AGENDA
ITEM
11 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: February 4, 2026
TO: Mayor and City Council
Bu
APPROVED BY: Benjamin A. Martinez, City Manager
REVIEWED BY: Karla Chaparro, Finance Director Le
PREPARED BY: Jesus Villegas, Public Works Director/City Engineer Norma Gerardo, Recreation Manager
SUBJECT: Community Center and Senior Hall Kitchen Upgrade Project No. 2025- 600:
a) Award Bid Proposal and Authorize City Manager to Sign Construction Agreement between the City of Calexico and LZ Construction, Inc. in the Amount of $92,800.00 for-Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600.
b) Authorize City Manager to Approve Any Future Change Orders Not-to- Exceed $9,280.00 (10% of LZ Construction, Inc. Base Bid) as per City Ordinance No. 1218.
c) Reject Bid Proposals from Andrade Construction and TB High Performance due to Non-Responsive Bid
d) Adopt Budget Amendment Resolution for Fund No. 255 in the Amount of $11,480.00 for Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600.
Recommendation:
It is recommended that the City Council of the City of Calexico approve the following items:
a) Award Bid Proposal and Authorize City Manager to Sign Construction Agreement between the City of Calexico and LZ Construction, Inc. in the Amount of $92,800.00 for Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600.
b) Authorize City Manager to Approve Any Future Change Orders Not-to-Exceed $9,280.00 (10% of LZ Construction, Inc. Base Bid) as per City Ordinance No. 1218.
Reject Bid Proposals from Andrade Construction and TB High Performance due to Non-Responsive Bid.
d) Adopt Budget Amendment Resolution for Fund No. 255 in the Amount of $11,480.00 for Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600.
Background:
The Calexico Community Center and Senior Hall are heavily utilized public facilities that serve as key gathering spaces for recreation, community engagement, and senior programming. The proposed upgrades will ensure that both kitchens can continue to support these activities aligning with current public health requirements.
On November 5, 2025, the City Council of the City of Calexico approved the bid documents for Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600 and authorized the Public Works Department to send the project out to bid.
Discussion and Analysis:
On December 11, 2025, the Office of the City Clerk received the following bids:
# Company Base Bid Comments)
LZ Construction, Inc. $92,800.00
2 Andrade Construction $129,382.25 Non-Responsive
3 TB High Performance $148,901.33 Non-Responsive
After reviewing the bid documentation from all bidders, City staff found the following:
1. LZ Construction, Inc.
LZ Construction, Inc., is the lowest responsible bidder and holds the necessary contractor license for said project.
2. Andrade Construction
Andrade Construction prepared the plans for said project; therefore, they cannot engage in or public contracting due to violation of conflict-of-interest rules under Government Code 1097.6.
3. TB High Performance
TB High Performance bid contains a mathematical material or an arithmetic error (see Attachment No. 1). The bid submitted shows a discrepancy of $26,656.91 which is almost 20% of the contract price.
City staff is recommending that the City Council of the City of Calexico award the bid proposal to LZ Construction, Inc. and authorize the City Manager to sign construction agreement with LZ Construction, Inc. in the amount of $92,800.00 for Community Center and SenionHall Kitchen Upgrade Project No. 2025-600.
2 The Community Center and Senior Hall Kitchen Upgrade Project was originally budgeted at $100,000.00 in the current fiscal year as part of the Capital Improvement Program. To date, approximately $90,600.00 remains available after prior expenditures related to asbestos testing, preparation of building plans, and other necessary pre-construction and project development material costs.
Upon receipt and review of contractor bids, staff determined that additional funding is required to fully award and complete the project as recommended. As a result, staff recommends transferring $11,480.00 from an existing ARPA-funded Recreation project, Community Center Ceiling Panels, to a corresponding ARPA-funded Recreation project for Community Center Kitchen Upgrades. This transfer will allow the City to complete the required kitchen improvements.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2025-2026 Revenue
Fund No. 411-91-922-56000-030 $90,600.00
Fund No. 255-91-927-56000-030 $11,480.00
Total $102,080.00
Expenditure
LZ Construction, Inc. (Original Contract) $92,800.00
10% Contingency $9,280.00
Total $102,080.00
Coordinated With:
City Manager's Office.
Finance Department.
Public Works Department.
Recreation Department.
Attachment(s):
1. Bid Tabulation Sheet
2. LZ Construction, Inc. Bid Proposal Form.
3. Andrade Construction Bid Proposal Form.
4. TB High Performance Bid Proposal Form.
5. LZ Construction, Inc. Construction Agreement.
6. Budget Amendment Resolution No. 2026-
1. 121.
3 ATTACHMENT NO. 1
CITY OF CALEXICO
PUBLIC WORKS DEPARTMENT
OFFICIAL BID TABULATION SHEET
Bid Opening Dec. 11, 2025 at 2:00p.m.
Location City Hall, Councit Chambers, 608 Heber Ave, Calexico, CA LZ Construction, inc. Andrade Construction TB High Performance TB High Performance Item Description Total Price Total Price Total Price Bid Schedule Cost for mobilization, demolition and hauling of construction and materlal waste excluding Items B, C, D and E $ 7,000.00 S 23,215.63| $ 23,539.20 Cost of obtaining all the necessary permits and fees required by the City of Calexico Bullding/Planning Department and/or County agencies but excluding Items A, C, D and E $ 2,000.00 S 1,000.00 6,130.00 For all labor, materials, and equipment for Community Center Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, Dand E $ 60,000.00 $ 54,588.48 $ 29,407.80
For all tabor, materials, and equipment for Senior Hall Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, Instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, C and E $ 3,800.00 $ 23,395.06 $ 68,618.20 For all labor, materlal and equipment for
asbestos abatement for Community Center Kitchen Upgrade Including all demolition, civll, structural, mechanical, electricat, Instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, Cand D $ 1 20,000.00 S 27,183.08| $ 47,863.04 92,800.00 129,382.25 175,558.24$ 148,901.33
Discrepancy Error in the Bid Schedule
CITY OF CALEXICO
OFFICE OF THE CITY CHERK
BID TABULATION
Bid: Community Contor and Senior Hall Kitchen Upgrade
Project No. 2025-600
Dept.: Public Works
Date: December 11, 2025
Time: 2:00p.m.
Location: Council Chambers, City Hall, 608 Heber Avenue, Calexico, CA
COMPANY TOTAL AMOUNT OF BID
12. Construction Inc. $92,80090
25 Andeade Construction #129,382.°
TB Hish Peeformance $148, 901.33
12/11/2025
Veronica IL. Alvarado, City Clerk Date
ATTACHMENT NO. 2
BID SCHEDULE
ITEM A: Cost for mobilization, cemolition and hauling of construction and material waste excluding Items B, C, Dand E the lump sum of
Seven Thousand
_Dollars $7,000.00
ITEM B: Cost of obtaining all the necessary permits and fees required by the City of Calexico Building/Planning Department and/or County agencies but excluding items A, C, Dand E the lump sum of
_Two Thousand
Dollars $2:000.00
• ITEM C: For all labor, materials, and equipment for Community Center Kitchen Upgrade including all derolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, D and E the lump sum of Sixty Thousand
_Dollars $ 60,000.00
ITEM D: Forall labor, materials, and equipment for Senior Hall Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, C and E the lump sum of _Three Thousand Eight-Hundred.
_Dollars $_$3,800.00
ITEM E: Forall labor, material and equipment for asbestos abatement for Community Center Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, Lump sumen sand appurtenances as shown and specied but excluding tems A, B, and D the Twenty Thousand
_Dollars $ 20,000.00
TOTAL AMOUNT OF BID
Sums of Items A, B, C, D and E for the amount of _
Ninety Two Thousand Eight-Hundred
- Dollars $92,800.00
1.00 - The undersigned hereby acknowledges the receipt of the following addendum:
None X :No.2 .; No. 2_ ; No. 3 _; No. 4 ; No. 5.
2.00 - The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation. •
3.00-The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated clamages.
4.00 - The undersigned hereby certifles that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name offirm:_J.Z Construction, Inc.
Address offirm: 5247 Lack Road, Brawley, CA 92227
Telephone number: 760) 335-8479 Fax number: (.)
Contractor's license number: 1077529 Type: B-General Contractor Signed: _Date: 12/3/2025
END OF PROPOSAL/BID FORM
17 ATTACHMENT NO. 3
BID SCHEDULE
ITEM A: Cost for mobilization, demolition and hauling of construction and material waste excluding Items B, C, D and E the lump sum of Sisteen
Twenty three thousond two hundred
_Dollars $ 23, 215•63:
ITEM B: Cost of obtalning all the necessary permits and fees required by the City of Calexico Bullding/Planning Department and/or County agencies but excluding Items A, C, D and E the lump sum of i00
Oh e thussond
Dollars $ 51000°
For all labor, materials, and equipment for Community Center Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and _Dollars $ 54, 588. 48
For all labor, materials, and equipment for Senior Hall Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and -Dollars $ 23,325-06.
ITEM E: For all labor, material and equipment for asbestos abatement for Community Center Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, Cand Dithe Jump sum of
twenty seven thousond one hundred eighty three too
Dollars $ 27, 183.08°
TOTAL AMOUNT OF BID
1.00 - The undersigned hereby acknowledges the receipt of the following addendum:
None X _; No. 1, ; No.2_ _: No. 3 : No. A _; No. 5
2.00- The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation. 46 3.00 - The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 - The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Nameoffim: Andrade Acquisitions da Andrade Construction Address offirm: 334. Pheasant it. Heber CA. 92249
Telephone number: (510 5041-6641 Fax number: (.).
106054 _Type:_ B
Contractor's license number:..
Date: 12-10-2S.
Signed:
END OF PROPOSAL/BID FORI
47 ATTACHMENT NO. 4
BID SCHEDULE
ITEM A: Cost for mobilization, demolition and hauling of construction and material waste excluding Items B, C, Dand E the lump sum of
Twenty-three Thousand five Hundred Thirty-nine Dollars and twenty cents _Dollars $ 23,539.20
ITEM B: Cost of obtaining all the necessary permits and fees required by the City of Calexico Building/Planning Department and/or County agencies but excluding Items A, C, D and E the lump sum of
Six Thousand One Hundred Thirty Dollars
_Dollars $_6,130.00
ITEM C: For all labor, materials, and equipment for Community Center Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified buc excluding Items A, B, D and E the lump sum of Twenty-nine thousand four hundred seven dollars and eighty cents _Dollars $.. 29,407.80
For all labor, materials, and equipment for Senior Hall Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, C and E the lump sum of Sixty-eight thousand, six hundred eighteen dollars and twenty cents.
Dollars $_68,618.20
ITEM E: For all labor, material and equipment for asbestos abatement for Community Center Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, Cand D the lump sum of
Forty-seven thousand eight hundred sixty-three dollars and four cents Dollars $47,863.04
TOTAL AMOUNT OF BID
Sums of Items A, B, C, D and E for the amount of
One hundred forty-eight thousand nine hundred one dollars and thirty-three cents _Dollars $_148,901.33
1,00 - The undersigned hereby acknowledges the receipt of the following addendum:
NoneX _ No. 1_ No. 2 _ No. 3 _; No. 4 ; No. 5
2.00 - The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation. 46 3.00 - The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 - The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm: TB High Performance Construction Inc.
Address of firm: 1023 Third Ave Chula Vista 91911
Telephone number: (619) 476-8631 Fax number: (..)
Contractor' slicense number: m- _Type: B
Date:_ 12/9/2025
END OF PROPOSAL/BID FORM
47 ATTACHMENT NO. 5
CONSTRUCTION AGREEMENT
CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this 4* day of February, 2025, by and between the City of Calexico, a Municipal Corporation of the State of California ("City") and LZ Construction, Inc. ("Contractor").
The City and the CONTRACTOR for consideration stated herein agree as follows:
1. Description of Project
CONTRACTOR shall provide for the Community Center and Senior Hall Kitchen Upgrade in accordance with the Invitation for Bids.
2. Description of Work
2.1 CONTRACTOR shall furnish all of the labor, tools, equipment, and services required to perform all of the work in connection with the construction of Street Improvement Project in accordance with the invitation for Bids, incorporated by reference as though fully set herein. Said construction shall be in accordance with the 2010 California Department of Transportation Standard Plans, Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage rates dated 2025. Said invitation for bids, Standard Plans, Standard Specifications, Labor Surcharge and Equipment Rental Rates, and General Prevailing Wage Rates are as fully a part of the Agreement as if hereto attached or herein repeated.
2.2 The work to be performed under this Agreement shall conform to the plans entitled "Community Center and Senior Hall Kitchen Upgrade", incorporated herein as fully a part of this Agreement as if hereto attached or herein repeated.
3. Time for Completion
The work shall be commenced on the date stated in Notice to Proceed, and shall be completed within the allotted working days after the date stated in such Notice.
4. Compensation
4.1 City will pay the CONTRACTOR for the performance of this Agreement according to the terms and conditions contained in the Project's Invitation for Bids and Proposal or bid submittal by CONTRACTOR. CONTRACTOR will take full payment in accordance with the following item prices incorporated as part of the proposal or bid submitted by CONTRACTOR. 4,2 CONTRACTOR agrees to receive and accept said compensation as full payment for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by CITY and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well andifaith fully completing the work in the manner and according to the plans and specification, and the requirements of the CITY Engineer. This provision in no way limits the CONTRACTOR's duties under other provisions herein.
50 5. Industry Standards
The CONTRACTOR agrees that is performance, and that of its employees or subcontractors, under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent contractor using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field in the State of California. Where approval by the CITY, the CITY Manager, or other representatives of the CITY is required, it is understood to be general approval only and does not relieve the CONTRACTOR of responsibility for complying with all applicable laws, codes and quality construction and business practices.
6. Insurance
The CONTRACTOR shall not begin performing under this Agreement until it has: (a) obtained insurance certificates reflecting evidence of all insurance required herein; however, the CITY reserves the right to request, and the CONTRACTOR shall submit, copies of any policy upon reasonable request by the CITY; (b) obtained CITY approval of each company or companies as required herein; and (c) confirmed that all policies contain the specific provisions required herein.
Further the CONTRACTOR shall not modify any policy or endorsement thereto which increases the CITY'S exposure to loss for the duration of this Agreement.
6.1 Types of Insurance.
At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability
For all of the CONTRACTOR's operations, including contractual, broad form property damage, completed operations, and independent CONTRACTOR's liability, the CONTRACTOR shall keep in full force and effect, during any and all work on this Project, all applicable insurance to cover personal injury, bodily injury and property damage, providing coverage to a combined single limit of $1,000,000 per occurrence, subject to an annual aggregate of $2,000,000 for general liability, completed operations and personal injury other than bodily injury. Agreementual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. Agreementual liability limitation endorsement is not acceptable.
6.1.2 Commercial Automobile Liability
For all the CONTRACTOR's automobiles including owned, hired and non-owned automobiles, the CONTRACTOR shall keep in full force and effect, automobile insurance for bodily injury and property damage providing coverage to a combined single limit of $1,000,000 per occurrence.
Insurance certificate shall reflect coverage for any automobile [any auto]. The CITY shall be named as an additional insured, but only for liability arising out of the use of CONTRACTOR's automobiles and only arising out of the performance of this Agreement. der
51 6.1.3 Worker's Compensation
For all of the CONTRACTOR's employees who are subject to this Agreement and to the extent required by the State of California, the CONTRACTOR shall keep in full force and effect, a workers compensation policy. That policy shall provide a minimum of $1,000,000 of employees liability coverage and the CONTRACTOR shall provide and endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
6.2 Rating Requirements
All bonds used to guarantee work and performance under this Agreement and all insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been at least and "A" or "A." and "V" rating by AM BEST, that are licensed and approved by the State to do business in the State of California, and that have been approved by the CITY.
6.3 Deductibles
All deductibles on any policy shall be the responsibility of the CONTRACTOR.
6.4 Specific Provisions Required
Each policy required under Section 6 herein, shall expressly provide, and an endorsement shall be submitted to the City, that:
6.4.1 Except as to Workers Compensation, the City of Calexico and is respective elected officials, officers, employees, agents, and representatives shall be named as additional insureds. The CITY's Additional Insured status must be reflected on additional insured endorsement which shall be submitted to the CITY.
6.4.2 The policies are primary and any insurance that may be carried by the CITY is non- contributing, as reflected in an endorsement which shall be submitted to the CITY.
6.4.3 The policies cannot be canceled, non renewed or materially changed except after thirty calendar days prior written notice by the CONTRACTOR to the CITY by certified mail, as reflected in an endorsement which shall be submitted to the CITY except for non-payment of premium, in which case ten (10) days notice will be provided.
6.4.4 Before performing under this Agreement, the CONTRACTOR shall provide the CITY with all Certificates of Insurance accompanied with all endorsements.
6.4.5 The CONTRACTOR may obtain additional insurance not required by this Agreement.
Agreementor Compliance with Labor Code
CONTRACTOR certifies that he is aware of the provisions of Section 3700 of the Labor Code which requires'every employer to be insured against liability for Worker's Compensation or to undertake 52 self insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Agreement.
8. Control of Agreement
The improvement contemplated in the performance of this contract is a project over which the City of Calexico shall exercise general supervision. The CITY therefore shall have the right to assume full and direct control over this contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the State of California so requires.
9. Conflicting Terms
If an apparent conflict or inconsistency exists between the main body of this Agreement and the bid, proposal or other incorporated document, the main body of this Agreement shall control. If a conflict exists between applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirements shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
10. Indemnification and Hold Harmless Agreement
10.1 With respect to any liability, including but not limited to claims asserted or costs; losses, attorney fees (for attorney of CITY's choosing), or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the CONTRACTOR, or the CONTRACTORS's employees, agents, and officers, arising out of any services performed involving this project, the CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the CITY, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the CITY, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the CONTRCTOR, its employees, agents or officers, orany third party. The CONTRACTOR's duty to defend, indemnity, protect and hold harmless shall not include any claims or liabilities arising from the soles negligence or sole willful misconduct of the CITY, its agent, officers or employees. This section in no way alters, affects or modifies any of CONTRACTOR's other obligations and duties herein.
10.2 The CONTRACTOR agrees to pay any and all costs the CITY incurs enforcing the indemnity and defense provisions herein.
11. Notices
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose af this Agreement, unless otherwise agreed in writing, notice to the parties herein shall be addressed as follows: RAC
53 CITY CONTRACTOR:
City of Calexico LZ Construction, Inc.
Public Works Department 5247 Lack Road
608 Heber Avenue Brawley, CA 92227
Calexico, CA 92231
12. Non-Assignment
The CONTRACTOR shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the CITY'S prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the CITY. In no event shall any putative assignment create a contractual relationship between the CITY and any putative assignee.
13. Independent Agreementors
The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents of the CITY.
14. Compliance with Controlling Law
The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state and local governments applicable to this Agreement, including California Labor Code section 1720 relating to the payment of prevailing wages, including inspection and land surveying work.
In addition, the CONTRACTOR shall comply immediately with all directives issues by the CITY or its authorized representatives under authority of any laws, statures, ordinances, rules or regulations.
The laws of the State of California shall govern and control the terms and conditions of this Agreement.
Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the CITY has ascertained that the CONTRACTOR shall be responsible for paying prevailing wages as established by the State of California, Director of Industrial Relations. Under Section 1776 of the State Labor Code, the CONTRACTOR, and all subcontractors, are required to keep accurate payroll records. This Section specifies the content thereof, inspection and duplication procedures, and certain notices required of the CONTRACTOR pertaining to their location.
Whenever the CONTRACTOR or any representative, agent or employee Of CONTRACTOR performing a public works project is found by the Department of Industrial Relations ("DIR") or the CITY to be in violation of the prevailing wage requirements imposed by law, the CONTRACTOR shall indemnify and hold CITY harmless from any and all liability arising from such violation, including any and all liability imposed on the City. The CONTRACTOR's duty to indemnify the CITY pursuant to this sectiondshall include any and all costs and expenses incurred by the CITY therefrom, including but not limited to any penalties imposed on the CITY by DIR or any other state agency and reasonable attorney's fees.
54 Nothing in this section shall be construed to limit, alter or amend the CONTRACTOR's duty to indemnify under any other provisions of this Agreement.
15. Jurisdiction and Venue
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of the Imperial, State of California.
16. Integration
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to both Parties. All prior negotiations and agreements are merged into this Agreement.
17. Counterparts
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page.
18. No Waiver
No failure of either the CITY or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
19. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. . 3•
55 IN WITNESS WHEREOF, the parties hereto through their agent duly authorized, have executed this Agreement as of the day and year first above written.
ATTEST:
VERONICA L. ALVARADO BENJAMIN A. MARTINEZ
City Clerk of the City of Calexico City Manager of the City of Calexico
CONTRACTOR
By _
Signature Date
Printed Name and Title
Licensed in accordance with an act
Providing for the registration of contractors,
License No.
APPROVED AS TO FORM AND EXECUTION
CARLOS CAMPOS Date
City Attorney
END OF CONSTRUCTION AGREEMENT
56 ATTACHMENT NO. 6
BUDGET AMENDMENT RESOLUTION NO.
BUDGET AMENDMENT RESOLUTION OF THE CITY COUNCIL
E1/12 OF THE CITY OF CALEXICO AUTHORIZING AN AMENDMENT
TO THE FINAL BUDGET FOR FISCAL YEAR 2025-26
TALEKILO
WHEREAS, the Final Budget for Fiscal Year 2025-26 was adopted by Resolution No. 2025-24 of the City Council on June 30, 2025; and
WHEREAS, the City Council has authorized the amendment of the Final Budget, in accordance with proper governmental accounting and financial reporting practices; and
NOW THEREFORE, the City Council of the City of Calexico hereby resolves and authorizes the following action(s) AMENDMENTS TO ADOPTED BUDGET:
1) Record Revenue Estimates(s)
Fund No. Department Division Account Sub-Account Amount Total $0.00
2) Record Appropiation(s)
Department Division/ Project/ Account Name Account Sub-Account Amount Fund No. Project
Total $
3) Record Transfer of Funds:
FROM:
Division/ Project/ Account Name Account Sub-Account Amount Fund No. Department
Project
255 91 927 Comm Cntr Ceiling Panels 56000 023 $ 11,480.00 Total $ 11,480.00
TO:
Division/T Project/ Account Name Account Sub-Account Amount Fund No. Department
Project
255 91 927 Rec Kitchen Improvements 56000 030 11,480.00 Total 11,480.00
4) Purpose of Budget Amendment:
To cover for expenses related to the Community Center's Kitchen Improvements Project.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calexico at the regular meeting this 4th day of February, 2026.
Victor Legaspi, Mayor
ATTEST:
Veronica Alvarado, City Clerk
APPROVED AS TO FORM:
CARLOS CAMPOS, City Attorney
STATE OF CALIFORNIA)
CITY OF CALEXICO SS.
COUNTY OF IMPERIAL)
I, Veronica Alvarado, City Clerk of the City of Calexico, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 2026-_ was duly adopted by the City Council at a meeting of said City Council held on the 4th day of February, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Veronica Alvarado, City Clerk
City of Calexico
..L