AGENDA
ITEM
12 AGENDA
CALEXICO California ITEM
WLAL CALITORNIA AND MEXICO MELI
12 CITY COUNCIL
AGENDA STAFF REPORT
DATE: November 5, 2025
TO: Mayor and City Council
APPROVED BY: Benjamin A. Martinez, City Manager
PREPARED BY: Michael Coyne, Planning & Building Director SUBJECT: Authorize the Planning & Building Department to Advertise a Request for Proposals (RFP) for On-Call Building Plan Check and Inspection Services Recommendation:
Authorize the Planning & Building Department to Advertise a Request for Proposals (RFP) for On-Call Building Plan Check and Inspection Services.
Background:
Since 1981, the City has maintained a contract with Interwest Consulting Group (formerly EsGil), for building plan check services. Interest primarily performs building plan checks by certified plans examiners for new multifamily and commercial construction projects. These plan checks are completed on an as-needed basis. The costs for these services are fully recovered by the City, with the building permit applicant required to reimburse the City for the full cost of the plan check, which includes the requirement to post an initial deposit of $5,000 to cover the initial plan check review. Prior to permit issuance, the applicant is required to pay the full cost of the building permit, with the City remitting final payment to Interwest, where, pursuant to the existing contract (Attachment No. 1), Interwest is entitled to 80% of the building permit plan check fee.
No record of an RFP for building services has been identified in the intervening years since the original contract with Interwest was executed in 1981. Since then, there have been many changes in the regulatory and administrative environment that necessitate a new RFP and a corresponding update to the Professional Services Agreement that reflect current legal and insurance requirements. It is also a best practice to periodically issue RFP's for City services to ensure that the City is receiving the best possible services at the most competitive rates, particularly considering that there are numerous consultants in the regional that can provide these services.
Discussion and Analysis:
A Request for Proposals for On-Call Building Plan Check and Inspection Services has been drafted (Attachment No. 2). The requested services encompass reviewing plans, calculations, and reports across various building disciplines for residential and commercial projects including plumbing, electrical,
mechanical, and structural, as well as conducting site inspections to ensure compliance with local, state, and federal regulations.
Currently, the Planning & Building Department is staffed by one Building Official who completes all building inspections and most plan reviews for minor residential and commercial projects, including new single-family homes, accessory dwelling units, and commercial tenant improvements. The scope requested in the RFP emphasizes the need to supplement the city's existing staff with experts who are certified in their respective fields, particularly a California Building Plans Examiner and a Combination Building Inspector, to assist in permit processing and inspections.
The scope of services detailed in the RFP covers a comprehensive range of tasks designed to support the City's supplemental building plan check needs, particularly for complex multifamily residential and commercial projects. Consultants are expected to furnish all necessary materials, labor, supervision, and equipment to perform plan checks and inspections consistent with federal, state, and local laws. The selected consultant is expected to perform initial plan checks within twenty (20) working days and subsequent reviews within (15) fifteen working days, excluding transit time. Additionally, the consultant would be expected to participate in meetings with City staff and officials as needed, providing expert review on building code issues and helping resolve matters on pending plan checks and/or active construction sites.
The requested services also include providing certified inspectors, such as Building Inspectors and CASp (Certified Access Specialists), to conduct on-site inspections and accessibility evaluations. To ensure no delay to construction projects, building inspectors would mainly perform supplemental inspections on active construction sites for residential and commercial structures during periods of extended absences (one or more weeks) by the Building Official. CASp services would be on an as-needed basis and would focus on evaluating accessibility features of constructed facilities, with reports and certifications provided in accordance with applicable accessibility standards.
The RFP would be advertised for a period of approximately one month, with consultant selection the following month, and a contract award presented for City Council action on January 7, 2026. The selected consultant would operate under a three-year initial contract, with an option for a one-year administrative extension to the contract. The consultant would be compensated based on an agreed hourly fee structure for the services provided. The proposed contract capacity would be $150,000 for the term of the contract, which is based on the current yearly average of approximately $25,000 of cumulative payments made by the City to Interwest,
Fiscal Impact:
As the costs for these services are fully recovered by the City, with the building permit applicant required to reimburse the City for the fuil cost of the building plan check and/or inspection, there is no anticipated direct fiscal impact on the City for general plan check and building inspection services provided to the public. Specialized, as-needed plan check and building inspection services (i.e. for City facilities) provided by the selected consultant would need to be paid from existing allocations for Professional Services or similar allocations in Departmental budgets and would not be able to exceed $25,000 without City Council authorization. The City Council would also need to authorize a contract amendment in order for the consultant to exceed the proposed three-year term contract limit of $150,000.
Attachments):
1. Interwest (formerly EsGil) Contract
2. Draft RFP
ATTACHMENT NO. 1
:
CONTRACT AND STATEMENT OF
WORK TOR BUILDING PLAN CHECK SERVICES E, EO.
2 YuaN Check
3 THIS CONTRACI is made by CITI OF CALEXICO, a Municipal 4 Corporation, herein called CITY and ESGIL CORPORATION, a Cali- 5 fornia Corporation, herein called CONTRACTOR.
6 RECITALS
WHEREAS, City desires to employ the services of
8 Contractor to review and check for correctness and design calculations, plans, and material specifications for certain budidings proposed dos construction within the CIty: and WHEREAS, City desires to obtain plan checking
• 18 Contracting services at no cost to the taxpayer; and 13 WHEREAS, City desires all payments to the Contractor be fully funded by using only a portion of the plan check fee 15 paid by applicants for plan checking proposed building construc- tion; and
WHEREAS, City desires to have the cost of the Con-
18 tractor services be less than the plan check fee paid to the contractor in order to provide money to offset the cost of 20 City staff performing clerical and administrative duties related 21 plan approval; and
22 WHEREAS, City wishes to reduce applicant waiting times 23 regarding plan check and plan recheck at the City permit issuance 24 facility; and
25 WHEREAS, the City desires to have design calculations, 26 plans, and material specifications for certain buildings pro- 27 posed lor construction reviewed by Contractor within guaranteed 28 time periods equal to or more prompt than present review times; 29 and
30 WHEREAS, City desires to foster uniformity among
31 government agenoles by having a single non-governmental agency 32 uniformly apply mandated life-safety regulations; and 600/200 d 949T 099 898 8002-77-2
WHEREAS, the City wishes to avoid conflict of interest
2 problems by contracting with a corporation that provides services 3 exclusively to government agencies; and
4 WHEREAS, the City wishes to have professional-technical 5 regulatory resources avallable during periods of high workload, 6 staff turnover and loss of trained staff; and
7 WHEREAS, the City wishes to contract for services with 8 an entity directed by persons expertenced and knowledgeable in building code interpretation and application; and
10 WHEREAS, the two founding directors of the Contractor 21 Corporation are both Professional Engineers (Civil) 'and have 12 seryed fitteen and thirteen years in high level regulatory 13 management positions in government related to building inspec- 14 tion and County engineer functions; and
15 WEREAS, the Contractor is willing to accept employ
1,6
ment by the City for the Contractor's services in accordance with this contract.
18 NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements herein contained, it is agreed 20 between the parties hereto as follows:
21 SECTION 1. DESIGNATION OF CONTRACTOR
:
• City does hereby appoint ESGIL CORPORATION as Contrac- 23 tar, in a contractual capacity, to review and check for correct- 24 ness the design calculations, plans and material specifications 25 in accordance with established regulatory agency plan checking 26 practices for certain buildings proposed for construction 27 28 within the City with said work to be perforned within the terns and conditions hereinafter set forth.
29 SECTION 2. CONFLICI OF INTEREST
30 The Contractor expressly affirms that neither the
31 Contractor Corporation or any of its officers or directors 38 600/800•2 949T 099 898 A DISE
IL. will perform work or provide services to entities other than government entities during the time this contract is in force order to ensure the City that the Contractor will not have a conflict of interest in discharging the work covered by this contract.
SECTION 3.DUTIES OF CONTRACTOR
The Contractor shall provide, in established workman-
Like and professional manner, and at its own cost and expense, 9 aIl Iabor, technical, administrative, professional and other 10 personnel, 211 supplies and materials, equipment, printing, 11 venteles, transportation, office space and facilities and all 12 analyses,
calculations, and all other resources whatsoever,
except as herein otherwise expressly specified to be furnished by 14 the City necessary or proper to perform the specified work 15 required by this contract.
16 SECTION 4. WORK REQUIRED BY CONTRACTOR
A. Review and check for completeness and correctness
18 based upon the Uniform Building Code, Uniform Mechanical Code, 19 National Electrical Code, Uniform Plumbing Code, State Handi- 20 capped Requirements, State Noise and Energy Regulations mandated 21 py the State of Calitornia, as adopted by the City, the design 22 certain designated buildings as defined by the design calcu- 23 Lations, drawings, specifications and reports of the designated 24 buildings and perform rechecks of corrected plans,
25 B. Develop and maintain written lists of corrections 26 needed to have the plans comply with the specified regulations. 27 C. Transmit such correction lists to, and consult
28 with, the City Building Official as necessary, in order to 29 clarify the corrections to be made by the designer of the' 30 building to achieve conformance with regulations.
31 D. Provide City with & letter indicating that, in
32 the Contractor's opinion, the plans have been found to be 600/700•d 929T 099 898 •A TISSE
substantially correct and complete based upon the regulations when the contractor's plan check, or recheck, confirus that the 3 plans are in conformance.
B. The Contractor shall maximize the use of appropriate 5 prose materials, lists of critical code sections, specification 6 sheets and construction detail sheets for incorporation in the 7 applicant's plans and specifications in order to expedite the 8 plan approval process while ensuring that the approved plans are 9 complete.
10 F. Plans to be checked or rechecked will be sent to
thei Contractor by the City on United Parcel Service or other 12 delivery service.
The Contractor shall return checked plans
15 that have been approved as being code complying or furnish the 14 City a list of required corrections necessary to achieve code 15 compliance.
16 SECTION 5 DECISION AUTHORITY OF THE CITY BUILDING
DEFICIAL.
18 The Contractor agrees to perform all work to the
19 satisfaction of the City Building Official and the City Building 20 official has Tinal decision authority to negate or modify any 31 requirements or decisions perceived by the Contractor to be 22 necéssary to achieve compliance with the regulations. :
23 SECTION 6. PERFORMANCE LIAISON AND CRITIQUE
24 The City Building Official will meet, as required,
25 with the Contractor to advise the Contractor of new City or state 26 Legislation that might impact the Contractor's work and to 27 crițique the prior work procedures ard identify areas where 28 modifications to the procedures used by the Contractor and City 29 are: desirable.
30 SECTION I. DUTIES OF CITE
31. The City shall send the Contractor one set of building 32 plans for each project to be checked for compllance by the 600/900•d 929T 099 898 ·0™0 808-z
Contractor, including all calculations, reports and attachments 2 necessary to allow plan checking to commence.
The City shall provide to the Contractor all current
forms and informational passouts, detail sheets, fee calcula- tion sheets and other printed material normally used by City staff in the plan checking process and as attachments to applicant plans to provide construction or specification details or instructions to the applicant.
The City shall be responsible for ensuring compliance
10 with any other laws and ordinances pertinent to proposed build- 21 ing construction excent those technical regulations contained in the four model codes and noise, handicapped and energy regula- 13 tions described and assigned to the Contractor in Section 4 of 14 this document.
15 SECTION 3. TIME LIMIIS FOR CONTRACTOR'S PERFORMANCE
16 the Contractor agrees to perform the work delineated 17 herein with the following time limits:
18 Initial plan check and development of corrections
19 needed for code compliance:
20 Workdays
21 Initial
22 Check Recheck
23 Single family dwelling 7
24 buplex dwelling 7
25 Three to eight unüt dwelling 7 3
26 Wing to thirty-six unit dwelling 10 Б
27 More than thirty-six unit dwelling 15 10
28 non-dwelling projects 15 10
29 SECTION 9. COMPENSATION IO THE CONTRACTOR
30 The City shall calculate and collect the plan checking 31 fee set forth in the appropriate State mandated edition of the 32 Aniform Building Code. The valuation multipliers used for fee 600/900•d 929T 099 898 7078002-77-d
calculation shall be those valuation modifiers published in the International Conference of Building Officials Magazine in their first publication after the beginning of each calendar year with 4 theleflective date of change in valuation moditiers being July 1 5 each calendar year. Valuation modifiers not specifically published in the magazine shall be as agreed upon by the City and Contractor.
The Contractor's compensation shall be eighty persent
9 (80%) of the plan checking lee collected by the City using the 10 above described criteria for calculating the code specified City blan checking fee. For proposed construction of repetitive 12 buildings such as in housing tracts, apartment complexes or 13 industrial tracts, the Contractor's compensation will be as stated above for each basto building plan and the Contractor's 15 compensation for additional identical proposed buildings for 16 which plan check fees are collected at the same time shall be wenty percent (20%) of the plan checking fee collected by 18 the City for each building.
29 City shall reimburse Contractor for prior approved
20 extra work for outside hired computer services utilized in 21 connection with computer checking of structural calculations upon! the presentation of satisfactory evidence regarding these 23 • costs and the City shall recover such costs from the applicant 24 prior to permit issuance.
25 Where plans, and reports attendant to the plans, pro- 26 pose unique engineering criteria beyond the expertise of the 27 Contractor or City staff, then the Contractor reserves the 28 right to obtain expert advice from recognized experts in the 29 particular area of concern with the charges invoiced to the City 30 by the expert to be collected by the City from the applicant 31 Prior to permit issuance. The City shall pay the expert. 32 600/40012 919T 099 898
SECTION 10. TIMELINESS OF PAYMENTS TO THE CONTRACTOR
2 The Contractor shall submit on the 25th work day of
3 cachi month an invoice for the prior month, showing in detail 4 the projects that (1) have been initially plan checked and 5 returned to the City, and (2) data related to other chargeable 6 costs under this contract. The City shall mail or otherwise 7 deliver payment of approved invoiced charges prior to the tenth 8 work day of the following month fron date invoice was submitted.
SECTION 11: CONTRACTOR PERFORMANCE DOCUMENTATION
10 The Contractor shall note on his monthly invoice of
11 work completed (1) the day of week and date the Contractor 12 received each plan for initial plan check and (2) the day of 13 week and date
the the initial plan check was completed by the
14 Contractor.
25 SECTION 12. HOLD HARMLESS AGREEMENT
16 The City, its agents, officers, and employees shall . 17 not be liable for any claims, liabilities, penalties, fines, or 18 damage to goods, properties, or effects of any, person what- any
19 ever, nor for personal injuries or death of any person arising 20 out of or resulting directly or indirectly from any act, error 21 or omission of Contractor or Contractor's agents, employees or 22 representatives. Contractor agrees to indemnily and save tree 23 and barmless the City and its authorized agents, officers, and 24 employees against any of the foregoing liabilities or claims 25 of any kind and any cost and expense that is incurred by the City 26 on account of any of the foregoing liabilities, including Ita- 27 bilities or claims by reason of alleged defects in any plans 28 and specifications, unless the lability or claim is due to the 29 city's negligence.
30 . - - SECTION 13 INSURANCE
31 Contractor shall obtain and maintain a policy of
32 liability insurance from an insurance company authorized to be 600/800 d 949T 099 898
600 d
business in the State el California, in an insurable amount not less than one million dollars ($1,000,000). This insurance shall be in force during the life of this agreement and shall not be cancelled without ten (10 days prior notice to City.
The City shall be named as an additionally insured on
this policy. Contractor shall furnish a certificate of said insurance to City upon request.
i
sa co SECTION 14: WORKING DAY DEFINITION
For the purpose of measuring plan check performance,
10 the working day specified in Section 8 exclude the day the 11 contractor receives the plans txom the City, but includes the 12 ¡the Contractor completes the initial plan check. Workdays. cay
13 40 not include Saturdays, Sundays or City bolidays.
14 SECTION 15. DURATION OF CONTRACT
15 This contract shall remain in force until terminated 16 ¡cause or terminated by the mutual agreement in writing by both parties.
18 SECTION 16- EXTRA WORK
19 contractor, in performing his services, shall not do 20 extra work in excess of this agreement without the written 21 permission of the City or its designated representative. 22 SECTION 17. OPERATIVE DATE
23 The operative date for performance is impediately
24 upon City Council order authorizing execution of this contract. 25 SECTION 18.. EXECUTION OF CONTRACT
26 Pursuant to City Council minute order dated March
27 1981, this contract is hereby executed.
28 IN WITNESS WHEREOF, the parties hereto have executed 29 tbis agreement on the 19th day of March, 1981,
30 CITY OF CALEXICO ESGIL CORPORATION, a
A muniorpal corporatipn California Corporation
32 Richard James Eşgate
By M. Chris Bart, City Manager
President
14506
TANTATTI i laDen Hurldingi Thsp .. /
600/600•d 949T 099 898
ATTACHMENT NO. 2
PLANNING & BUILDING DEPARTMENT
BRE
CALEKICO
CITY OF CALEXICO
REQUEST FOR
PROPOSALS
TO PROVIDE
ON-CALL BUILDING PLAN CHECK AND
INSPECTION SERVICES
NOVEMBER 2025
Proposals shall be submitted electronically via
e-mail to the Planning & Building Director by
5:00 p.m., Thursday, December 4, 2025 at:
City of Calexico
Planning & Building Department
Michael Coyne, AICP, Planning & Building Director
Email: [email protected]
TABLE OF CONTENTS
INTRODUCTION........... ... 1
PROPOSAL SUBMISSION INSTRUCTIONS.. ...2
SCOPE OF SERVICES 2
PROPOSAL REQUIREMENTS.. ... 4
INSURANCE REQUIREMENTS .. 5
EVALUATION CRITERIA.. 5
RIGHT TO REJECT ANY OR ALL PROPOSALS. 6
ENCLOSURES: 1. Professional Services Agreement Template
INTRODUCTION
The City of Calexico (City) Planning & Building Department is requesting proposals from qualified firms to provide building plan check and inspection services on an on-call, as- needed basis for the Planning & Building Department. The consulting services will be administered by the Planning & Building Director. The general scope of services includes supplementing staff in performing examination of plans, calculations, specifications, and reports for residential and commercial building (plumbing, mechanical, electrical, energy, green, structural, architectural, and accessibility) and completing corresponding site inspections.
The City is seeking a consultant agreement for an initial term of three (3) years with optional one (1) year extensions. Compensation of the services is contemplated to be a mutually agreed upon hourly rate fee structure for only the services rendered. The award of the consultant agreement will be made to the most qualified firm based on the responsiveness to this Request for Proposals (RFP).
1 PROPOSAL SUBMISSION INSTRUCTIONS
Submit one (1) original proposal to the place and by the date and time stated on the cover of this RFP. The proposal shall be by electronic mail (email) to the address listed on the cover page with the subject line as follows:
"On-Call Building Plan Check and Inspection Services Proposal" The name and address of the firm shall appear in the body of the email. Proposal in the form of telephone calls, or facsimiles will not be accepted. The City does not recognize the U.S.
Postal Service, UPS, FedEx, or other carriers in determining the date and time the proposal was received.
The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, or sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. LATE PROPOSALS WILL NOT BE ACCEPTED.
Questions
All questions regarding this RFP must be submitted via email to the following contact:
Michael Coyne, AICP
Planning & Building Director
[email protected]
Questions must be submitted at least seven (7) days before the proposal deadline.
Questions submitted after this time will not be responded to.
SCOPE OF SERVICES
The Consultant shall furnish all materials, labor, supervision, and equipment necessary to perform all work required for the consulting services in the City of Calexico in accordance with federal, state, and local laws, rules, and regulations. The services to be provided include those listed below. The services include specific tasks the selected Consultant should be capable of performing:
• Provide Plans Examiner Services on an as needed basis. This service shall consist of • providing a Plans Examiner. The essential duties of the Plans Examiner include the following:
• Plan check plans, calculations, specifications, and reports for residential and commercial building, plumbing, mechanical, electrical, energy, green, structural, architectural, and accessibility. The maximum time for initial plan check is twenty (20) working days excluding transit time to and from City Hall. The maximum time for subsequent plan checks is fifteen (15) working days excluding transit time to and from City Hall.
2 • Prepare Plans Examiner's Report of plan check comments including providing recommendations of conditions of approval and/or mitigation measures. • Participation as needed in meetings of City staff, City Council, and other meetings as requested by the Planning & Building Director.
This service shall not include the plan check of engineering plans, soils engineering and engineering geology reports. The City administers separate agreements for the review of engineering plans, soils engineering and engineering geology reports.
The Plans Examiner must be certified as a California Building Plans Examiner. This is a criterion of the selection process.
• Provide Building Inspection Services. This service shall consist of providing a Building Inspector to supplement City staff on an as needed basis. The essential duties of the Building Inspector include the following:
• Conduct residential and commercial building, electrical, mechanical, and plumbing inspections.
• Monitor the contractor's operations.
Keep City staff informed of work progress and problems. • Prepare daily reports including complete, accurate, and concise records of the work. • Act as the City liaison.
• Ensure the contractor complies with all code requirements, permits, and approvals. • Monitor required tests to assure work quality in conformance with the plans, specifications, and City standards.
• Respond to any contractor questions about plans and specifications. • Work effectively by knowing construction methods and inspection techniques.
This service shall not include the inspection of engineering plans, soils engineering and engineering geology reports. The City administers separate agreements for the inspection of engineering plans, soils engineering and engineering geology reports.
Building Inspector must be certified as a Combination Building Inspector. This is a criterion of the selection process.
• Provide Certified Access Specialist (CASp) Services. This service shall consist of providing a CASp on an as needed basis. The essential duties of the CASp include the following:
• Inspect accessibility of constructed facilities.
• Prepare CASp Inspection Reports in accordance with the Construction-Related Accessibility Standards Compliance Act (CRASCA, Civil Code § 55.51-55.545). A Disability Access Inspection Certificate shall be issued with the CASp Inspection Report.
3 PROPOSAL REQUIREMENTS
The proposal shall demonstrate the qualifications, competence, and capacity of the Consultant to provide the services in accordance with the requirements of this RFP. The proposal shallspecify an approach that will meet the RFP requirements.
The proposal shall contain the information as set forth in this section. Failure to include this information, or an incomplete response, may be cause for disqualification. The proposals will be used to evaluate and select the most qualified firm or firms.
The proposal shall include the following information as a minimum:
• Transmittal cover letter signed by the person or persons authorized to represent the firm. • Executive summary.
• The firm's name, background, and contact person, including corporate office and local office address, city, state, zip code, telephone number, website address, and electronic mail address.
• All existing and past financial relationships including agreements between your firm and proposed sub-consultants, with current Members of the City Council and City staff, and entities for which said members are employed, or have an interest, both past and present. If there are none, the proposal shall clearly state this. The Members of the City Council can be viewed at: https://www.calexico.ca.gov/mayorcouncil • Descriptions of the firm's organization and specific experience and capabilities of the personnel related to the scope of services. Include licenses and affiliations. Résumés for personnel shall be included and attached separately in an appendix to the proposal.
Copies of résumés will not count as part of the page limitation. • A brief explanation of why the firm is best-suited to provide these services, and why participation will make its services successful. The firm's related experience, qualifications, expertise, experience, areas of specialization, and government contracts shall be stated. Provide contact names and phone numbers for at least three (3) relevant contracts listed that will serve as references. • A summary of the firm's approach to the services. Address the scope of services as presented, but include other approaches, items, or considerations; or exceptions and additions. The approach should demonstrate a thorough understanding of the issues that may be anticipated in the services.
• A comprehensive fee schedule shall be included for all building plan check and inspection services that the firm can render. Any per diem, lodging, and/or mileage fees for travel related to onsite inspections shall be included in the fee schedule. • The proposal shall be in PDF format and a maximum of fifty (50) pages (excluding résumés). If the file size is greater than 10MB an electronic file-sharing link shall be provided to access the proposal.
• A proposal may be amended only if the City receives such amendment before the deadline stated herein for receiving 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.
4 INSURANCE REQUIREMENTS
Insurance shall be obtained and maintained at all times during the term of the agreement, and not less than the following coverage and limits of insurance under forms of policies satisfactory to the City:
• Commercial General Liability, limit $2,000,000 per occurrence/$4,000,000 aggregate to cover bodily injury, personal injury, and property damage. • Automobile Liability, limit $1,000,000 per occurrence to cover bodily injury and property damage.
• Workers' Compensation Insurance, Statutory Limits of State of California, including $1,000,000 Employers' Liability.
• Professional Liability (errors and omissions) in the amount of $1,000,000 per occurrence/$2,000,000 policy aggregate.
• Cyber Liability in the amount of $1,000,000 per occurrence and aggregate Proof of insurance shall be submitted before execution of the agreement if proposal is selected by the City. The insurance company shall be an admitted carrier in the State of California with an A.M. Best rating of A-IV or better.
All insurance required pursuant to the agreement shall name the City, its employees, city council members, officers, and agents as additional insureds. • Specific provisions for insurance are set forth in the enclosed agreement template.
EVALUATION CRITERIA
From the proposals received, the City will select the three (3) highest rated firms.
Evaluation of the proposals will be based on the following criteria:
1. The Consultant's qualifications and ability to perform the work as outlined above based on information provided by the Consultant and client references. [25 Points]
2. The Consultant's competitiveness in terms fees for building plan check and inspections services. [25 points]
3. The Consultant's key personnel and sub-consultant's qualifications, knowledge of local conditions and ability to perform the work as outlined in the RFP, based on information provided by the Consultant. [20 Points]
4. The Consultant's responsiveness and availability to City staff, and the ability of the Consultant's key personnel to effectively and efficiently complete as-needed building plan check or inspection task that may be requested by the City. [15 Points]
5. The Consultant's understanding of the Project as demonstrated by its approach, the proposal's responsiveness to the RFP and project needs, and its demonstrated ability to meet the need for as-needed, on-call services. [15 Points] 5 The City will enter into negotiations with the selected firm. Negotiations may result in modifications to the fee schedule. If such negotiations are not successful, the City will then enter into negotiations with the firm or firms receiving the next highest rating. The negotiated fee proposal will be valid for ninety (90) calendar days.
The successful firm is required to obtain insurance, as set forth in the RFP, with an insurer or insurers that are satisfactory to the City. Failure to meet the insurance requirements will result in the Consultant's disqualification. By signing and submitting a proposal, the Consultant is certifying that it has reviewed the City's insurance coverage requirements, and that the said insurance coverages will be obtained and be in force upon execution of the Agreement with the City. The successful firm shall submit a completed certificate of insurance with the signed Agreement.
Failure to respond to the RFP requirements will result in the disqualification of the proposal as non-responsive to the RFP.
The tentative schedule for selection is as follows:
Proposals Due Thursday, December 4, 2025
Selection of Top 3 Firms Thursday, December 11, 2025
Interview of Firms Week of December 15-19, 2025
Award Consultant Agreement Wednesday, January 7, 2026
RIGHT TO REJECT ANY OR ALL PROPOSALS
The City reserves the right to reject any or all proposals or to select the proposal most advantageous to the City. The City reserves the right to verify all information submitted in the proposal. The City reserves the right to amend the RFP or issue a notice of amendment.
The City reserves the right to reject any and all proposals and to waive any informality, irregularity, or technicality in any proposal. The posting of this RFP is not a guarantee that services will be purchased by the City.
The City may reject a proposal from any firm who previously failed to perform properly, or complete on time, contracts of similar nature, or to reject a proposal from the firm who is not in a position to perform such a contract satisfactory. The City may reject a proposal from any firm who is in default of payment of taxes, licenses, or other monies due to the City. No compensation will be made for the cost of preparing any proposal. All submitted materials of a proposal will 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. Evaluations of the proposals will be available for public inspection at the conclusion of the selection process. Submission of a proposal constitutes acceptance of the conditions contained in the RFP unless clearly and specifically noted in the proposal submitted and confirmed in the contract.
6 Enclosure No. 1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CALEXICO
AND
This Agreement is made and entered into as of _by and between the City of Calexico, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 608 Herber Ave., Calexico, CA 92231 ("City"), and _., a California Corporation with its principal place of bunines are hereinafter sometimes reiafter to tered aly a Party and colittiny (hereinafter referred to as "Consultant"). City and as the "Parties."
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
On-Call Building Plan Check and Inspection Services (hereinafter referred to as "the Project").
B Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1 Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2 Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $200,000.00. 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 1 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.
Compensation will be based on rates further expanded in Exhibit B.
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 ortime schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement
a. Adjustments. No retroactive price adjustments will be considered Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit "A," unless the Agreement is previously terminated as provided for herein ("Term").
Maintenance of Records: Audits.
a. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without 2 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.
Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant's performance shall conform in all material respects to the requirements of the Scope of Work.
Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
3 Assignment and SubConsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subConsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent Consultant and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subConsultant to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of Calexico, 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
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.
(i) 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. (i) Commercial General Liability Insurance must include coverage for the following:
4 (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
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.
(V) 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
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. (i) 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).
The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
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
Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured 5 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.
To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subConsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend.
Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
6 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
(i) Defense costs shall be payable in addition to the limits.
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.
Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation orexpiration. (i) 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. (i) 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) 7 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. (N) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subConsultants.
The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
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:VIl and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (i) 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.
The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 8 (N) 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.
1. SubConsultant Insurance Requirements. Consultant shall not allow any subConsultants or subConsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subConsultants 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 subConsultants or subConsultants.
17. Indemnification.
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, subConsultants, Consultants or agents in connection with the performance of the Consultant's services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys' fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the ce a Regions Tie 83 Section 600 389. Prevail
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 9 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 subConsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of Consultants and subConsultants (Labor Code Section 17(7.1). public works" or
Consultant and all subConsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subConsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subConsultants and sub-subConsultants to comply with the same.
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 Imperial, State of California.
21. Termination or Abandonment
City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days' written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled 10 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.
Attorneys' Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney's Office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this Agreement.
Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
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.
Organization. Consultant shall assign as Project
Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
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 11 Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY: CONSULTANT:
City of Calexico
608 Herber Ave.
Calexico, CA 92231
Attn: Benjamin Martinez, City
Manager
With Copy To:
City of Calexico
608 Herber Ave.
Calexico, CA 92231
Attn: City Attorney
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff ortermination.
32. Entire Agreement. This Agreement, including Exhibit "A," represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without 12 the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
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 otherprojects.
Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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.
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.
13 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
"EMPLATE
14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CALEXICO
AND
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF CALEXICO CONSULTANT
APPROVED BY:
Signature
Benjamin Martinez
City Manager
Name
Title
15 EXHIBIT A
Scope of Services
TEMPLATE
16 EXHIBIT B
Fee Schedule
'EMPLATE
17