EMERGENCY ITEM NO: 13A
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Padilla, Director of Public Works
Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Francisco Flores, Management Analyst
SAN GABRIEL DATE: September 16, 2026
VALLEY 1956
SUBJECT: Authorization to Publish a Request for Qualifications (RFQ) for On-Call Engineering Services
SUMMARY:
This item will authorize the publishing of a Request for Qualifications (RFQ) for On-Call Engineering Services.
The City plans to hire multiple engineering consultants in general civil engineering; land surveying; traffic engineering; geotechnical engineering; landscape architectural services; and stormwater and water quality services.
RECOMMENDED ACTION:
It is recommended that the City Council:
1. Authorize Staff to publish a Request for Qualifications for On-Call Engineering Services; and
2. Authorize the Director of Finance to make the appropriations and necessary budget adjustments FISCAL IMPACT:
There is no impact to the General Fund.
BACKGROUND:
Baldwin Park's Public Works Department consists of the Engineering and Maintenance divisions and is responsible for planning, delivering, and maintaining the City's public infrastructure. The department also administers the City's Capital Improvement Program, which includes improvement to streets, traffic signals, streetlights, public buildings, sewer and storm drain systems, parks, and other public facilities.
The agreements will allow the City's Engineering Department to request the services of the retained Consultants) on an individual project or program basis as the need arises.
DISCUSSION:
The proposed Request for Qualifications (RFQ) will solicit on-call agreements for the following categories:
Engineering Service Categories
General Civil Engineering (3 consultants)
Land Surveying (2 consultants)
Traffic Engineering (2 consultants)
Geotechnical Engineering (2 or 3 consultants)
Landscape Architectural Services (2 or 3 consultants)
Stormwater and Water Quality Services (1 consultant)
Pare 1/7
Evaluation criteria for this RFQ will be based on:
Criteria Categories Max Points
Consultant Experience and Qualifications 25
Technical Capability and Knowledge of Public 20
Agency Requirements
Project Manager and Key Team Qualifications 20
Availability, Capacity, and Responsiveness 15
On-Call Service Delivery and Project Management 15
References and Past Performance 5
Total Possible Points 100
To support local engagement and community investment, the City of Baldwin Park will award up to 2 bonus points to any consultant that maintains a physical business location within the City of Baldwin Park.
Additionally, the City may award up to 3 bonus points to consultants that demonstrate a commitment to benefiting the Baldwin Park community through proposed local engagement or investment initiatives. Such initiatives may include, but are not limited to, scholarships for Baldwin Park school-age residents, internships, employment opportunities for Baldwin Park residents, or other community-focused programs. All proposed activities are subject to City approval.
ALTERNATIVES:
1. The City Council may choose not to authorize the publishing of a Request of Qualifications for On-Call Engineering. This is not recommended.
2. Provide Staff with alternate direction.
CEQA REVIEW:
These actions are exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.)
LEGAL REVIEW:
This report does not require legal review.
ATTACHMENTS:
1. RFQ - On-Call Engineering Services
para 7/7
CITY OF BALDWIN PARK
SEPTEMBER 15, 2026
CIT
•
SAN GABRIEL
VALLEY
REQUEST FOR QUALIFICATIONS
FOR
ON-CALL ENGINEERING SERVICES
PROPOSALS DUE
October 7, 2026 5:00 PM
CITY OF BALDWIN PARK
ENGINEERING DIVISION
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
It is the City's intent to select up to two to three agreements in each category; however, the number may be dependent on the number of proposals received for most categories, except for stormwater and water quality services. The City has the right to combine or separate engineering service categories and hire more or less consultants as it deems appropriate.
The agreements will allow the City's Engineering Department to request services of the retained Consultants) on an individual project basis as the need arises. Prior to any work completed under the agreement, the City will solicit a proposal for a specific scope of service from the retained consultants. The successful proposal will be given a Project Specific Agreement or Task Order executed by the Consultant and the City. The project specific agreements may include additional contractual requirements related to the project funding source.
The agreement with the selected consultants will not limit the City's ability to seek other proposals for professional services that in the City's sole discretion are outside the scope, ability or availability of the currently retained consultants). The purpose of the agreement arrangement is for convenience of the City for the projects that are routine and general in nature. For specialized or larger projects, the City will likely conduct a project specific RFQ.
Submission of Qualifications
Tentative RFQ Schedule
RFQ Posted Date September 15, 2026
Deadline to Submit Written Questions September 28, 2026 Posting Responses to Questions October 1, 2026
Deadline to Submit Proposals October 7, 2026 at 5:00pm
Tentative Award TBD
Note: The dates listed above are tentative and may be modified by the City.
Questions and Addenda
No oral interpretations will be made to any proposer as to the meaning of the RFQ documents. All questions must be submitted by the date shown on the Proposal Schedule; phone questions will not be accepted. Interpretations will be written in the form of an Addendum and sent to all consultants by e-mail by the date shown on the Proposal Schedule.
Submittal Instructions
All proposals must be submitted to Associate Engineer Suen Fei Lau by the deadline:
October 7, 2026 at 5:00pm
Please email one (1) original electronic proposal (PDF File) to Associate Engineer Suen Fei Lau ([email protected]).
Late submissions will not be accepted. It is the contractor's sole responsibility to submit electronically prior to the deadline. The consultant shall be solely responsible for its delivery to the City prior to the date and hour stated above.
Technical difficulties, internet outages, or incomplete uploads will not extend the submission deadline.
The request for proposals will be posted on PlanetBids.
Evaluation and Criteria
Availability, Capacity, and Responsiveness: Availability of qualified personnel and resources throughout the agreement term. Consultants shall identify the estimated percentage of time each proposed key team member will have available to work on City projects, along with their current workload and other commitments. 15 Evaluation will also consider the Consultant's ability to respond promptly to City requests, accommodate concurrent or time-sensitive assignments, meet established deadlines, and remain accessible to City staff.
On-Call Service Delivery and Project Management: Proposed approach t nanaging on-call assignments, including available staff and resource allocation communication, coordination of staff and subconsultants, quality assurance and 15 quality control, and management of scope, schedule, budget, and deliverables.
References and Past Performance: Quality of performance on comparable 5 performed similar services.
Total Possible Points 100
To support local engagement and community investment, the City of Baldwin Park will award up to 2 bonus points to any consultant that maintains a physical business location within the City of Baldwin Park. Additionally, the City may award up to 3 bonus points to consultants that demonstrate a commitment to benefiting the Baldwin Park community through proposed local engagement or investment initiatives. Such initiatives may include, but are not limited to, scholarships for Baldwin Park school-age residents, internships, employment opportunities for Baldwin Park residents, or other community-focused programs. All proposed activities are subject to City approval.
Proposal Contents
The information requested below will be used to evaluate the respondent's Proposal.
Proposals must provide a straightforward, concise description of the methodology and approach to satisfy the requirements of this solicitation. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis.
Respondent's Proposal shall be clear, concise, accurate, and comprehensive. Excessive or irrelevant materials will not be favorably received.
Proposals of this nature typically include:
A. Cover letter and background
A cover letter identifying the Consultant's name, contact name, phone number and e-mail address, and signed by an officer of the Consultant that is authorized to enter a contract with the City.
Include the following statement: "[Consultant Name] has reviewed the sample agreement associated with this RFQ and if selected, can enter into an agreement of that form. The [Consultant Name] is interested in the following category(s)." B. Qualifications and team description
This section discusses the Consultant's proposed team. Include an organization chart showing proposed relationship among consultant team and staff as well as any other parties, such as subconsultants, that may have significant role in the delivery of services to the City. Discuss staffing plan, the workload, both current and anticipated, for all key team members, and their availabilities to perform the requested services. Discuss specific personnel who will be assigned to this contract along with their title within the consultant, individual qualifications and hourly rate classification. Employee titles must match the classifications in the hourly rate schedule. ramps, street signage, street striping/markings, electrical improvements, landscaping, irrigation, wastewater, sewer improvements, water improvements, site improvements, structure/bridge design, building design, etc.
• Prepare a final detailed Construction Cost Estimate for the project based on the final design plan/report.
The Preliminary Construction Cost Estimate shall be an itemized estimate, including all components necessary for the complete construction of the project. • Responsible for ensuring that all work is built to standards defined by the contract documents.
Land Surveying Services
Land Surveying tasks that will be provided under this on-call engineering services shall include but not limited to the following:
• Performing field surveys of control nets and lines, boundary lines, topography and existing facilities. • Preparation of legal descriptions, plats, records of survey, corner records, and right-of-way maps. • Performing various types of surveying tasks on all types of construction projects. • Performing Quality Assurance work. setting initial control points with horizontal and vertical values, checking various stages of construction at the direction of the onsite inspector, documenting progress including any conflicts, and other quality assurance work.
• Reviewing, suggesting corrections, and making recommendations on the checking of parcel maps, records of survey, right-of-way cases, minor land division cases, corner records, and final subdivision maps.
Reviewing land development projects including tentative subdivision maps, minor land divisions, parcel maps, tract maps, and other land surveying documents.
Providing topographic and boundary surveying and mapping. • Construction site surveys to include cut-sheets and staking Traffic Engineering Services
Review requested project task to be accomplished and provide preliminary consultation, research and evaluation of same.
• Assist the Engineering Division and/or Planning Division with presentations and/or recommendations to the City staff, Administration, Planning Commission and/or City Council. • Provide surveying, engineering, drafting, cost estimates, right of way support services and specifications on traffic projects such as traffic signals, roundabouts, etc.
• Professional services during the bid process and project construction. • Third party review consultation related to documents prepared by the City's Engineering Division or other consultants retained by the City.
• Preparation of traffic impact studies for the Engineering and/or Planning Division of the City. • Review of Development proposals and the related traffic impact studies for the Engineering and/or Planning Division of the City.
• Pavement condition assessment, design, rehab, and management including conduct Pavement Management Survey. Identify pavement condition and analyze surface • Consultant shall provide services and have staffing covering some or all of the specialized categories listed below:
• Local Road Safety Plan update
• Preferential Residential Parking Districts
Landscape Architectural Services
Creating building designs and construction plans.
• Liaising with construction professionals about the feasibility of potential projects.
Work with city planning legislation, environmental impact, building code and project budget. • Working closely with a team of other professionals such as city engineering division, construction managers, quantity surveyors and architectural technologists.
Project initiation and scoping
Existing-condition investigations and documentation.
Site analysis and feasibility studies.
Landscape master planning.
Conceptual landscape design.
Streetscape and public-realm design.
Park and recreation facility landscape design.
Planting design.
Irrigation design.
• Water-conservation and water-efficient landscape design. • Landscape grading and drainage coordination.
Stormwater and sustainable landscape design.
• Green infrastructure and low-impact development coordination.
Hardscape and site-furnishing design.
• Tree assessment, preservation, replacement, and planting plans. • Trails, pedestrian corridors, plazas, paseos, and bicycle-related landscape improvements. • Landscape lighting design and coordination.
Signage and wayfinding coordination.
Accessibility and universal-design coordination.
Preparation of construction documents.
Construction cost estimating.
Specifications.
Bid and procurement support.
• Construction administration and observation.
Punch-list and project closeout services.
Landscape and irrigation plan checking
Public meeting and community outreach support.
Preparation of presentations and City Council/Commission materials.
Landscape maintenance assessments and recommendations.
Landscape rehabilitation and renovation.
• Emergency and expedited landscape design services.
Preparation of reports, exhibits, graphics, renderings, and technical memoranda.
Coordination with City staff, consultants, utilities, agencies, and stakeholders. • Other related landscape architectural services authorized by the City.
Stormwater and Water Quality Services
General Engineering Support
Provide on-call environmental engineering assistance to City staff. • Review environmental regulations and identify changes affecting City operations. • Assist the City in interpreting federal, State, regional, county, and local environmental requirements. • Prepare technical memoranda, staff reports, correspondence, notices, procedures, specifications, and other technical documents.
• Attend meetings with City staff, regulatory agencies, developers, contractors, property owners, businesses, and other stakeholders.
• Provide technical support during regulatory inspections, audits, enforcement matters, and agency communications.
The City may also conduct RFQs or REPs for specific projects as it deems appropriate. If the City authorizes a Consultant in writing to perform services on a project or assignment before the stated expiration date, and those services are not completed by the expiration date, the Agreement may be extended solely as necessary to allow completion of the authorized services.
Services shall be performed only when authorized in writing by the City through a task order, notice to proceed, or other written authorization. Proposals will be accepted only from consultants that are free from obligations or interests that may conflict with the best interests of the City and that have the capacity to provide the requested services in a timely manner.
Ethics in Public Contracting
Each consulting entity, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that it was made without fraud; that it has not offered or received any kickbacks or inducements from any other entity in connection with this RFQ. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Baldwin Park.
Proprietary Information
The proposals received shall become the property of the City of Baldwin Park and are subject to public disclosure.
Consultants are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets", "Confidential" or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Consultants who wish to have such information maintained confidentially shall be responsible for advancing all reasonable attorney's fees and costs associated with disputes that may arise respecting whether records are subject to disclosure.
Incurring Costs
The City is not liable for any costs incurred by Consultants in responding to this RFQ.
Solicitation of Proposal Only
Nothing contained herein shall be deemed as a binding offer or commitment by the City, its officers, agents, employees, or related parties. Each party or parties responding to this RFQ do acknowledge that they are not guaranteed that they will be selected as the consultant or offered an opportunity to provide the requested services.
Rejection of Submission of Proposals
The proposal request does not commit the City of Baldwin Park to award any contract. The City reserves the right, at its sole discretion, to reject any or all proposals without penalty, to waive irregularities in any proposals or in the proposal procedures, and to be the final judge as to which is the responsible, qualified proposal. Any proposal which contains items not specified, items which are incorrect, which does not complete all the items scheduled or does not respond to items in the manner specified in this request may be considered non- responsive and may be rejected on these bases in the sole discretion of the City.
Proposals offering less than 90 days for acceptance from the proposed closing date may be considered non- responsive and may be rejected. Non-acceptance of any proposal will not imply any criticism of the proposal or convey any indication that the proposal was deficient. Non-acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City of Baldwin Park, or that no proposal was deemed acceptable.
Letters of Objection
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other errors in the RFQ, he/she shall
CITY OF BALDWIN PARK
PROFESSIONAL SERVICES AGREEMENT
WITH
THIS AGREEMENT is made and entered into this _ day of = 20_ _ ("Effective Date"), by and between the CITY OF BALDWIN PARK, a municipal corporation ("City"), and , a [state] [type of corporation] ("Consultant").
WITNESSETH:
A. City proposes to utilize the services of Consultant as an independent contractor to _ as more fully described herein; and
WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal (Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it 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 shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern; "A". Consultant's total compensation shall not exceed Dollars ($_ , unless authorized herein.
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "Scope of Services". , an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The Chief Executive Officer is authorized to approve a Change Order for such additional services. Where the original contract is $100,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $100,000.00.
Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. 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. Each invoice shall describe in detail the services performed, the date of performance, 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.
Records and Audits. 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 or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".
Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of -
months, ending on _, 20 • unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.
Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self- insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "C" and incorporated herein by this reference.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations.
This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seg.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other 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 in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provisions) through good faith negotiations.
6.25. 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 agreement.
Corporate 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF BALDWIN PARK,
A municipal corporation
Date:
_ Chief Executive Officer or Mayor
ATTEST:
Christopher Saenz, City Clerk
of the City of Baldwin Park
CONSULTANT:
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
EXHIBIT C
CERTIFICATES OF INSURANCE AND ENDORSEMENTS