repairs, improvements to drainage and wayfinding, and upgrades to ADA accessibility, lighting, and security monitoring. This project will be funded from budget allocated under Measure S.

Background
The City Hall Parking Structure is a five-level facility located in the downtown civic core of San Bernardino. The structure provides essential parking for the Mayor, City Council, City Manager and all City staff, as well as for visitors to City Hall, patrons of the adjacent Hotel and Convention Center, Surrounding Commercial Businesses, other Entities and the General Public. Over time, the facility has experienced significant wear, including cracking, water intrusion, joint deterioration, and outdated accessibility and lighting conditions that have diminished safety and usability for daily operations.

To address these long-deferred maintenance issues and improve the structure’s functionality, the City has initiated the City Hall Parking Structure (5 Level) Improvements Project. The project aims to rehabilitate the existing structure to extend its service life, restore its visual and functional quality, and ensure compliance with current ADA Standards. The improvements also support the City’s broader goals of downtown revitalization and public safety by modernizing infrastructure that serves as a vital hub for civic activity.

Discussion
Staff recommends approval of a Design Services Agreement (“Agreement”) with IDS Group, Inc. to provide professional architectural and engineering services for the City Hall Parking Structure (5 Level) Improvements Project. The Agreement includes preparation of bid-ready plans, specifications, and estimates (PS&E), along with design support during bidding and construction. The term of the Agreement is December 3, 2025, through December 3, 2026, and will allow the City to proceed with design activities necessary to support construction procurement.

The design scope will focus on addressing deferred maintenance and functional improvements, including structural concrete repair, expansion-joint replacement, repainting of interior and exterior surfaces, drainage upgrades with NPDES/MS4- compliant filtration, ADA-compliant ramps, striping, and signage, vandal-resistant lighting and electrical improvements, roof-level waterproofing, fire/life-safety enhancements, elevator and stairwell interior improvements, CCTV installation, EV charging station provisions, wayfinding improvements, and limited landscape work.

Funding for the project is provided under Measure S.

Staff advertised a Request for Proposals (RFP No. F-25-1039) on PlanetBids for professional design and engineering services for the City Hall Parking Structure (5 Level) Improvements Project. The solicitation sought qualified architectural and engineering firms to provide comprehensive design services for the rehabilitation, modernization, and accessibility upgrades of the City’s five-level parking structure located in the downtown civic center area.

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On October 20, 2025, the City received three proposals from the following firms, with the corresponding proposal amounts:

1. IDS Group, Inc. - Corona, CA - $140,633

2. IMEG Corporation - Los Angeles, CA - $380,765

3. Watry Design, Inc. - San Jose, CA - $801,023
The proposals were evaluated by a City staff selection panel in accordance with the criteria outlined in the RFP. Evaluation factors included firm qualifications, relevant experience with similar municipal projects, understanding of the assignment, technical approach, proposed work plan, staffing and key personnel, schedule, and ability to meet project objectives within budget. Additional factors considered included project references, responsiveness to the RFP, overall presentation quality, and record of performance on comparable public projects.

The evaluation process followed the procedures established under the State of California Government Code and the City’s Purchasing Ordinance. Each proposal was scored and ranked as follows:

1. IDS Group, Inc. - 91.83%

2. IMEG Corporation - 75.67%

3. Watry Design, Inc. - 66.00%
Based on the evaluation results, IDS Group, Inc. was determined to be the highestranked and most qualified firm to perform the required services. 2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 4 – Improve Quality of Life: Evaluate and enhance the quality of public facilities and infrastructure to promote safety, accessibility, and community well-being.

The City Hall Parking Structure (5 Level) Improvements Project directly supports this goal by restoring and modernizing a critical public facility that serves City staff, residents, and visitors. The rehabilitation will improve structural safety, upgrade ADA accessibility, enhance lighting and security, and ensure compliance with current standards. These improvements contribute to a safer, more functional, and visually enhanced civic environment, supporting the City’s long-term commitment to improving the quality of life and accessibility within the downtown core.

Fiscal Impact
The City Hall Parking Structure (5 Level) Improvements Project will be funded through Measure S, which was adopted as part of the City’s budget on June 4, 2025. A total of $150,000 has been allocated in the FY 25/26 Capital Improvement Program (CIP) budget to fund this agreement. There are sufficient funds within the department’s approved budget to cover the cost of the professional design and engineering services agreement with IDS Group, Inc., including any necessary contingency to support successful project delivery.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California;

1. Approve the award of a Professional Design Services Agreement with IDS Group, Inc. in the amount of $140,633 for the City Hall Parking Structure (5 Level) Improvements Project; and

2. Authorize a contingency amount in total of $9,367 for the project, bringing the total project budget to $150,000; and

3. Authorize the City Manager or designee to execute all documents with IDS Group; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Design Service Agreement
Attachment 2 Proposal, IDS Group, Inc.

Attachment 3 Location Map
Ward:

Ward 1
Synopsis of Previous Council Actions:

June 04, 2025, FY 2025/2026 Budget Presentation (All Wards) CC
Eric Levitt, City Manager
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1 CITY OF SAN BERNARDINO

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as December 3, 2025 (“Effective Date***) by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (“City”), and IDS Group, Inc., a California Corporation, with its principal place of business at 980 Montecito, Suite 205, Corona, CA 92879 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3 Project. City desires to engage Designer to render such services for the CITY HALL PARKING STRUCTURE (5 LEVEL) PROJECT NO. GB26-012 ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Designer.

3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term. The term of this Agreement shall be from December 3, 2025 to December 3, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

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2 3.2 Project Designer; Key Personnel.

3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates IDS Group, Inc. (License No. 2091154) to act as the Project Designer for the Project. The Project Designer shall:
(1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows:
✓ Said Hilmy, PhD, PE, SE, LEED AP
• Title: Principal in Charge / Contract Administrator
• License: California Registered Professional Engineer (PE) and Structural Engineer (SE)
✓ John Silber, AIA
• Title: Principal Architect / Project Manager
• License: California Licensed Architect (AIA)
✓ Shelley Sviska, RA, LEED AP
• Title: Project Manager
• License: California Licensed Architect (RA)

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or Packet Page. 723
3 other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or Packet Page. 724
4 consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.

3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom.

Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.

3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

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5 3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

Designer 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 Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 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. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, 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 laws, regulations, and ordinances listed above, arising out of or in connection with the Services, 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.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations.

Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall Packet Page. 726
6 specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control. Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.

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7 3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. 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 Designer 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.

3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Designer Services.

3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services Packet Page. 728
8 are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

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9 3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates Azzam Jabsheh, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates Azzam Jabsheh, City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of One Hundred Forty Thousand Six Hundred Thirty-Three Dollars ($140,633) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and Packet Page. 730
10 incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.

3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under Packet Page. 731
11 the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.

3.10.6 Prevailing Wages. Designer 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, and if the total compensation is $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.

Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.10.7 Registration. 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 Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. 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.

3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer shall defend, indemnify and hold the City, its officials, officers, employees and agents free and Packet Page. 732
12 harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Designer or any subcontractor.

3.11 Notice to Proceed.

Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.

3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and Packet Page. 733
13 remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties.

If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.

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14 3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (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, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.

3.15 Insurance. Designer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its Packet Page. 735
15 subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.15.3 Commercial General Liability
(a) The Designer 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. (b) 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. 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
(c) 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.
(d) The policy shall give City, the City Council and each member of the City Council, its 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.
(e) 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.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Designer shall maintain Automobile Liability Insurance for bodily injury and Packet Page. 736
16 property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) 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).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) 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.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Designer 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.
(b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer 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.

Designer 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.

3.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Designer 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 Designer. “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.

3.15.7 Privacy/Network Security (Cyber
(a) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

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17 3.15.8 Aviation and/or Drone Liability
(a) If applicable, at all times during the performance of the work under this Agreement, the Designer shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.

3.15.9 Minimum Policy Limits Required
(a) 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 Aviation/Drone Liability $1,000,000 per occurrence limit (b) Defense costs shall be payable in addition to the limits. (c) 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.

3.15.10 Evidence Required
(a) Prior to execution of the Agreement, the Designer 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.

3.15.11 Policy Provisions Required
(a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall Packet Page. 738
18 provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer 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.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’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.
(c) The retroactive date (if any) of each policy is to be no later than the Effective Date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer 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.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) 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 Designer from liability in excess of such coverage, nor shall it limit the Designer’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.

3.15.12 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.15.13 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, 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 Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

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19 (b) 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 Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. (d) 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.

3.15.14 Subconsultant Insurance Requirements
(a) Designer 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 Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.

3.19 Mediation.

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20 Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 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, Designer 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.

3.21 Asbestos Certification.

Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

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21 3.27 Safety.

Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 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, California 92401
Attn: City Manager
With a Copy to:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
DESIGNER:

IDS Group, Inc.
980 Montecito, Suite 205
Corona, CA 92879
Contact Person: John Silber, AIA,
Principal Architect / Project Manager
Phone: 949.387.8500 ext. 509
Email: [email protected]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

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22 3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer 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 Designer, 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.

3.32.2 Conflict of Interest. For the term of this Agreement, no director, 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.

3.33 Equal Opportunity Employment.

Designer 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 any other classification protected by federal or state law.

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. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35 Subcontracting.

As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 Electronic Signature.

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23 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.

3.38 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. 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. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]
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23 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND IDS Group, Inc.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

DESIGNER
IDS Group, Inc.

APPROVED BY:

John Silber, AIA
Principal Architect/ Project Manager
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24 Packet Page. 746
Exhibit A-1

EXHIBIT A
DESIGNER’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. N/A

1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A

1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City.

1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager.

The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters.

2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget.

Designer shall use its best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution within the Project’s budget and construction Packet Page. 747
Exhibit A-2
allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget.

2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners.

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

3.2 Funding Documents. Designer shall provide a site plan and all other Projectrelated information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project.

3.3 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.

3.4 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project.

3.5 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

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Exhibit A-3

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval.

4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”).

4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City.

4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:

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Exhibit A-4
(1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“asbuilt drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions.

City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.

The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based.

5.5 Copies of Final Working Drawings and Specifications and Other Documents.

Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local Packet Page. 750
Exhibit A-5
agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget.

7. BID PHASE.

During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents.

7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project.

7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City.

8. CONSTRUCTION PHASE.

During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

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Exhibit A-6

8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer.

8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors.

8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties.

8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly.

8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines.

8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.

8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.

8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly.

8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.

8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.

8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City.

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Exhibit A-7

8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.

8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.

8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised.

If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.

8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector.

8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept.

8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City.

8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Designer shall notify contractor in Packet Page. 753
Exhibit A-8
writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items.

8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City.

8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment.

8.23 Documents for Project Close-Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.

Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

8.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct.

8.2 Approval. Once City provides Designer with specific written approval of the AsBuilt Drawings and Specifications, Designer shall forward to City the complete set of original AsBuilt Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.

8.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion.

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto:

Packet Page. 754
Exhibit A-9

10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.

Packet Page. 755
Exhibit A-9
Packet Page. 756
Exhibit C-1

EXHIBIT B

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

Designer will invoice City on a monthly cycle based on the following fee schedule.

Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.

Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.

2. PHASING/FUNDING SCHEDULE.

Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:

Packet Page. 757
Exhibit C-1
Packet Page. 758
Exhibit C-1

EXHIBIT C

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.

The following hourly rates shall apply for all work performed under this Agreement, including any authorized additional services:

Packet Page. 759
Exhibit C-2

9. REIMBURSABLE EXPENSES.

Reimbursable expenses shall be as defined and governed by Section 3.10.3 of the Design Services Agreement (DSA).

10. ADDITIONAL SERVICES.

Additional Services shall be billed at the actual hourly rates listed above and shall be performed only upon prior written authorization by the City’s Project Manager.

11. ADDITIONAL CONSULTANTS.

If the City requests the Designer to hire subconsultants to perform any Additional Services, Designer shall be compensated at the actual cost of such services plus ten percent (10%) for administrative and coordination expenses.

The City reserves the right to review and approve all consultant rates prior to authorization.

Packet Page. 760
City of San Bernardino
Professional Design Engineering Services

CITY HALL PARKING STRUCTURE
IMPROVEMENTS - Project No. GB26-12
October 20, 2025

RESPONSE FILE
Packet Page. 761
980 Montecito, Suite, 205, Corona, California 92879 951.631.8550 www.idsgi.com October 20, 2025
City of San Bernardino
290 North D Street
San Bernardino, California 92401
Attention: Jennifer Broadnax, Purchasing Division
SUBJECT: CITY HALL PARKING STRUCTURE (5 LEVEL) PROJECT NO. GB26-012 Dear Ms. Broadnax and Members of the Selection Committee, IDS Group (IDS) is pleased to submit this proposal to provide professional engineering services for the City of San Bernardino City Hall Parking Structure, assessment and improvements. IDS has an in depth understanding of the San Bernardino City Hall Parking Structure and what is needed to provide a comprehensive, well thought out design.

IDS brings more than 65 years’ experience providing architecture and engineering expertise to a vast number of public agencies throughout Southern California, specializing in the field of structural design, seismic engineering, and forensic investigation. Our principals and staff have been serving on many code development committees and have published numerous technical papers and engineering articles on parking structures, seismic design, retrofit, and repair. IDS engineers have provided services on similar projects for many clients all over Southern California.

PROVEN PERFORMANCE:

Experience with the City of San Bernardino: Our project team brings an established record of accomplishment of working with the City. The IDS team will be “in sync” from day one with the City’s organization value systems. As we have done so on previous similar projects, the IDS team will serve and work closely with the City’s department representatives to understand their goals and vision while personally guiding them through the design, cost estimate, and other requirements for this project. IDS previously completed condition assessments and seismic upgrades at three (3) of the City-owned parking structures serving the City Hall and the Carousel Mall, IDS provided a cost estimate for repairs and upgrades, as well as various other projects including, Speicher Ball Field Upgrades, Newmark Ball Field Upgrades, the San Bernardino Fire Station #222 Sleeping Quarters Remodel, the CAO Communication Office Remodel, and Repair and the San Bernardino County Fire Station 23Seismic Assessment to name a few.

Experienced Team: Our team has completed over 200 projects involving parking structures, commercial, industrial, residential and institutional facilities, including many for government and public agencies within the last five years. A testament to the quality of our customer service is represented by the fact that approximately 80% of our clientele is repeat business. Our experience with City-owned parking structures in Southern California is significant. Some of these include:
• IDS is currently working with the City of Manhattan Beach to provide structural damage repair as well as the expansion of the parking structure and corresponding cost estimates. • IDS is providing A/E services for the City of Santa Monica to repair city parking structures in downtown Santa Monica and provide ten-year parking planning for the City. IDS later provided the evaluation and upgraded the elevators in three of their parking structures.

1. EXECUTIVE SUMMARY
Packet Page. 762
980 Montecito, Suite, 205, Corona, California 92879 951.631.8550 www.idsgi.com • The City of Riverside selected IDS to implement the findings of the condition assessment performed by IDS for the repair of Parking Structures #1, #2, and #3, including recent damage of the post-tensioned beams. • Along the same lines, the City of Rancho Palos Verdes selected IDS in 2011 to assess and repair the City owned parking structure adjacent to the City Hall.
• Other related firm experience includes distress repair of parking structures for Simon Property Group (Mission Viejo Mall and Fashion Valley Mall in San Diego), El Camino Community College Parking Structure F, and San Diego 7th Street Parking Structures, which were awarded the most prestigious outstanding achievement award by SEAOC for the renovation and seismic upgrade of the facility.

We thank the City of San Bernardino for the opportunity to submit this proposal and look forward to a favorable response from our submittal. Mr. John Silber AIA, will be the Principal Architect and the main point-of-contact for the City of San Bernardino. He can be reached at 949. 387-8500 ext. 156 or [email protected]. Mr. Said Hilmy, Principal of IDS Group, hereby acknowledges that he will be the contract administrator for the City and will negotiate and contractually bind the firm regarding matters pertaining to this Proposal. If you require further information, please contact him directly at 949.387.8500 ext. 116 or [email protected].

Sincerely,
IDS Group
John Silber, AIA Said Hilmy, PhD, PE, SE, LEED AP
Principal Architect/Project Manager Principal In Charge/Contract Administrator Packet Page. 763
3 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
Solutions Through Integrated Design

1. Executive Summary 1

2. Table of Contents 3

3. Identification of Proposer 4

4. Staffing Resources 5

5. Fiscal Stability 16

6. Experience & Technical Competence 18

7. Proposed Method to Accomplish the Work 27

8. Fee Proposal 33

9. Insurance 34

10. Litigation 35

11. Other Information 36

12. Certification of Proposal 39

13. Appendix 42

2. TABLE OF CONTENTS
Packet Page. 764
4 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039

3. IDENTIFICATION OF

PROPOSER
Company Data
a. Legal Name and
Address
Corona Office: 980 Montecito, Suite 205, Corona, CA 92879 Los Angeles Office: 1210 Wilshire Blvd., Suite 800, Los Angeles, CA 90025 Pasadena Office: 625 Fair Oaks Ave, Suite 377, South Pasadena, CA 91030 Irvine Office: 1 Peters Canyon Road, Suite 130, Irvine, CA 92606 Encinitas Office: 336 Encinitas Blvd., Suite 110, Encinitas, CA 92024 b. Legal Form of
Company
IDS is a California Corporation incorporated in 1998
Small Business Enterprise - DGS 28443
c. Wholly-owned
Subsidiary Not Applicable
d. Company
Representative
John Silber, AIA, Principal Architect/Project Manager
980 Montecito, Suite 205, Corona, CA 92879
949.387.8500 ext. 509
[email protected]
e.

California Business
License Number Entity Number: 2091154
Mr. Said Hilmy, PhD, PE, SE, LEED AP, will be the Contract Administrator for the City of San Bernardino and hereby certifies that he is the principal of IDS Group and will negotiate and will contractually bind the firm regarding matters pertaining to these qualifications.

Said Hilmy, PhD, PE, SE, LEED AP
Contract Administrator
Packet Page. 765
5 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039

FIRM STAFFING & KEY PERSONNEL
IDS is an award-winning architectural and engineering (A/E) firm which offers fully integrated architectural engineering multidisciplinary consulting services. IDS provides architecture, landscape architecture, structural, electrical, mechanical, plumbing and civil engineering as well as and cost estimating. Our staff of 100 professionals bring a proven track record interfacing with project stakeholders and code compliance for public agency projects, providing A/E design services for complex design renovations, additions, and modernizations as well as new construction for various facilities and project types.

IDS Principal Team Members To Work With City of San Bernardino The IDS staffing and resource management plan is based on our extensive experience providing A/E services for public agencies. Our flexible organizational infrastructure allows us to meet any project’s technical and schedule challenges by ensuring the appropriate team members are assigned to projects that best fit their experience, the project scope, and schedule requirements. The IDS staff listed, have worked independently or teamed on projects with similar deliverables and have successfully collaboratively provided architectural and engineering services that will furnish the most expeditious and efficient response time available to ensure collaborative success.

Said Hilmy, PhD, PE, SE, LEED AP | Principal In Charge/Contract Administrator Dr. Hilmy has over 40 years of experience in structural engineering design and analysis and project management. Mr. Hilmy specialties are related to providing organizational leadership with a focus on quality control in the delivery of construction documents as well as excellent customer service.

John Silber, AIA | Principal Architect
Mr. Silber has been an active member of the architecture and urban design of Southern California for 40 years. His work has covered a broad range of urban projects, including a number in areas of special interest. He has mastered the interface between community design expectations, urban in-fill architecture and modern code standards for fire/life safety, energy, and accessibility.

Shelley Sivak, RA, LEED AP| Project Manager
Ms. Sivak has been involved in the fields of architecture and interior design for more than 25 years, shaping space, and bringing life to both urban and suburban settings, which create a strong sense of place. Shelley specializes in reviewing the state of the existing building and evaluates’ its size and layout for the intended use, identifying the need for repair, renovation and expansion.

4. STAFFING RESOURCES
Packet Page. 766

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 6
Key Support Staff & Biographies
Kristen Gros, PLA, FASLA | Lead Landscape Architect
Ms. Gros brings a multi-disciplinary and sustainability-focused understanding to landscape planning, design, and irrigation systems. Her strengths are design creativity, bid package development, public outreach, client coordination, and multi-disciplinary team management.

Stephan Uthoff, PE, SE | Lead Structural Engineer
Mr. Uthoff is a licensed California Structural Engineer with over 30 years of experience an in building design and review, including parking garages, essential service facilities, hospitals, office buildings, schools, airports, theme parks, churches, shopping centers, industrial buildings and military structures, and blast analysis.

Steven Collins, PE, LEED AP | Lead Electrical Engineer
Mr. Collins has over 20 years of experience in Electrical engineering in the design of electrical building systems to meet client requirements for a variety of new construction and renovation work in the areas of office facilities, data centers, banks, universities, hospitals and educational facilities. He is also skilled in the design of Photovoltaic Systems for ground mount and roof-mounted systems.

Darren Smith, PE, BEAP | Lead Mechanical/Plumbing Engineer Mr. Smith is a registered mechanical engineer with more than 25 years of experience in both designbid-build and design-build projects. Darren is a very experienced design engineer and project manager with extensive experience in designing and managing numerous construction projects requiring strong cross communication at various levels of project ownership.

Adrian Anderson, PE |Lead Civil Engineer
Mr. Anderson brings over 25 years of experience and is well-versed in public-work infrastructure improvements, utility coordination, active transportation, traffic engineering, signal timing, signing and striping, drainage, and street design. Throughout his career, Adrian has managed public agency projects for street rehabilitation projects, street widening and new street/ highway projects, drainage improvement projects, right-of-way projects, development project plan checks for various agencies.

Faisal Dakhil | Cost Estimator
Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a wide spectrum of projects ranging in values from $1 million to more than $250 million. As Senior PM and Chief Estimator, Faisal has accumulated a long track record of successful jobs coming in under budget and on-time, resulting in substantial savings for the clients.

Sub-Consultants
As a multidiscipline architectural and engineering design firm, IDS seamlessly integrates all specialized divisions under one roof giving our clients a premium customer experience by creating a “one-stop-shop” of design professionals. After review of the scope of services, IDS has concluded that all services outlined in the RFP can be provided through our inhouse services.

Packet Page. 767
7 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
Said Hilmy, PhD, PE, SE, LEED AP*
Managing Principal /
Contract Administrator
John Silber, AIA*
Principal Architect
*Key Team Members
Shelley Sivak, RA, LEED AP*
Project Manager
Organization Chart

IN-HOUSE SUPPORT STAFF

STRUCTURAL MECHANICAL/PLUMBING PRECONSTRUCTION/COST ESTIMATION Stephan Uthoff, PE, SE
Lead Structural Engineer
Darren Smith, PE, BEAP*
Lead Mechanical Engineer
Faisal Dakhil
Senior Cost Estimator
Ellen Wu, PhD, PE
Structural Analyst
Kevin Barnes
Mechanical/Plumbing Lead
Sheldon Jackson
Preconstruction

CIVIL ELECTRICAL
Adrian Anderson, PE
Lead Civil Engineer
Steven Collins, PE, LEED AP*
Lead Electrical Engineer
Silman Ruiz, PE
Civil Engineer
Michael Reed
Lighting Project Lead

ARCHITECTURAL TEAM
Quentin Montrie, LEED AP
Design Manager/Urban Planning
Katilyn Do
Parking Design Planner
Kristen Gros, ASLA, LEED AP ND
Landscape Architect
Packet Page. 768

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 8
Said Hilmy, PhD, PE, SE, LEED AP
Principal In Charge/Contract Administrator
Dr. Hilmy has over 40 years of experience in structural engineering design and analysis and project management with strong expertise in the design and upgrade of steel, concrete, and wood structures. Recognized for his knowledge of code developments and seismic retrofit, Dr. Hilmy has worked on more than $3 billion engineering projects and more than 200 seismic assessments and retrofit projects in California.

Mr. Hilmy provides organizational leadership with a focus on quality control in the delivery of construction documents and excellent customer service.

Relevant Project Experience:
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • University of Southern California, Elvon & Mabel Musick Law Building Roof and Deck Replacement | Los Angeles, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• John Wayne Airport, Replacement Parking Structure C | Santa Ana, CA • Martin Luther King Jr. Medical Campus, E. Parking Structure Los Angeles, CA
• El Camino College Parking Structure, Lot F | Torrance, CA • City of San Bernardino, 3 Parking Structures Condition Assessments San Bernardino, CA
• City of Riverside Parking Structures 1 and 2, Seismic Strengthening, Structural Repair, and Façade Enhancement | Riverside, CA 35+years of experience
EDUCATION:

Doctorate, Structural Engineering,
Cornell University
PROFESSIONAL REGISTRATION:

Professional Structural Engineer:

California #S3680
Professional Civil Engineer:

California #C43988
LEED Accredited Professional

KEY PERSONNEL RESUMES
Packet Page. 769

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 9
John Silber, AIA
Principal Architect
An award-winning architect with more than three decades of extensive experience working on a wide range of projects both the public and private sectors. John’s upfront planning and design efforts are instrumental in creating sites and structures that fit seamlessly with their surroundings, are carefully attuned to their use, and contribute to making lasting and meaningful places. John’s projects have ranged in scope from minor facility upgrades to new construction, assessment and renovation projects for various project types including, parking structures, office buildings, commercial buildings, education, and healthcare.

Relevant Project Experience:
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna, CA
• City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Department of General Services, Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA
• Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• University of California, Irvine, Campus-wide Bridge & Ramp Railing Systems Repair | Irvine, CA
• Cal State University, Fullerton, Parking Lot Renovation | Fullerton, CA • University of Southern California, Elvon & Mabel Musick Law Building Roof and Deck Replacement | Los Angeles, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• City of Irvine Civic Center Public Safety Tenant Improvements | Irvine, CA • City of Santa Ana City Hall Tenant Improvements | Santa Ana, CA 35+years of experience
EDUCATION:

Master of Architecture, Southern
California Institute of Architecture
PROFESSIONAL REGISTRATION:

Professional Architect:

California #C15573
Packet Page. 770

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 10
Shelley Sivak, RA, LEED AP
Project Manager
Ms. Sivak has been involved in architecture for more than 25 years, shaping space, and bringing life to urban and suburban settings, which create a strong sense of place. Shelley specializes in reviewing the state of the existing building and evaluating its size and layout for the intended use, identifying the need for repair, renovation, and expansion.

Ms. Sivak’s experience ranges from public facilities, corporations, healthcare, commercial, institutional, and themed entertainment projects.

Shelley has knowledge of all project phases and the ability to carry design intent of the building through to the interior of a project.

Relevant Project Experience:
• Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• City of Anaheim West Tower Upgrades and Tenant Improvements Anaheim, CA
• Los Angeles Metro, Tier 1, Tier 2 Parking Condition Studies Various Locations, CA
• City of Irvine Civic Center Public Safety Tenant Improvements | Irvine, CA 25+years of experience
EDUCATION:

Master of Architecture, California
State Polytechnic University, Pomona
PROFESSIONAL REGISTRATION:

Professional Architect:

California #C33767
LEED Accredited Professional
Quentin Montrie, LEED AP
Design Manager/Urban Planning • City of Santa Ana Downtown Parking Structures Repairs • City of Alhambra City Hall Tenant Improvements
• Sweetwater UHSD Fleet EVSA
• Glendora Corporate Yard Planning
• Department of General Services Patton Culvert & Kitchen Repair Education: BS, Architecture, University of Maryland
Professional Credentials: LEED Accredited Professional
Kaitlyn Do
Planner Design Planner • Exposition Park New Underground Parking Structure Budget Package
• The Irvine Company, Block 800 - 3 Levels | Spaces: 1518 • Culver Studios Van Buren - 9 Levels | Spaces: 1300
• UCI Verano 8 Student Housing Unit - 5 Levels | Spaces: 853 • Edward Life Science Alton- 5 Levels | Spaces: 777
Education: BA, Architectural Studies, University of
California, Los Angeles
Kristen Gros, ASLA, LEED AP ND
Landscape Architect
• City of Santa Ana Downtown Parking Structures Repairs • City of Corona, City Hall Veteran’s Memorial Enhancements • Lyle Center Upgrades and Campus Beautification
• Centered Ground Wellness Landscaping
• Summerlin Village 24 Streetscapes
• City of Maywood Teen Center Landscape Design
Education: Master of Landscape Architecture, California Polytechnic University, Pomona
Professional Credentials: Professional Landscape
Architect: CA #6288; LEED Accredited Professional ND
Packet Page. 771

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 11
Stephan Uthoff, PE, SE
Lead Structural Engineer
With over 40 years of experience in structural design, Mr. Rosenbach has been involved with new structures, evaluating and retrofitting existing structures, and remodeling and modernizing existing buildings.

In addition, he has conducted and reported numerous forensic seismic investigations. Jaime has extensive field experience, providing construction administration, code compliance review, and plan check services for multiple projects.

Relevant Project Experience:
• City of Montebello Transportation Parking Structure Structural Assessment | Montebello, CA
• City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Simon Fashion Valley - Parking Structures Repairs | San Diego, CA • City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • Los Angeles CCD, East Los Angeles College, Parking Structures and Classroom Building Structural Repair | Monterey Park, CA • El Camino College- Parking Structure F | Torrance, CA • City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • Orange County Public Works Parking Structure #6 Structural Assessment | Santa Ana, CA
• Los Angeles World Airport Lot F Seismic Upgrades | Los Angeles, CA 40+years of experience
EDUCATION:

MS, Structural Engineering, California
Polytechnic University, Pomona
PROFESSIONAL REGISTRATION:

Professional Structural Engineer:

California #S5186;
Professional Civil Engineer:

California #C42855
Structural Support
Ellen Wu, PhD, SE
Structural Analyst
Relevant Project Experience:
• Orange County Public Works Parking Structure #6 Structural Assessment • Los Angeles World Airport Lot F Seismic Upgrades
• City of Cerritos Subterranean Parking Structure Repairs • Simon Fashion Valley - Parking Structures F&G Repairs • City of Riverside, Parking Structures #1 & 2, Riverside • UC, Irvine Stairs and Bridges Condition Assessments
Education:

Doctorate, Civil and
Environmental Engineering,
University of California, Irvine
Professional Credentials:

Civil Engineer: CA #C89717
Packet Page. 772

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 12
Civil Engineering Support
Silman Ruiz, PE
Civil Engineer
Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs • Cal State University, Dominguez Hills, Physical Plant Parking Lot Reconfiguration
• Lyle Center Upgrades and Campus Beautification
• City of La Canada-Flintridge Traffic Signal Modifications • City of Carson Avalon Boulevard, 223rd Street to Lomita Boulevard Street Improvement Project
Education:

BS, Civil Engineering, California
State University, Fullerton
Professional Credentials:

Civil Engineer: CA #C94658
Adrian Anderson, PE
Lead Civil Engineer
Mr. Anderson has over 25 years of experience and is well-versed in public-work infrastructure improvements, utility coordination, active transportation, traffic engineering, signal timing, signing and striping, drainage, and street design. Throughout his career, he has managed public agency projects for street rehabilitation projects, street widening and new street/ highway projects, drainage improvement projects, right-of-way projects, development project plan checks for various agencies, urban trail projects, and other active transportation facilities.

Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs Santa Ana, CA
• Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA • Orangewood Children & Family Center Parking & ADA Upgrades Santa Ana, CA
• St. Mina Church Parking Lot | Colton, CA
• Orange County Public Works Striping Truck Covered Parking Orange County, CA
• Riverside County Sheriff Dept, Coroner Facility Parking Lot Improvements, Drainage, & Water Quality | Banning, CA
• City of Santa Monica Airport Parking Lots| Santa Monica, CA • Cal State University, Dominguez Hills, Physical Plant Parking Lot Reconfiguration | Carson, CA
• Cal State University, Fullerton, Parking Lot Renovation | Fullerton, CA 25+years of experience
EDUCATION:

BS, Civil Engineering, California State
University, Long Beach
PROFESSIONAL REGISTRATION:

Professional Civil Engineer:

California #C60955
Packet Page. 773

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 13
Mechanical/Plumbing Support
Kevin Barnes
Mechanical/Plumbing Lead
Relevant Project Experience:
• Music Center Parking Garage Water Intrusion Repair
• Hilton Garden Inn/ Home 2 Suits Subterranean Parking
• DGS, Office of Exposition Park Management Underground Parking Structure Budget Package | Los Angeles, CA
• Orange County Transportation Authority, Plumbing & Drainage Improvements at 5 Sites
• Los Angeles World Airports, Roadways, Utilities, and Enabling (RUE) Projects Education:

BS Engineering Technology
Mechanical/Manufacturing,
Cal Poly Pomona,
Darren Smith, PE, BEAP
Lead Mechanical Engineer
Darren Smith is a registered mechanical engineer with over 25 years of experience in design bid build and design-build projects. With extensive experience in designing and managing numerous construction projects, Darren brings cross-communication at various levels of project ownership and the flexibility needed for project task order assignments.

Relevant Project Experience:
• John Wayne Airport East Parking Structure Zero Level Ventilation & Heat Removal | Santa Ana, CA
• Bellflower Regional Transit Center and Parking Garage | Bellflower, CA • DGS, Van Nuys Parking Garage Water Intrusion Assessment Van Nuys, CA
• City of Cerritos Subterranean Parking Structure Repairs | Cerritos, CA • County of Los Angeles, Music Center Parking Garage Water Intrusion Repair | Los Angeles, CA
• DGS, Office of Exposition Park Management Underground Parking Structure Budget Package | Los Angeles, CA
• Big Bear High School Parking & EV Chargers Removal | Big Bear, CA • Children’s Hospital of Orange County Parking Garage P12 Repairs Santa Ana, CA
• Los Angeles World Airports, Roadways, Utilities, and Enabling (RUE) Projects
25+years of experience
EDUCATION:

BS, Mechanical Engineering
Technology, California Polytechnic
University, Pomona
PROFESSIONAL REGISTRATION:

Professional Mechanical Engineer,
California #M30841;
ASHRAE (Building Energy Auditing
Professional)
Packet Page. 774

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 14
Electrical Engineering Support
Michael Reed
Lighting Project Lead
Relevant Project Experience:
• Exposition Park New Underground Parking Structure Budget Package • Expo Park Blue Parking Structure Lighting Deficiency Study • Vista Canyon Temporary MTA Parking Lot
• Big Bear High School Electrical Assessment Parking and EV Chargers Removal • Morgan Park Parking Lot Expansion Lighting
• Exposition Park Blue Parking Structure Lighting Deficiency Study • City of Santa Ana, Civic Center Perimeter Street Lighting Education:

Associate of Arts, Computer
Science
Steven Collins, PE, LEED AP
Lead Electrical Engineer
Mr. Collins brings over 25 years of experience in Electrical Engineering for Building Systems and has expertise in municipal, education, commercial, and healthcare markets. His experience includes field investigation, design, and specifications for electrical service entrance equipment, standard and emergency distribution systems, lighting systems, controls, power-to-utilization equipment and devices, fire alarm systems, and telecommunication and low-voltage raceway systems.

Relevant Project Experience:
• City of Perris Morgan Park Parking Lot Expansion | Perris, CA • Morgan Park Parking Lot Expansion Lighting | Perris, CA • East Los Angeles College Elevator Replacement | Monterey Park, CA • County of Riverside Sheriff Department, Planning and A/E Improvement Projects | Riverside County, CA
• South Pasadena City Hall Parking Lot Upgrades | South Pasadena, CA • City of Maywood Teen Center Conversion | Maywood, CA
• City of Industry, New Banquet Hall Expo Center | City of Industry, CA • City of Perris Morgan Park Parking Lot Expansion | Perris, CA • City of Irvine, Bill Barber Community Park Shade Structure | Irvine, CA • Orange County Sheriff’s Department, Central Men’s Jail Lighting Retrofit | Orange, CA
25+years of experience
EDUCATION:

MS, Electrical Engineering,
Rensselaer Polytechnic Institute
PROFESSIONAL REGISTRATION:

Professional Electrical Engineer:

California #E22805;
LEED Accredited Professional
Packet Page. 775

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 15
Faisal Dakhil
Lead Cost Estimator
Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a broad spectrum of projects ranging in value from $1 million to more than $250 million. Faisal has a long track record of successful jobs coming in under budget and on time, resulting in substantial client savings.

Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs | Santa Ana, CA • City of Laguna Beach, Glenneyre Parking Structure Rehabilitation Laguna Beach, CA
• City of Manhattan Beach, Parking Lot 3 Seismic Evaluation Manhattan Beach, CA
• Exposition Park New Underground Parking Structure Budget Package Los Angeles, CA
• Exposition Park Blue Parking Structure Lighting Deficiency Study Los Angeles, CA
• Van Nuys Parking Garage Water Intrusion Assessment | Van Nuys, CA • Orange County Elevator Modernization Finance Building 12 Santa Ana, CA
30+years of experience
EDUCATION:

MS, Civil Engineering, University of
Southern California;
BS, Civil Engineering, University of
Southern California

PRECONSTRUCTION
Sheldon Jackson
Preconstruction
Relevant Project Experience:
• City of Santa Ana Downtown Parking Structures Repairs • Glenneyre Parking Structure Rehabilitation
• Orange County Public Works Parking Structure #6 Structural Assessment • City of Manhattan Beach, Parking Lot 3 Seismic Evaluation • Riverside County Sheriff’s Department Facility Entrance and Security Booth Redesign
• Santa Monica Airport Building System Assessments and Historical Evaluation • City of Los Angeles, Sofi Stadium
Education:

BS, Mathematics, Columbia
University
Professional Certification
Certified Project Manager
Packet Page. 776
16 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
Letter from Financial Institute and Audited Financial Statements Below is a copy of a letter stating the current line of credit for IDS Group. IDS is a privately held company with confidential financial, therefore a copy our financial statements certified by a CPA has been included at the end of our proposal under a confidential tab.

5. FISCAL STABILITY
Packet Page. 777
17 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
January 26, 2024
RE: IDS Group Inc
To Whom It May Concern:

Our client, IDS Group Inc has been a high valued client at Bank of America since 2005. The overall combined average balances of their accounts are in the Medium six figure range.

They also have a Business Line of Credit which is subject to a renewal process on an annual basis with a maturity date of January 2025.

All checking accounts. and their Line of Credit have been maintained in a satisfactory manner.

Should you have any questions about the information provided, please contact me at the information provided below.

Sincerely,
Denise Makarem
Denise Makarem
SVP/ Sr. Relationship Manager
520 Newport Center Drive, 10th Floor
Newport Beach, CA 92660
949-287-0566
Orange County Business Banking
Bank of America, N.A. CA6-814-10-01
520 Newport Center Dr., Suite 1000 ,
Newport Beach, CA 92660
Member FDIC
Packet Page. 778
18 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039

FIRM EXPERIENCE
IDS Group, Inc. (IDS) is a multidisciplinary design firm with roots spanning over 65 years. Our longevity comes from integrating all specialized divisions under one roof giving our clients a premium customer experience by creating a “one-stop-shop” of design professionals. Not only does “IDS” stands for Integrated Design Services, our 85-plus staff brings a mixture of innate curiosity, technical expertise, building and infrastructure experience to all projects, applying these skills to each project’s unique circumstances, and creating project success.

IDS has offices in Corona, Los Angeles, Pasadena, Irvine, and Encinitas, California, ensuring local knowledge and providing our clients with quick response times. As a multidisciplinary engineering and architectural firm, IDS has the practical knowledge, insight, and resources to offer our clients comprehensive services and specialized solutions.

Our corporate infrastructure creates optimum utilization of resources for our staff, maximizing service efficiency. IDS is committed to project excellence, providing turnkey design solutions to the building and infrastructure industries. As an award-wining professional engineering/ architectural consulting firm specializing in the design and renovation, evaluation and assessment, and construction administration for a wide range of clients and facilities.
“IDS” stands for Integrated Design Services, as our service delivery model.

We bring a focused understanding of engineering and architectural a broad range of planning, design, and construction services to public agencies with an inherent curiosity, sound technical expertise, where we apply this knowledge to each project’s unique set of circumstances.

Relevant Service Areas
Building Assessments
Alterations & Modifications
ADA Compliance Studies & Design
Existing Facility Assessments (including
seismic)
Forensic Investigations
Fire& Life Safety Assessment & Design
Code Review, Space Planning
Remodeling, Repair of Damaged &
Deteriorated Structures
Expansions & Additions to Existing
Facilities
Building Electrical Systems
Building Management Systems (BMS)
Fire and Life Safety Systems
HVAC
Exhaust & Ventilation Systems
System Design & Engineering
Systems Evaluation & Operation
Verification
Heating a& Cooling Load Analysis
Building Stormwater Recovery
Complete Plumbing Systems Design
Existing Plumbing System Analysis

6. EXPERIENCE &

TECHNICAL COMPETENCE
Packet Page. 779

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 19

EXPERIENCE PROVIDING ARCHITECTURAL DESIGN SERVICES
One clear benefit that IDS offers our clients is our in-house interdisciplinary diversified staff that delivers the expertise of seasoned architects and engineers. IDS seamlessly integrates architectural design services with in-house design professionals who specialize in landscape architecture, structural, civil, mechanical, electrical, and plumbing engineering, as well as cost estimating to provide a well-rounded balance of design capabilities for our clients as a value-added service.

Our award-winning Architectural provides architecture, design, planning, programming, project management and renovation services to public and private clients throughout California. Our architectural services involve building assessments, alterations, and modifications, accessibility studies, ADA compliance studies and design, fire and life safety assessment and design, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and additions to existing facilities. The project experience of IDS staff encompasses new construction, renovation, readaptation, and tenant improvements to a variety of building types.

With staff of over twenty Architects, our award-winning architecture division provides architecture, design, planning, programming, project management and renovation services to public and private clients throughout California.

We have a specialized experience managing small and medium-scale projects, with particular proficiency in:
• Interacting with project stakeholders
• Conducting facility needs assessments & master plans
• Providing planning phase duties
• Preparing schematic designs, design development documents, and construction documents
• Developing construction cost estimates
Our architectural team will assure the City of Fountain Valley an approach that is industry leading, practical, responsive, and affordable. They work closely with our in-house engineering divisions to ensure the ultimate in design coordination. From the initial project programming and preliminary design concept to completion of construction, our work reflects innovative approaches to solving even the most complex space and design problems.

Repair and Rehabilitation of Structures
IDS has successfully completed repair and rehabilitation design for many structures, including buildings and parking structures. We have performed numerous evaluations and studies of existing facilities and have produced reports, rehabilitation documents and cost analyses for many projects.

Forensic Investigation and Assessment Experience
IDS has a strong expertise in the engineering and architectural assessment of buildings in California. We are especially experienced in conducting site investigation and testing to determine existing properties and construction details, assessing deterioration and defects, and providing appropriate remediation.

Packet Page. 780

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 20

REFERENCES
City of Santa Ana Downtown Parking Lot Structures Improvements The IDS team is working with the City providing A/E services for the Improvements at Fiesta, Garage C and Garage D Parking Structures.

Contact: Michelle Cabañas, Assistant Engineer
Phone: 714-647-3560 | Email: [email protected] | Project Dates: 3/2025 - Ongoing City of Laguna Beach, Glenneyre Street Parking Structure Rehabilitation The IDS team is working with the City providing A/E services for the Upgrades and Improvements of Glenneyre Parking Structure
Contact: Mr. Thomas Perez, Capital Program Manage
Phone: 949.464.6688 | Email: [email protected] | Project Dates: 8/2021 - Ongoing City of Montebello Bus Transportation Facility Parking Structure Seismic Assessment IDS Group worked with the City to provide seismic assessment per ASCE 41-17 and options for structural seismic retrofits and repairs, including a rough order of magnitude (ROM) cost estimate.

Contact: John Sorio, Director of Transportation
Phone: 323.558.1625 x1315 | Email: [email protected] Project Dates: 7/2025 - Ongoing
John Wayne Airport Parking Structure C
Packet Page. 781

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 21

LOCAL EXPERIENCE & KNOWLEDGE OF THE CITY
IDS Group works with numerous large public agencies and private clients who continuously seek our assistance in architectural and engineer consulting services throughout Southern California. IDS has been providing architectural and engineering services for over 23 years, and we have worked on projects ranging upward to $8,000,000 in a single project fee and $1 billion in a single project construction cost. A large portion of our work is from repeated clients, familiar with our combined staff and services. The IDS team understands the issues impacting local government and we are well-versed in the nuances of traditional public and alternative capital delivery methods. Additionally, our experts understand that the future prosperity of municipalities and their constituencies will be shaped, in part, by leadership’s ability to demonstrate that high quality service can be provided in a cost-effective manner.

Our clients’ partner with IDS because we focus on procurement, implementation and programming choices that capture the full potential of projects to stakeholders. The IDS team has experience representing and advising public agencies and supporting private bid teams on complex social infrastructure developments. With IDS, our clients receive the right compliment of commercial, financial, and technical skills, from a group with a deep understanding of various policy implications.

IDS has a longstanding relationship with the City of San Bernardino over the years, most recently, upgrades at Speicher Park. We currently hold several on-call contracts with the County of San Bernardino and has multiple projects completed and in process. IDS has worked with the City on previous repair projects of the San Bernardino City Hall Parking Structure giving us intimate knowledge of the possible challenges and constraints the City may encounter on this rehabilitation and improvement effort.

PARKING STRUCTURE EXPERIENCE
IDS has extensive experience working with public agencies providing best practices for parking structure. Below is a partial listing of our most recent parking structures:
• City of San Bernardino Parking Structure Repairs
• City of Riverside Parking Structures (#1 and #2)
• City of Santa Monica Analysis of 10 Parking
Structures
• County of Los Angeles, East Los Angeles Superior
Court Parking Structure
• County of Los Angeles & University of Southern
California Lot 12 Parking Structure
• County of Los Angeles, Performing Arts Center
Parking Structure Waterproofing Assessment &
Design
• City of Santa Ana Downtown Parking Structures
Repairs
• City of Laguna Beach, Glenneyre Street Parking
Structure Rehabilitation
• City of Manhattan Beach, Parking Structures 2, 3 &
4 Evaluation & Repair
• City of Cerritos Underground Parking Structure
• City of Orange Chapman University Parking
Structure
• Glendale Plaza Parking Structure
• California State University Fullerton, Student
Housing Parking Structure
• California State University San Diego, Parking
Structures #1, #2, #3 & #6
• California State University Los Angeles, Public Safety Building and Parking Structure
• Disney Concert Hall Parking Structure
• El Camino College Parking Structure “F” Repair &
Upgrade
• Hoag Hospital Parking Structure
• John Wayne Airport Parking Structure
• Lake Arrowhead Village Parking Structure
• Metropolitan West Parking Structure
• Mission Viejo Parking Structure
• Pacific Corporation Parking Structure
• Primadonna Casino Parking Structure
• Riverside Community Hospital Parking Structure
• Second Street Tower and Parking Structure
• Glendale Galleria Parking Structure Seismic Retrofit
• Westside Parking Structure Seismic Retrofit
Packet Page. 782
22 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
City of Santa Ana Downtown Parking Lot Structures Improvements Brief Description
The City of Santa Ana has three City owned parking structures that have been in operation since being built in the 1980s, and are in need of modernization, including upgrading signage, lighting, parking and identifying and repairing any structural deficiencies.

IDS is working with the City providing A/E services for the Fiesta, Garage C and Garage D Parking Structures to address the following issues at each site:
• Assess current lighting fixtures
and their efficiency and provide
recommendations/improvements
• Signage Upgrades
• Parking Stall Enhancements
• Remove unused fire hose boxes.
• Re-stripe parking lanes and add
“compact” sign for smaller spaces.
• Painting and patching to exterior and
interior
• Removal or repair pedestrian doors.
• CASP report
• Low cost landscape improvements
• As-built plans of all the parking
structures.

Additional issues addressed at the Fiesta Parking Structure include: Additional issues addressed at the Parking Structure ‘D’ include:
• Improve neon ‘Downtown Santa
Ana” light fixture
• Exterior interior concrete patching
• Stair improvements
• Removal of unused planters, cabling
& fencing
• Install lighting for future murals
• Elevator evaluation & modernization
• Installation of missing tension cables
outside of exterior rails
• Install lighting for future murals
• Elevator evaluation & repair
Role of Firm/Services Duration Project Values Project Team Members • Architectural Planning and Design
• Structural, mechanical, & electrical
engineering
• Zoning, planning & building approvals,
permits, and other entitlements
• Construction cost estimating
• Construction support
Start Date: 3/2025
Completion Date: Ongoing
Project Value: $1.25 M
Contract Value: $157,587
Said Hilmy, PhD, PE, SE | Principal In Charge
John Silber, RA | Principal Architect
Quentin Montrie | Design Manager
Steven Uthoff, PE, SE | Structural Engineer
Adrian Anderson, PE | Civil Engineer
Silman Ruiz, PE | Civil Engineer
Kristen Gros, PLA, ASLA | Landscape Architect
Fasial Dakhil | Preconstruction/Cost Estimation
Sheldon Jackson | Preconstruction
Reference
City of Santa Ana
Michelle Cabañas, Assistant Engineer
City of Santa Ana |Public Works Agency
20 Civic Center Plaza Santa Ana, CA 92702
P:714-647-3560 E: [email protected]
Packet Page. 783
23 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
City of Laguna Beach, Glenneyre Street Parking
Structure Rehabilitation
Brief Description
IDS designed and produced construction drawings for corrosion repairs to a two story post-tensioned concrete parking structure two blocks from the Pacific Ocean. Damages include repairs for corroded post-tensioning tendons, brick veneer falling hazards, roof planter water intrusion repairs, concrete spall and crack repairs, and specifications and details for a new polyurethane traffic coasting to mitigate the risk of future water intrusion. Helical anchor piles were designed to underpin and arrest the differential settlement occurring between the stair towers (on shallow spread footing foundations over 50-foot of native soils) with respect to the parking structure that is on deep drilled pier foundations into the bedrock. Due to the slope of Glenneyre Street, the vehicle entrances into the ground and roof levels are direct from Glenneyre without ramping.

Around the perimeter several large planters with old growth trees also are contributing to the corrosion of the roof slab and retaining walls.

Several previous structural retrofits were made including one additional shear wall and column replacements due to excessive corrosion damage.

Role of Firm Duration
• Architectural Planning and Design
• Alternatives analysis
• Preparation and presentation of
models, renderings, and photo
simulations
• Structural, mechanical, & electrical
engineering
• Zoning, planning & building
approvals, permits, and other
entitlements
• Construction cost estimating
• Construction support
8/2021 - Ongoing
Project Values
Project Value:$1.9 Million
Contract Value: $152,138
Reference
City of Laguna Beach
Mr. Thomas Perez, Capital Program
Manager
Phone: 949.464.6688
Email: [email protected]
Project Team Members
Said Hilmy, PhD, PE, SE | Principal In Charge
John Silber, AIA | Principal Architect
Steven Uthoff, PE, SE | Structural Engineer
Fasial Dakhil | Preconstruction/Cost Estimation
Sheldon Jackson | Preconstruction/Cost Estimation
Packet Page. 784
24 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
City of Montebello Bus Transportation Facility Parking Structure Seismic Assessment Brief Description
The Transportation Parking Structure is a one-story, a 30-year-old concrete parking structure, with post-tensioned beams, and reinforced concrete columns and walls, and shallow foundations. The City buses are parked on the top deck with a portion of the facility being subterranean.

The City of Montebello is implementing a state-mandated zero emission fleet rollout plan, with Hydrogen operated buses being preferred by the City over Battery Electrically operated buses. As part of the plan the City is considering placing a hydrogen fueling station with a large Hydrogen tank over the parking deck, with a weight exceeding 50 tons.

After meeting to discuss the structural implications related to placing the fueling station on the parking structure, the City decided that a condition assessment of the structural integrity needed to be performed to examine the effort needed to bring the structure to code, if any.

IDS Group worked with the City to provide seismic assessment per ASCE 41-17 and options for structural seismic retrofits and repairs, including a rough order of magnitude (ROM) cost estimate.

Role of Firm/Services Duration Project Values
• Structural Engineering
• Alternatives analysis
• Preparation and presentation of
models, renderings, and photo
simulations
• Construction cost estimating
Start Date: 7/2025
Completion Date: Ongoing
Project Value: est. $900,000
Contract Value: $14,912
Reference Project Team Members
City of Montebello
420 South Taylor Avenue, Montebello, CA 90640
John Sorio, Director of Transportation
P: 323.558.1625 x1315 E: [email protected]
Said Hilmy, PhD, PE, SE | Principal In Charge
Steven Uthoff, PE, SE | Structural Engineer
Fasial Dakhil | Preconstruction/Cost Estimation
Packet Page. 785

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 25

TECHNICAL COMPETENCE
One clear benefit that IDS offers our clients is our in-house interdisciplinary diversified staff that delivers the expertise of seasoned engineers and architects. IDS seamlessly integrates our civil engineering design services with in-house design professionals who specialize in architecture, landscape architecture, structural, mechanical, electrical, and plumbing engineering, as well as cost estimating to provide a well-rounded balance of design capabilities for our clients as a value-added service.

IDS provides a dedicatedLandscape Architecture team that specializes in building healthy places for communities through the practices of landscape architecture and ecological restoration. The team focuses on the relationship between land and people where we are only as healthy as our surroundings. The majority of the team’s work lies in municipalities, counties and other California agencies working closely with clients and stakeholder groups to design and build healthy communities and improve quality of life. The projects designed draw from natural and cultural histories of the land and improve the natural ecological systems. Specialized expertise includes historic preservation, adaptive re-use, cultural landscapes, cultural and natural history interpretation, ecological restoration, sustainable design, drought tolerant planting, low water irrigation systems, and context-integrated design.

Our Structural Engineering division is a recognized leader in the design, assessment, review, and seismic retrofit of buildings and site improvements. The depth of our work includes the design of new buildings utilizing steel, concrete, and masonry, the assessment and retrofit of numerous buildings of all sizes, the evaluation, and repair of distressed structures, peer and plan review, constructability review, and forensic engineering. Our team has been honored by the Structural Engineers Association of Southern California (SEAOSC) awards for innovative and outstanding design.

Our Mechanical/Plumbing Engineering division is comprised of professional engineers and designers who are experts in the fields of heating, ventilating, air conditioning, plumbing, piping, and fire protection. We have provided design services for HVAC, plumbing, and fire protection systems for countless public projects and facilities including some of the largest parking structures in California. These projects encompass new construction, retrofit, modernization, and expansions of facilities.

Our Electrical Engineering division has extensive experience in a wide variety of projects and in the preparation of engineering studies and analyses, reviewing plans, drawings, and specifications for new construction projects for electrical code compliance, conducting electrical power consumption studies and field investigations, and providing construction cost estimates, concept studies and reports, and postconstruction support for electrical engineering projects. We also have extensive electrical project experience involving electrical power consumption studies and field investigations; the review of plans, drawings, and specifications of new construction projects for electrical code compliance and delivering post-construction support; construction cost estimates for electrical wiring infrastructures; and drafting concept studies and reports.

City of Santa Ana,
Parking Structure Upgrades
City of Santa Ana,
Parking Structure Lighting
Upgrades
County of Los Angeles & USC
Medical Center Lot 12 Parking
Structure Assessment
Packet Page. 786

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 26
The IDS Civil Engineering division offers a wide array of expertise and experience, specializing in providing planning and entitlement, civil engineering, surveying and mapping, construction survey, LEED, sustainable design, construction administration, and drainage and storm water pollution treatment.

Our in-house Cost Estimation Services are provided by experienced cost estimators, supporting both new construction and complex renovation projects supplying extensive knowledge for a variety of tenant improvement types. Utilizing the latest in cost control methods, IDS ensures clients’ projects are well planned and expertly executed.

In the delivery of its cost services, IDS provides reliable, accurate estimates while meeting its client’s most critical deadlines.

ADA Access Compliance
Our expert ADA (Americans with Disabilities Act) and CASp compliance team offers detailed Path of Travel (PoT) facility surveys and preparation of Transitional Plans, plan reviews, training, and product consulting on a regular basis to local government, federal, and state clients, healthcare facilities, large corporations.

Sustainable Design
The firm’s project approach begins with a complete assessment of project requirements to achieve a LEED certification or provide a sustainable design without certification. To meet the project requirements our team will investigate all sustainability options including photovoltaic solar system, commercial and residential fuel cell systems, geothermal ground source heat pump systems, low energy LED lighting products, water conservation design solutions, day lighting harvesting, low-flow plumbing fixtures and high SEER air conditioning equipment.

Bidding and Construction Administration Support
IDS has significant experience with providing practical, cost effective, fast/efficient solutions and high-quality construction documents and drawings and significant experience in construction support and on-site construction administration services for public projects. IDS will draw from our “Lessons Learned” gained through our extensive history of involvement with civic projects. We know firsthand that our ability to adapt to the challenging daily demands of the City’s operation is essential to meeting the goals of the project. As an example, during the pandemic, IDS worked with several clients, conducting Zoom meetings, Bluebeam QA sessions, and continued communications via email and phone. Utilizing this valuable knowledge, IDS has employed new measures to ensure your objectives and goals are efficiently achieved and our team adheres to milestone schedules for successful project completion.

Building Information Modeling (BIM)
Building on decades of hands-on experience in Building Information Modeling (BIM), IDS is committed to creating value for our clients through innovative and fully integrated design solutions. IDS’ BIM platform helps our multi-discipline design and construction teams improve project efficiency by optimizing performance and response-time of visualizations and simulations to create unprecedented data rich models. Our clients are experiencing the benefits of BIM that extend long past the completion of a project, including improved constructability, better-performing buildings and more efficient project delivery as well as construction cost savings, schedule compression and energy reductions.

El Camino College Parking Structure Upgrades
Packet Page. 787
27 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
IDS Group understands that the scope of the Project is focused on essential rehabilitation and improvements to the existing 5-level City Hall Parking Structure. The project aims to address long-deferred maintenance concerns, extend the life of the structure, and establish a safe, accessible, and visually improved environment for users.

These improvements are also intended to support City operations, enhance downtown mobility, and align with broader revitalization goals.

The work to be completed includes:
• Structural concrete repair
• Interior and exterior painting
• Expansion joint replacement
• ADA upgrades and new ramps
• Drainage improvements (trench drains, floor drains,
roof drains, curbs)
• Storm drainage system filtration complying with
NPDES and MS4 permit Requirements
• (Internal & External) Vandal-proof lighting and
electrical upgrades (fixtures, conduit management,
signboard lighting)
• Roof level epoxy resurfacing and waterproof
coatings
• Painting and finishing (ceilings, columns, handrails, signage, striping)
• Signage system modernization (wayfinding and ADA
signage)
• Fire and life safety improvements (FHCs, pipes,
emergency lighting)
• Staircase and elevator interior upgrades
• Vandal-proofing CCTV system, particularly at
elevators, parking entrances and exits, and
additional needed areas
• EV charging stations establishment in designated
areas
• Landscaping and architectural enhancements on the
exterior
• Anti-vandalism solutions for exposed elements (e.g.,
FHCs, drain grates, door hardware)
We understand that, together with the City Engineer, IDS will conduct outreach to all tenants of the parking structure, verifying parking stall designations based on tenant needs and existing agreements. This information may be required to establish the appropriate floor locations, number of stalls, exact stall positions, and required stall markings or stampings. The final striping layout will be submitted for City Engineer review and approval.

The project budget for design and construction is $1M. Funding of the project includes City ARPA dollars, and the timely execution of both the design and construction phases is critical to meet the fiscal deadlines associated with Federal ARPA funding.

7. PROPOSED METHOD TO

ACCOMPLISH THE WORK
Packet Page. 788

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 28

WORKPLAN
IDS understands that the most valuable service that we can provide is to generate clear and quantified sets of information for review, in a timely manner, to enable timely decisions by project stakeholders.

The following work plan and project schedule are based on our understanding of the information provided in the Request for Proposal and will provide complete design services and construction documentation for the City Hall Parking Structure.

Our preliminary project schedule adheres to the timeline requested by the City and our team is prepared to work with the City, if needed to accelerate the project delivery, including reduction of external review periods, the reduction of task durations, or overlapping review periods with subsequent tasks.

IDS will provide an updated project schedule within one week of the City’s Notice to Proceed and will submit an updated schedule monthly.

The schedule will include:
• Design tasks and project timing from start to submittal of final PS&E • Two (2) City plan reviews plus a Final Review, for each plan set • Each review will be estimated to take three (3) weeks for scheduling purposes Community Engagement
• Prepare presentation materials
• Attend a community meeting with residents, elected officials, and concerned citizens to introduce the project.
• Incorporate comments from the community meeting into the design.

Throughout the design phase of the project, IDS will share any comments or suggestions that we believe is necessary to improve the project or its completion while in compliance with the requirements outlined in the RFP.

Consistency of Project Scope to Project Budget
The RFP enumerates the elements of the project in detail. It is unknown whether this enumeration of elements and the project budget align. IDS will provide the Concept Design ROM Cost Estimate, and if at that time estimated costs exceed the available budget, IDS understands that the City will elect to either:
• Reduce the scope of the project to align with the budget, or • Increase both the construction and design budget to align with the scope of the project.

TASK 1 - CONCEPTUAL DESIGN
Within Week 1 of Receiving the Notice to Proceed, IDS will Submit • A proposed Kick-off Meeting Agenda.
• The updated project schedule.
• Our request for the available Parking Structure Record Documents.

Kick-off Meeting, including
• IDS project team attendance (virtual).
• Introductions and review of roles.
• Review the project scope and updated schedule.
• Review the plan for Field/Site Visit Meeting, Field Investigation, and Assessments tasks.

Packet Page. 789

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 29
deliverables
•Project Schedule inc. updates/
Meeting Minutes.
•Basis of Design (BOD) and Concept
Design Deliverable.
•Documentation of City’s Concept
Design going forward guidance.

Site Investigation and Assessments
• Conduct utility research (if needed) within the limits of the proposed improvements.
• Identify the location and depth of all existing utilities (water, storm drainage, old and new CCTV-electrical light conduits and wiring locations, and whatever utilities are needed for the design). • Assessment of required repairs.
• Assessment of potential Haz-Mat Building Materials that may be encountered in course of making the planned improvements.

Basis of Design (BOD), Program Level Rough Order of Magnitude (ROM) Cost Estimate, Concept Design Deliverable
• Update the project objectives based on Field Investigation and Assessments.
• Include Field Investigation mark-ups on record drawings and/or base plans.
• Submit the Concept Design Deliverable including Design Drawings, BOD and ROM Cost Estimate.
• Include 2 options where a design element warrants options.

Review Concept Design Deliverable with the City for going forward design guidance
• Submit the BOD and Concept Design Deliverable in Bluebeam Revu file format.
• Page-turn review meeting (virtual) with the City.
• Provide meeting documentation of City going forward guidance including within the Bluebeam Revu file.

TASK 2 - CONSTRUCTION DESIGN
Based on the City’s Concept Design, going forward, guidance IDS will prepare and submit for City review the Construction Plans, Specifications, and Engineer’s Estimate (PS&E).
60% PS&E
• Submit 60% PS&E
• Bluebeam Revu (PDF) file format, Word, Excel, and AutoCAD file formats and 2 sets hard copy 24x36
• Page-turn Meeting (virtual)
90% PS&E
• Submit 90% PS&E
• Bluebeam Revu (PDF) file format, Word, Excel, and AutoCAD file formats and 2 sets hard copy 24x36
• Page-turn Meeting (virtual)
• Pick up City comments on the drawings prior to Building Permit Application.

Packet Page. 790

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 30
deliverables
•Project Schedule (updated)
•Meeting Minutes
•60% PS&E
•90% PS&E
•Permit Ready to Issue Plans
•Final PS&E
Plan Review and Final PS&E
• Submit plans and supporting calculations for Building Permit. • Complete plan review process to “permit ready to issue” (PRI) status. • Submit Final PS&E
ͳ Final design plans - one set (signed and sealed by the IDS design team) on Mylar (24” x 36” x 0.007 weight), 8 sets of hard copies/ prints of signed and sealed plans, and AutoCAD file format (2 CDs) ͳ Final Special Provisions—Word, Excel and PDF files
ͳ Final Engineers Estimate- Excel format for Engineers Estimate and final quantity calculations, Word for other report.

TASK 3 - BID & CONSTRUCTION SUPPORT
IDS will provide design support to the project throughout the Bid and Construction Phase.

Meetings
• Pre-Bid Meeting
• Pre-Construction Meeting
• 2 Progress Meetings on Site
• 6 Virtual Meetings
ͳ 2 Punch List Job Walks
ͳ 1 to create the list, one to confirm correct completion Submittal and RFI Review
• Initial review and one resubmittal review if required • Request for Information responses
ͳ 40 RFI’s assumed
Record Drawings
• Record Drawing Set as transfer of contractor’s field redline as built to IDS file.
deliverables
•Submittals
•40 RFI’s
•Punchlist, initial, and close out
•Record Drawings

ASSUMPTIONS
• Building materials testing to be by other than IDS or provided as an additional service. • IDS will locate CCTV cameras on plans based on City guidance and provide performance specification for Contractor Design-Build procurement.
• EV charging stations design assumes the existing electrical service supports the electrical demand created; if an upgrade of the electrical system is required design provided as an additional service. • Landscape design assumes localized planting replacement and that this will not require design for irrigation system improvements.

Packet Page. 791
CITY OF SAN BERNARDINO 31 Professional Design Engineering Services CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
ID Task Name Duration Start Finish
1 PS&E Phase Services 123 days Mon 2/2/26 Wed 7/22/26
2 Task 1: Conceptual Design (60%) Phase 35 days Mon 2/2/26 Fri 3/20/26 3 Design Kick-off Meeting w/ City 1 day Mon 2/2/26 Mon 2/2/26 4 Perform Site & Building Investigation incl. Hazmat Survey 5 days Tue 2/3/26 Mon 2/9/26 5 Perform Site Survey & Utility Mapping 3 days Tue 2/10/26 Thu 2/12/26 6 Create As-built Model & Building/Site Assessment 5 days Fri 2/13/26 Thu 2/19/26 7 Develop Concept Plans, Sections, Elevations 15 days Fri 2/20/26 Thu 3/12/26 8 Develop Demolition Plans 5 days Mon 3/2/26 Fri 3/6/26 9 Conduct Code Analysis & Identify required Engineering Modifications 5 days Mon 3/2/26 Fri 3/6/26 10 Draft 60% (outline) Specification 3 days Mon 3/9/26 Wed 3/11/26 11 60% ROM Construction Cost Estimate / viable cost-effective solutions 2 days Fri 3/13/26 Mon 3/16/26 12 Submission of (60%) Concept Design Package incl. Visuals 0 days Fri 3/20/26 Fri 3/20/26 13 City Review of (60%) Concept Documents (3 Weeks) 15 days Mon 3/23/26 Fri 4/10/26 14 Task 2: Construction Design Phase 70 days Mon 4/13/26 Fri 7/17/26 15 Prepare & Coordinate 90% CDs 35 days Mon 4/13/26 Fri 5/29/26 16 Develop 90% Specifications 10 days Thu 5/21/26 Wed 6/3/26 17 Construction Cost Estimate Update 4 days Thu 6/4/26 Tue 6/9/26 18 Submission of 90% Construction Documents incl. Visuals 0 days Tue 6/9/26 Tue 6/9/26 19 City review of 90% CD Documents (3 Weeks) 15 days Wed 6/10/26 Tue 6/30/26 20 Prepare & Coordinate Final CD's for City 5 days Wed 7/1/26 Tue 7/7/26 21 Final Specifications 5 days Wed 7/1/26 Tue 7/7/26
22 Final Construction Cost Estimate 5 days Mon 7/13/26 Fri 7/17/26 23 Submission of Final CD Package 0 days Wed 7/22/26 Wed 7/22/26 24 City review of Final CD Documents (3 Weeks) 15 days Thu 7/23/26 Wed 8/12/26 25 Agencies Submittal & Approval (6 Weeks) 30 days Thu 8/13/26 Wed 9/23/26 26 Permit Issuance 0 days Wed 9/23/26 Wed 9/23/26
27 Task 3: Bidding and ConstructionSupport Phase 87 days Thu 9/24/26 Fri 1/22/27 28 Bid Assistance, Q&A, Review & Recommendations 20 days Thu 9/24/26 Wed 10/21/26 29 Bid Award 0 days Wed 10/21/26 Wed 10/21/26
30 Construction Period 67 days Thu 10/22/26 Fri 1/22/27 31 Punch Walk, DSA Closeout Submittal, and As-built Drawing Preparation 11 days Fri 1/8/27 Fri 1/22/27 32 Project Completion 0 days Fri 1/22/27 Fri 1/22/27
PS&E Phase Services
Task 1: Conceptual Design (60%) Phase
Design Kick-off Meeting w/ City
Perform Site & Building Investigation incl. Hazmat Survey Perform Site Survey & Utility Mapping
Create As-built Model & Building/Site Assessment
Develop Concept Plans, Sections, Elevations
Develop Demolition Plans
Conduct Code Analysis & Identify required Engineering Modifications Draft 60% (outline) Specification
60% ROM Construction Cost Estimate / viable cost-effective solutions Submission of (60%) Concept Design Package incl. Visuals 3/20 City Review of (60%) Concept Documents (3 Weeks)
Task 2: Construction Design Phase
Prepare & Coordinate 90% CDs
Develop 90% Specifications
Construction Cost Estimate Update
Submission of 90% Construction Documents incl. Visuals 6/9 City review of 90% CD Documents (3 Weeks)
Prepare & Coordinate Final CD's for City
Final Specifications
Final Construction Cost Estimate
Submission of Final CD Package 7/22
City review of Final CD Documents (3 Weeks)
Agencies Submittal & Approval (6 Weeks)
Permit Issuance 9/23
Task 3: Bidding and ConstructionSupport Phase
Bid Assistance, Q&A, Review & Recommendations
Bid Award 10/21
Construction Period
Punch Walk, DSA Closeout Submittal, and As-built Drawing Preparation 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 Feb '26 Mar '26 Apr '26 May '26 Jun '26 Jul '26 Aug '26 Sep '26 Oct '26 Nov '26 2026
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
10/20/2025 PROJECT SCHEDULE

CITY OF SAN BERNARDINO

CITY HALL PARKING STRUCTURE
IDS Group, Inc.
1 /1
Packet Page. 792

CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039 32
Providing Deliverables Free of Errors
Specific to the City, our team will review projects at every stage of submittal for quality assurance. We have designated QA/QC senior architects and engineers who along with our designated Project Manager will review documents before they are submitted to the City.

Our program requires all engineering work be reviewed by an experienced Quality Assurance/Quality Control (QA/QC) Manager(s). The main objective of this program is to satisfy the City’s expectations for quality work from our design team and to limit the exposure of the City to problems that may arise during construction. The QA/QC Manager(s) will be in continuous contact with our Project Manager throughout the progress of the project.

Our practice stresses response to project requirements, adherence to applicable codes and regulations, developing work products consistent with standards prevailing in the profession, and producing reports conforming to our established in‐house standards. Throughout the course of the project, our Project Manager will be in continuous contact with our team members to ensure efficient use of the capabilities of the entire team. He will interact frequently with the City’s core group to ensure that we understand the requirements and preferences and to assure adherence to the project schedules and deliverables in a timely manner.

As a testimony to our audited Q/A Q/C procedures, IDS Group accomplished ISO 9001 Certification.

IDS QA/QC program manual based on ISO 9001 standard as applicable to A/E services:

1. Define the scope of work.

2. Determine processes to achieve the deliverables.

3. Perform the work.

4. Check (QC) the work.

5. Confirm the work is updated per checker(s).

6. Document the process.

Packet Page. 793
33 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039
IDS has provided our fee proposal separately per the RFP.

8. FEE PROPOSAL
Packet Page. 794
34 CITY OF SAN BERNARDINO
Professional Design Engineering Services
CITY HALL PARKING STRUCTURE (5 Level)
RFP No. F-25-1039

9. INSURANCE