Mayor and City Council
July 15, 2026

CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS
RFP F-26-1051

ON-CALL PROFESSIONAL ENGINEERING AND PLAN CHECK SERVICES FOR

LAND DEVELOPMENT

Published:

March 23, 2026

CITY OF SAN BERNARDINO
Vanir Tower
290 North D Street
San Bernardino, California 92401

TABLE OF CONTENTS

TABLE OF CONTENTS ................................................................................................................... 2 NOTICE INVITING PROPOSALS ..................................................................................................... 3 I. BACKGROUND AND INTRODUCTION .................................................................................... 5 II. REQUEST FOR PROPOSALS .................................................................................................. 5 A. Scope of Services ............................................................................................................. 5 B. City Contact for this RFP ................................................................................................... 6 C. Requests for Clarification ................................................................................................. 6 D. Pre-Proposal Meeting ....................................................................................................... 7 E. Content and Format of Proposal ....................................................................................... 7 F. No Deviations from the RFP ............................................................................................ 10 G. Selection Process ........................................................................................................... 11 H. Protests ......................................................................................................................... 12 I. Proposal Schedule ......................................................................................................... 13 J. Submittal Requirements ................................................................................................. 13 K. General Conditions ........................................................................................................ 15 EXHIBIT A ................................................................................................................................... 18 PROPOSAL CHECKLIST .............................................................................................................. 29 CERTIFICATION OF PROPOSAL ................................................................................................... 30 VENDOR QUOTE FORM .............................................................................................................. 31 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS ............................................................. 32 EXHIBIT B ................................................................................................................................... 33

CITY OF SAN BERNARDINO

NOTICE INVITING PROPOSALS
RFP F-26-1051

ON-CALL PROFESSIONAL ENGINEERING AND PLAN CHECK SERVICES FOR

LAND DEVELOPMENT

PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“Planetbids”) before 3:00 PM, April 20, 2026. Proposals may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Proposals received through any means other than Planetbids will be returned to the Vendor unopened.

The City is requesting proposals to provide:

The City of San Bernardino Public Works Department is requesting proposals from qualified and experienced engineering consulting firms to provide on-call engineering plan check, development engineering review, and related technical services in support of the City’s development review process. These services will assist the City in reviewing engineering plans, studies, and related documents associated with private development to ensure compliance with City standards, applicable regulations, and accepted engineering practices.

The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Publish Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. I f the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contr act, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded

pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, https://www.sbcity.org. All addenda will be published on the City’s website.

For more information regarding the RFP , please contact:

City of San Bernardino, Purchasing Division
[email protected]

[END OF NOTICE OF INVITING PROPOSALS]

CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

RFP F-26-1051

ON-CALL PROFESSIONAL ENGINEERING AND PLAN CHECK SERVICES FOR

LAND DEVELOPMENT

I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms (“Proposers”) for

ON-CALL PROFESSIONAL ENGINEERING AND PLAN CHECK SERVICES FOR LAND DEVELOPMENT services (“Services”).

The City is a historically rich and culturally diverse city in southern California, serving as the county seat of San Bernardino County in the inland empire region. The city is situated at the base of the San Bernardino Mountains and is the largest city in the County of San Bernardino with a population of over 213,000 residents. In addition, the city covers approximately 40,000acres of land which are separated into seven different wards. The Land Development Division participates in the development process by establishing improvement requirements for new development, including site grading and drainage and related off -site improvements within the public right -of- way. The division checks subdivisions, parcel maps, and records of survey for conformance with the Subdivision Map Act.

To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

Due to the City’s large and diverse population, the land development division receives a high volume of development plans and permit applications on an ongoing basis. This level of activity places a significant demand on plan reviews, coordination, and app roval process. To maintain timely services and avoid project delays, the City requires qualified plan checkers. Additional staffing will allow the city to efficiently manage workload fluctuations, uphold public safety, and support continued development wit hout compromising review accuracy or municipal code oversight.

II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference.

Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Services Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

1. Public Works Prevailing Wage and Contractor Registration (if applicable)

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must b e paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. I f the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work.

If awarded a contr act, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Depart ment of Industrial Relations.

B. City Contact for this RFP
The principal contact for the City regarding this RFP will be the Purchasing Division, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical, must be requested in writing and submitted exclusively through the PlanetBids system. Questions submitted by any other method, including email or phone, will not be accepted or considered. Questions must be submitted via the PlanetBids portal.

All written questions, if answered, will be issued to all prospective proposers via notification through PlanetBids. Oral statements regarding this RFP by any person should be considered unverified information unless confirmed in writing. To ensure a response, questions must be submitted through PlanetBids before 3:00 PM local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information, and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting Click or tap here to enter text.

Each Proposer is requested to attend a MANDATORY pre-proposal meeting to be held on March 30th, 2026 , from 10 AM to 11 AM at 201B North E Street 2nd Floor Public Works Department. Failure to attend this meeting WILL preclude a Proposer from submitting a proposal. Attendance at the pre-proposal meeting will ensure the Proposer understands the full scope of the services requested.

E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic proposal submitted to Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below. Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents

3. Identification of Proposer
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.

b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

5. Fiscal Stability:
a. The Proposer should provide evidence of corporate stability including:
(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of credit; and
(iii) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure.

6. Experience and Technical Competence:
a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP .
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e -mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.

b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing

(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.

c. Technical Competence
(i) Description of in -house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi -disciplinary staff to address the Services requested in this RFP .

7. Proposed Method to Accomplish the Work : Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

8. Fee Proposal: Please provide a fee proposal for the scope of Services.

The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”).

9. Insurance: See the Agreement, attached hereto as Exhibit “B” , for a description of the insurance requirements
.

10. Litigation: Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information: This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the City. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP .”

13. Appendices
F. No Deviations from the RFP
In submitting a proposal in response to this RFP , Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be re ason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.

[CONTINUES ON FOLLOWING PAGE]

G. Selection Process

1. The City will evaluate proposals based on the following criteria:

CRITERIA

WEIGHT (%)
a. The Proposer is properly licensed to practice in the State of California. (Pass/Fail)

Pass/Fail
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City. (Pass/Fail)

Pass/Fail
c. Clarity and conformance of proposal to the RFP.

10 %
d. Content of the proposal.

25 %
e. Proposer’s experience and performance.

20 %
f. Team members’ experience and performance.

15 %
g. Fee proposal.

25 %
h. Comments by references.

5 %
i. Exceptions/Deviations to RFP/Agreement Template
(Pass/Fail)

Pass/Fail
j. History of litigation within the past 5 years. (Pass/Fail)

Pass/Fail

TOTAL

100 %

NOTE: A ‘fail’ designation in any Pass/Fail criterion will result in disqualification of the proposal.

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made.

The successful Proposer will be selected on the basis of information provided in the RFP , in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in

the manner that most benefits the City including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement. The City Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents : Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the pr otest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

[CONTINUES ON FOLLOWING PAGE]

I. Proposal Schedule
The tentative schedule is as follows:

EVENT DATE
Release of Request for Proposal March 23, 2026
Pre-Proposal Meeting - MANDATORY
LOCATION:
201 N E Street, Suite 200
2nd Floor Public Works Department
San Bernardino, CA 92401
March 30, 2026
Last Day to Submit Questions for Clarification
received by the City before 3:00 PM
April 6, 2026
Clarifications Issued by City by the end of the day April 9, 2026 Deadline for Receipt of Proposals
submitted before 3:00 PM
April 20, 2026
Evaluations of Proposals Completed April 2026
Interview of Finalist(s) May 2026
Vendor Selection May 2026
City Council Approval June 2026
Vendor Award (Agreement through DocuSign)
Note: Award notification is pending Council approval,
when applicable.

June 2026
Purchase Order Issuance June 2026

The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above -described professional Services and City retains the sole d iscretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal. All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is

necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer’s demonstrated capability to perform the Services. Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Act.

Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from

disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City wi ll provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Propos er's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

6. Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The proposal must be received before 3:00pm local time, on or before April 20, 2026. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connections, or incomplete transmissions.

K. General Conditions

1. Federal Requirements: If the Services are funded through a federal funding source, the successful Proposer and its subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached hereto as Exhibit “C”, and incorporated herein by this reference.

2. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

3. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

4. Non-Responsive Proposals : A proposal may be considered non - responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

5. Costs for Preparing: The City shall not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals

submitted and may use any idea in a proposal regardless of whether that proposal is selected.

6. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

7. Price Validity: Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete, and the contract is awarded.

8. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, t o negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP .

9. Right to Negotiate and/or Reject Proposals : City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, s uch action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements.

10. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

11. Minor Irregularities: ity reserves the right to waive any minor irregularity, informality, or non-substantive deficiency in a proposal. A minor irregularity is one that:

a. Does not affect the responsiveness of the proposal; b. Is merely a matter of form or format;
c. Does not change the relative standing or otherwise prejudice other proposals;
d. Does not change the meaning or scope of the RFP;
e. Is trivial, negligible, or immaterial in nature;
f. Does not reflect a material change in the work; or
g. Does not constitute a substantial reservation against a requirement or provision.

In such cases, the Proposer may be notified of the deficiency and provided

an opportunity to correct the irregularity, defect, or variation, or the City may elect to waive the deficiency and accept the proposal. The decision to waive a deficiency shall not modify or compromise the overall intent of the RFP or excuse the Proposer from full compliance with all material requirements if awarded a contract.

Publication Date of RFP: March 23, 2026.

[END OF SECTION]

EXHIBIT A

PROPOSED SCOPE OF SERVICES/SCHEDULE OF CHARGES

SCOPE OF SERVICES
The City of San Bernardino Public Works Department is requesting proposals from qualified and experienced engineering consulting firms to provide on-call engineering plan check, development engineering review, and related technical services in support of the City’s development review process. These services will assist the City in reviewing engineering plans, studies, and related documents associated with private development to ensure compliance with City standards, applicable regulations, and accepted engineering practices.

Due to the City’s continued growth, increasing development activity, and periodic fluctuations in workload, the City may also require staff augmentation and specialized engineering support to supplement existing staff resources. These services will help the City maintain established plan review timelines, address peak workload demands, reduce potential plan review backlogs, and ensure timely delivery of engineering services to the development community.

Consultants selected under this Request for Proposals will be assigned work related to engineering plan check services, development engineering review, technical analysis, coordination with applicants and design professionals, and other related services necessary to support the City’s development review. Consultants may also be requested to provide qualified personnel to perform staff augmentation services onsite at City facilities, depending on operational needs and workload conditions.

Through this RFP , the City seeks to engage consultants with demonstrated experience in municipal engineering, land development review, and infrastructure design who can provide technically sound, timely, and efficient engineering services that support the City’s development objectives while maintaining compliance with applicable laws, standards, and City policies.

The initial term of the agreement shall be for three (3) years, with the option for the City to extend the agreement for two (2) additional one-year terms, for a potential total contract term of five (5) years.

The City has experienced increasing levels of development activity including:
• Residential subdivisions
• Multi-family housing projects
• Commercial developments
• Industrial developments
• Mixed-use developments
• Infrastructure improvements associated with development Consultants will assist the City in managing peak workloads and backlog reduction by performing plan review services:

Consultants may be required, but not limited to:
• Provide additional engineering plan review capacity during peak development cycles • Assist in reducing plan review backlogs
• Maintain City service levels for development plan reviews

• Ensure compliance with City design standards and regulations • Assist with major development projects requiring complex review TASK 1 – DEVELOPMENT ENGINEERING REVIEW
Consultants shall perform engineering review of development applications submitted to the City including discretionary permits and ministerial approvals.

Services may include, but not limited to review of:
• Tentative Tract Maps
• Tentative Parcel Maps
• Conditional Use Permits
• Site Plan Review
• Lot Line Adjustments
• Development Permits
• Grading Permits
• Building permits associated with site improvements
Consultant responsibilities include:

1.1 Infrastructure Impact Analysis
Evaluate the impact of proposed developments on public infrastructure including, but not limited to:
• Street capacity and circulation
• Traffic access and driveway locations
• Pedestrian circulation and accessibility
• Storm drainage systems
• Water distribution systems
• Sanitary sewer systems
• Floodplain and flood control systems

1.2 Engineering Conditions of Approval
Prepare recommended onsite/offsite engineering conditions of approval related but not limited to:
• Mapping requirements
• Required street improvements
• Dedications and right-of-way acquisition
• Utility improvements
• Drainage and Flood Control requirements
• Traffic mitigation improvements
• Grading requirements

1.3 Interdepartmental Coordination
Coordinate with:
• Planning Department
• Building & Safety

• Public Works divisions
• Water Department
• Outside agencies when necessary

1.4 Public Meeting Support
Consultants may attend meetings such as:
• Development and Environmental Review Committee
• Planning Commission
• City Council meetings
TASK 2 – ENGINEERING PLAN CHECK SERVICES
Consultants shall review improvement plans for compliance with the development code, municipal code, City standards and engineering best practices.

Plan check services include review of, but not limited to:
• Street improvement plans
• Utility plans
• Grading plans
• Storm drain plans
• Street lighting plans
• Traffic signal plans, Signing and Striping plans and Traffic Control Plans •Landscape plans

2.1 Roadway Improvements
Review roadway design including, but not limited to:
• Horizontal alignment
• Vertical profiles
• Cross-sections
• ADA compliance
• Intersection geometry
• Curb ramps
• Sidewalk design
• Bicycle facilities
• Driveway Approaches

2.2 Utility Infrastructure
Review utility plans for, but not limited to:
• Water systems
• Sewer systems
• Storm drain systems
• Dry utilities coordination

2.3 Precise/Rough Grading Plans

Review grading design including, but not limited to:
• Geotechnical Reports
• Cut and fill calculations
• Drainage patterns
• Slope stability
• Erosion control
• ADA Compliance

2.4 Compliance Verification
Verify compliance with, but not limited to:
•Municipal and Development code
•City Standard Drawings
• City Design Standards
• Subdivision Map Act
• Applicable State regulations

2.5 Landscape Plans
Review landscape plans for, but not limited to:
• Irrigation apparatus
• Irrigation layout and cover
• Irrigation details and specifications
• Planting Plan
• Planting details and specifications

TASK 3 – HYDROLOGY AND HYDRAULICS REVIEW
Consultants shall review drainage studies and calculations submitted with development projects.

Services include:

3.1 Hydrology Analysis
Review stormwater runoff calculations including, but not limited to:
• Watershed analysis
• Rational Method calculations
• Unit hydrograph calculations
• Basin Routing calculations

3.2 Hydraulic Design
Review storm drain design including, but not limited to:
• Hydraulic Grade Lines
• Pipe sizing
• Storm Drain Inlet design
• Drainage structures

3.3 Flood Control
Evaluate flood control impacts including, but not limited to:
• Detention basin design criteria for San Bernardino County • Floodplain impacts
• Regional drainage impacts

TASK 4 – STORMWATER COMPLIANCE REVIEW
Consultants shall review water quality documents for compliance with regulatory requirements.

Review includes, but not limited to:
• Water Quality Management Plans (WQMP)
• Low Impact Development (LID) requirements
• Best Management Practices (BMPs)
• Municipal Separate Storm Sewer System (MS4)

Verify compliance with:
• Regional Water Quality Control Board
• Municipal Stormwater Permit requirements
TASK 5 – SUBDIVISION MAP REVIEW
Consultants shall review subdivision maps including:
• Parcel maps
• Final tract maps
• Lot line adjustments
• Lot Merger

Review includes, but not limited to:
• Lot closure calculations
• Survey accuracy
• Boundary verification
• Easements and dedications
Consultants shall verify compliance with, but not limited to:
• Subdivision Map Act
• City Development Code
• City Municipal Code
• Land Surveyor’s Act

TASK 6 – STRUCTURAL REVIEW

Consultants may review structural components associated with civil improvements including, but not limited to:
• Retaining walls including grid wall design and construability • Structural footings
• Bridge related elements associated with development
• Structural calculations
Consultants shall verify design adequacy and compliance with applicable standards.

TASK 7 – COST ESTIMATES AND BOND CALCULATIONS
Consultants shall review engineer’s construction cost estimates for:
• Improvement agreements
• Performance bonds
• Labor and materials bonds
Verify quantities and construction costs used for bonding purposes.

TASK 8 – STAFF AUGMENTATION SERVICES
The Consultant shall provide qualified engineering personnel to supplement City staff during periods of increased development activity, plan review backlog, staff shortages, or other operational needs. The purpose of these services is to maintain the City’s established development review timelines and ensure consistent delivery of engineering services to the development community.

Consultant personnel shall work under the general direction of the City Engineer or designated City staff and shall perform duties consistent with the responsibilities of comparable City staff classifications. Staff augmentation services shall be provided on-site at City offices.

Consultant shall provide personnel qualified to perform the duties typically associated with the following classifications:
• Senior Civil Engineers
• Civil Engineers
• Associate Engineers
• Assistant Engineers
• Engineering Technicians
• Development Plan Check Engineers
• Land Development Engineers
• Transportation or Traffic Engineers
• Land Surveyor in training
• Professional Land Surveyor
All personnel assigned to perform engineering services shall possess appropriate education, training, and professional licensure as required by the State of California.

Consultant personnel may perform engineering plan review services including, but not limited to:
• Review of improvement plans for private development projects • Review of grading plans and drainage plans

• Review of subdivision maps and parcel maps
• Review of storm drain design and hydrology calculations • Review of utility infrastructure plans
• Preparation of plan check comments and correction letters • Verification of compliance with City design standards, standard plans, and applicable regulations
Consultants shall coordinate with City staff to ensure that plan check comments are clear, consistent, and provided within established review timelines.

8.1 Development Counter Support
Consultant personnel may provide support at the City’s public development counter, including, but not limited to:
• Assisting applicants with engineering submittals
• Providing guidance regarding City engineering requirements • Reviewing development plans for completeness at time of submittal • Responding to applicant questions regarding engineering plan check comments • Coordinating with Planning, Building & Safety, and Public Works staff Consultant personnel assigned to the development counter shall demonstrate strong communication and customer service skills.

8.2 Coordination with Applicants and Consultants
Consultant personnel may participate in meetings with project applicants, developers, and design consultants to discuss engineering requirements and plan review comments.

Responsibilities may include, but not limited to:
• Explaining plan check comments
• Reviewing proposed design revisions
• Coordinating engineering requirements
• Assisting with resolution of technical issues related to plan review

8.3 Permit Processing Support
Consultant personnel may assist the City with engineering permit processing including, but not limited to:
• Tracking plan check submittals
• Monitoring plan review cycles
• Coordinating resubmittals and revisions
• Maintaining project review records
• Assisting with approval of engineering permits and improvement plans Consultant personnel may utilize City permit tracking systems and document management system

8.4 Work Assignments and Scheduling
Staff augmentation assignments may vary depending on City workload and operational needs.

Assignments may include, but not limited to:
• Short-term assignments to address plan review backlog • Long-term assignments to supplement City staff
• On-call support during peak development periods
Consultant personnel may be assigned:
• Part-time schedules
• Full-time schedules
• Specific task-based assignments
Assignments may range from a few days per week to full-time support, depending on workload conditions.

8.5 Reporting and Oversight
Consultant personnel shall report to the City Engineer or designated City representative and shall coordinate closely with City staff assigned to development review.

Consultant shall maintain records of hours worked and tasks performed and shall submit invoices that clearly identify:
• Personnel assigned
• Hours worked
• Project or permit numbers associated with work performed

8.6 Performance Expectations
Consultant personnel assigned under staff augmentation services shall:
• Adhere to City policies and procedures
• Maintain professional standards of conduct
• Meet established plan review timelines
• Provide technically accurate and defensible engineering review Consultant personnel shall work collaboratively with City staff to support efficient and timely development review services.

TASK 9 – PERMIT TECHNICIAN SERVICES (AS-NEEDED)
The Consultant shall provide qualified Permit Technicians to support the Public Works Department on an as-needed basis. Permit Technician staff shall report to the City’s offices depending on operational needs. Services may include, but are not limited to, the following:

9.1 Permit Processing
• Intake, review, and processing of permit applications including but not limited to:
– Encroachment permits
– Right-of-Way permits
– Utility permits

– Street use permits
- Grading permits
• Verification that permit applications include required plans, calculations, insurance, bonds, and supporting documentation.

9.2 Customer Service and Counter Support
• Provide customer service at the public counter, via telephone, and electronically to assist applicants with permit requirements.
• Explain City procedures, permit requirements, and application processes. • Coordinate with engineering staff, plan checkers, and inspectors regarding permit status.

9.3 Permit Coordination
• Coordinate routing of plans and permits for review by City departments including:
– Engineering
– Public Works
– Planning
– Building & Safety
– Fire Department
– Utilities
• Track permit status and ensure timely routing and approvals.

9.4 Fee Calculation and Collection
• Calculate applicable permit fees based on City fee schedules. • Prepare invoices and assist in processing payments.
• Maintain accurate financial and permit records.

9.5 Record Management
• Maintain permit records in the City’s permit tracking system. • Scan and archive permit documents and approved plans. • Ensure compliance with City document retention policies.

9.6 Administrative Support
• Assist engineering staff with documentation, reports, permit logs, and tracking systems. • Maintain permit activity reports and permit issuance logs.

Permit Technician personnel shall possess experience in municipal permit processing and development services operations and be familiar with public works permitting procedures.

TASK 10 – ON-SITE DEVELOPMENT INSPECTION SERVICES (PRIVATE

IMPROVEMENTS) AS NEEDED

The Consultant shall provide qualified construction Development Inspectors to perform on-site inspection services for private development projects located on private property outside the public right-of-way. These services will support the City’s Engineering Division on an as-needed basis during periods of increased development activity.

The purpose of these inspections is to verify that private site improvements are constructed in accordance with approved improvement plans, grading plans, and applicable City standards.

Services may include, but are not limited to, the following:

10.1 On-Site Inspection of Private Development Improvements Perform field inspection of development improvements constructed on private property, including but not limited to:
• Site grading and earthwork operations
• Building pad preparation and compaction
• Private storm drain systems and drainage facilities
• On-site drainage structures and retention/detention systems • Private drive aisles and parking lot paving
• Private curb, gutter, and sidewalk improvements within the development site • Private water, sewer, and utility trenching associated with site development • Fire access roads and fire lanes within private developments • Site accessibility improvements including ADA pathways and accessible parking areas • On-site landscape irrigation infrastructure associated with grading or site work • Block/Retaining Walls

10.2 Grading and Drainage Inspection
• Inspect site grading operations for compliance with approved grading plans. • Verify proper installation of subgrade, base material, and drainage facilities. • Confirm that site drainage improvements are installed according to approved engineering plans.

10.3 Construction Compliance Verification
• Verify that construction activities comply with approved plans, conditions of approval, and City development standards.
• Observe construction methods and notify the City of deviations from approved plans.

10.4 Materials and Compaction Observation
• Observe placement of fill, base materials, asphalt, and concrete.

• Coordinate with geotechnical and materials testing consultants performing compaction and materials testing.
• Confirm that required testing is conducted in accordance with project requirements.

10.5 Field Documentation
• Prepare daily inspection reports documenting construction progress and field conditions. • Maintain field logs and photographic documentation of site development activities. • Report inspection findings to City engineering staff.

10.6 Coordination with Developers and Contractors
• Coordinate field inspections with developers, contractors, and project engineers. • Notify responsible parties of deficiencies or non-compliant work requiring correction.

10.7 Final Site Improvement Verification
• Participate in final site walkthroughs to verify completion of approved improvements. • Assist City staff in identifying punch list items prior to project clearance.

Consultant inspection personnel shall have experience with private development construction inspection, grading inspections, and site development improvements, and shall be familiar with municipal development engineering standards and construction practices.

PROPOSAL CHECKLIST
(as detailed in Chapter II. Request for Proposals, Section E. of the RFP) # REQUIRED DOCUMENT INCLUDED IN

BID PACKAGE

1. Required - Proposal

Technical Proposal
• Executive Summary (E.1)
• Table of Contents (E.2)
• Identification of Proposer (E.3)
• Staffing Resources (e.g., Assigned Personnel experience) (E.4) • Experience and Technical Competence (E.6)
• Proposed Method to Accomplish the Work (E.7)
• Litigation History (if any) (E.10)
• Other Information (pertinent to proposal) (E.11)
➢ Completion of other similar projects;
➢ Community involvement (if any);
➢ Prior projects, agreements, involvement with the City (if any); ➢ No Conflict-of-Interest statement.
• Certification of Proposal (E.12)
➢ “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”
• Appendices (E.13)
• Statement of “No Deviations from RFP” (F.)
➢ If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents.

Fiscal Stability (E.5)
• Current report from any Commercial Credit Rating Service (e.g. Dunn & Bradstreet);or
• Line of credit; and
• Financial Statement.

☐

2. Required - Fee Proposal (E.8) ☐

3. Required - Certificate of Insurance (E.9)

☐

4. Required - Vendor Quote Form ☐

5. Required - Acknowledgement of Insurance Requirements ☐

6. Required - Applicable Licenses ☐

Submittal Instructions: Electronic PDF file format via Planetbids on the date and time stated in the RFP.

Please allow time for system to process your proposal. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

CERTIFICATION OF PROPOSAL
(Required Submittal)

VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1051

ON-CALL PROFESSIONAL ENGINEERING AND PLAN CHECK SERVICES FOR LAND

DEVELOPMENT
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP .

The undersigned further certifies that they are legally authorized to submit this proposal and to bind the entity on whose behalf this proposal is submitted, and that the information contained herein is true and correct to the best of their knowledge.

This proposal shall remain valid for a period of not less than 120 calendar days from the date of submission.
☐ This proposal includes exceptions to the RFP.

If checked, please identify the page number(s) and section(s) where exceptions appear:

☐ This proposal does not include exceptions to the RFP .

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)

PRINT NAME: TITLE: ___________________

VENDOR QUOTE FORM
(Required Submittal)

VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1051

ON-CALL PROFESSIONAL ENGINEERING AND PLAN CHECK SERVICES FOR LAND

DEVELOPMENT
The undersigned hereby submits the following price quote in response to the above -referenced RFP. Pricing includes all labor, materials, equipment, transportation, and services necessary to perform the work described in the RFP .

ITEM NO. DESCRIPTION QUANTITY UNIT COST
TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

I declare under penalty of perjury that the information provided herein is true and correct.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)

PRINT NAME: TITLE: ___________________

LIC. NO: CLASSIFICATION: DIR REG. NO: _______________

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
(Required Submittal)

VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1051

ON-CALL PROFESSIONAL ENGINEERING AND PLAN CHECK SERVICES FOR LAND

DEVELOPMENT
The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

COVERAGE TYPE MINIMUM POLICY LIMITS

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)

Aviation/Drone Liability (If applicable)

$1,000,000 per occurrence

Cyber Liability (If applicable)

$1,000,000 per occurrence and aggregate

By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)

PRINT NAME: TITLE: ___________________

EXHIBIT B

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2026 by and between the City of San Bernardino, a charter city and municipal corporation organized and op erating 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 [***INSERT NAME***] , a [***INSERT TYPE OF

ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (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:
[***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”).

B. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional services for [INSERT CONSULTANT DUTIES], and possesses the necessary expertise, resources, and personnel to complete the Project in a timely and professional manner as specified herein.

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.” Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project. The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be

performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.

3. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 4(b) below.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. 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. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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 requ ired to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT END DATE***] , unless earlier terminated as provided herein.

Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicab le indemnification provisions of this Agreement shall

remain in effect following the termination of this Agreement.

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

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a pub lic 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 represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such lic enses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 Con sultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, 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 working on the Services by the Consultant and shall not be re-employed to perform any of the Services.

Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate . Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permit s, 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 o r 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/Contractor . 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 con trol. 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the Calif ornia 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/h er to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.

Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of 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 l oss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***]

At all times during the performance of the work under this Agreement, the Consultant 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. h. Minimum Policy Limits Required
(i) The following in surance 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 [***REMOVE IF NOT APPLICABLE***]
(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.
i. 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.

j. 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 pol icy 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 Gener al Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Co nsultant 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 waiver s 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. k. 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:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed

to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations oth erwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary , and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (vi) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement

m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial gene ral 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 performan ce of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]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 Departm ent 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 A ct 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 may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a paym ent 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. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
c. 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.

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 Pa rty 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 serv ices 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 [***INSERT NAME***] as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]

With Copy To:

CONSULTANT:

[***INSERT NAME, ADDRESS &
CONTACT PERSON***]

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

30. No Third Party Beneficiaries. 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 Emplo yment. 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” and executed Task Orders 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 hereo f or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

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

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

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

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

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or m aking 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. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

43. 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.

44. Order of Precedence.

The following order and succession of the referenced documents shall govern in the event of conflict between documents:

1. Amendment(s)

2. This Agreement

3. Task Orders

45. Electronic Signatures . Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered

as an original signature for all purposes and shall have the same force and effect as an original signature

[SIGNATURES ON FOLLOWING PAGE]

SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]

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
[***INSERT NAME***]

APPROVED BY:

[***INSERT NAME***]
[***INSERT POSITION***]

EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***]

EXHIBIT B
Sample Task Order Form

TASK ORDER

Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]

Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO [INSERT NAME OF CONSULTANT]

Dated: Dated:

By: By: