2 The City received proposals from twelve (12) different consultant firms. All of these firms met the requirements of the RFP. For this reason, staff is recommending that we contract with all of the firms due to the “as-needed” nature of the project work.
Fiscal Impact:
No fiscal impact at this time.
Coordinated With:
City Manager’s Office.
Public Works Department.
Attachment(s):
1. List of Selected Consultants.
2. Request for Proposals for On-Call Engineering, Plan Check, Surveying, Inspection Services, Geotechnical, Landscape and Architectural Design Services. 3 ATTACHMENT 1
List of Selected Consultants
CITY OF CALEXICO
PUBLIC WORKS DEPARTMENT
LIST OF SELECTED CONSULTANTS
COMPANY NAME SUBCONSULTANTS SERVICES
Sierra Material
Testing & Inspections
• Geotechnical Services
• Testing Services
• Materials Testing
• Groundwater Studies
• Foundation Design Evaluations
• Construction Material Services
• Construction Management Services
• Structure & Utility Scanning
Bureau Veritas North
America, Inc.
• Grading (Mass/Rough, Precise)
• Soils Report Reviews (as they pertain to
other Plans submitted for review)
• Sewer, On-site (Private) & Off-site
(Public)
• Water, On-site (Private) & Off-site
(Public)
• Storm Drain, On-site (Private) & Off-site
(Public)
• Hydrology Reports
• SWPPP’s (Storm Water Pollution
Prevention Plan)
• LID (Low Impact Development)
• Parcel/Tract Maps
• Condominium Plans
• Easements
• Lot Line Adjustments
• Mapping and/or Surveying Reviews
CR Associates Dudek, Inc
Dynamic Consultant
Engineers, Inc. (DCE)
Twining, Inc.
Spurlock Landscape
Architects
Parsons, Inc.
Ardurra, Inc.
Aark Engineering, Inc.
• Civil Engineering and DesignTraffic
• Engineering DesignTraffic Calming
• Planning & DesignTraffic Operations and
Simulation
• Active transportation Planning, Analysis,
& Design
• Multimodal Planning, Analysis, & Design
• Mobility/Circulation Element Planning
• Transit Planning, Operations & Design
• Stormwater Planning & Utility Design
• Environmental Documentation &
Permitting
• Landscape Architecture
• Geotechnical Engineering and Design
• Structural Engineering
• Water and Wastewater Treatment
• Water and Wastewater Conveyance
• SCADA & Electrical Design
• Inspection for Water and Wastewater
facilities
• Parking Assessment and Demand
Management
• Curbside Management
• Transportation Impact Fee Program
Development
• Transportation Impact Studies
• Public Outreach
• Grant Writing
LC Engineering
Consultants, Inc.
• Civil engineering
• Site Plan Preparation
• Construction Staking
• Surveying
• Improvement Construction Inspection
• As-Built Plans
• Planning
• Tentative and Final Maps
• Variances
• Lot Line Adjustment
• Parcel Maps
• Specific Plans
Dynamic Consulting
Engineers
• TYPSA, Inc. • Civil Engineering Design
• Land Surveying
• Engineering & Land Surveying Plan
Checking
• Planning & Permitting
• Water Resources / Sewer Collection
System / Storm Drain Engineering
• Construction Management & Inspections
• Structural Engineering
• Land Development
The Holt Group Inc. • Plan Checking Services
• Design Services
• Construction Management & Inspections
Services
• Reports & Studies
• Preparation of Records of Surveys,
Easement Acquisition, Right of Way
Acquisition, etc.
• Surveying
• Miscellaneous Engineering Services
Landmark
Consultants, Inc.
• Geotechnical Investigation
• Foundation Design
• Pavement Design
• Geotechnical Instrumentation
• Exploration Drilling
• Soil Stabilization
• Faulting and Seismicity Studies
• Foundation Inspection
• Liquefaction Analyses
• Slope Stability Analysis
• Dewatering Studies
• Geothermal Field Ground Movement
Studies
• Landslide Investigation and Remediation
• Litigation Support
• Grading Observation & Testing
• Compaction Testing
• Pile Driving Inspection
• Pile Load Testing
• Aggregate Testing
• Portland Cement Concrete Testing
• Asphaltic Concrete Testing
• Special Inspections (ICC)
Nicklaus Engineering,
Inc.
• JOL Enterprises,
Inc. (JOL)
• Norris Design
(NORRIS)
• Desert Surveying
& Engineering
PLLC (DS&E)
• Sierra Material
Testing Services
& Inspection, Inc.
• Civil Engineering
• Construction Management
• Architecture
• Environmental Engineering
• Mechanical Engineering
• Geotechnical Engineering
• Surveying
Desert Surveying
Engineering
• Tentative Maps
• Parcel Maps
• Final Subdivision Maps
• Grading and Improvements Plans
• Utility Plans
• Record of Surveys Plats
• Lot Line Adjustment Plans
• Legal Descriptions for easements and
Grants of Right of Way
• ALTA Surveys
KAD Engineers &
Surveyors
• Boundary Surveys
• Topographic Surveys
• ALTA/NSPS Land Title Services
• Construction Staking
• As-Built Surveys
• GPS & Conventional Surveys
• Record of Survey Preparation
• Parcel Maps & Final Maps Support
• Legal Description & Exhibits
• Elevation Certificates
• Lot Line Adjustments
• Easement & Right-of-Way Mapping
• Construction Support Services
• Map & Plan Checking Support
Calvada Surveying,
Inc.
• Tract and Parcel Map Checking
(Subdivision Map Act compliance,
closure, title report verification)
• Lot Line Adjustment and Lot Merger
Review and Preparation
• Boundary Surveys and Monument
Perpetuation
• ALTA/NSPS Land Title Surveys
• Topographic and As-Built Surveys
• Construction Staking (roadway, utility,
grading, structure)
• Right-of-Way Engineering and
Easement/Legal Description Preparation
• GPS/GNSS Geodetic Survey Networks
with California Coordinate System ties
• High-Definition 3D Laser Scanning
TYPSA, Inc. • LandMark
Consultants, Inc.
(Geotechnical)
• Dynamic
Consulting
Engineers
(Survey and Field
Services)
• Civil Engineering / Roadway / Site Plans
• Traffic
• Bridge / Retaining Walls
• Plan Check Services
• Landscape Architect
• Hydrology / Hydraulics / Drainage
• Environmental (Permitting / Compliance)
• Survey/ Map Check
• Pavement / Geotechnical
• Construction Inspections
• Subsurface Utility Engineering
• Utility Coordination
• Bid Support / Cost Estimating/
Construction Management
• NPDES/WQMP/SWPPP
• Water / Wastewater
4 ATTACHMENT 2
Request for Proposals for On-Call Engineering,
Plan Check, Surveying, Inspection Services,
Geotechnical, Landscape and Architectural Design
Services.
CITY OF CALEXICO
REQUEST FOR PROPOSALS NO. 2026-200
FOR
ON CALL ENGINEERING, PLAN CHECK,
SURVEYING, INSPECTION SERVICES,
GEOTECHNICAL, LANDSCAPE AND
ARCHITECTURAL DESIGN SERVICES
Public Works Department
608 Heber Avenue
Calexico, CA 92231
760/768-2160
www.calexico.ca.gov
March 30, 2026
2 CITY OF CALEXICO
PUBLIC WORKS DEPARTMENT
Table of Contents
I. Background 3
II. Project Description 3
III. Scope of Work 4
A. Design Engineering, Plan Check, Surveying, Inspection Services, 4 Geotechnical, Landscape, and Architectural Design Services 4 B. Construction Management Services Include But Are Not Limited To: 5
1. Planning, Design, & Pre-Construction Phase 5
2. Construction & Delivery Phase 6
C. Map Check and Lot Line Adjustment Services 7
D. Work Flow Methodology for Plan Checking Services 8
E. Task Sequencing for Scope 8
IV. Requirements 9
V. Proposal Content and Information 9
VI. Selection Criteria 11
VII. Selection Process 11
VIII. Responsibilities of the City of Calexico 12
IX. Requested Submittal 12
X. Sealed Fee Schedule 13
XI. Staffing Minimum Requirements 13
Appendix A – Proposal Evaluation Form 14
Appendix B – Agreement for Profession Services 15
3 CITY OF CALEXICO
REQUEST FOR PROPOSALS
ON CALL ENGINEERING, PLAN CHECK, SURVEYING, INSPECTION SERVICES,
GEOTECHNICAL, LANDSCAPE AND ARCHITECTURAL DESIGN SERVICES I. Background
The City of Calexico Public Works is requesting proposals from qualified engineering professionals to provide on-call engineering, plan check, surveying, inspection, geotechnical, landscape and architectural design services. These services will be on an intermittent basis. The successful bidder must review plans for conformance with conditions of approval along with local and other applicable (City, County, State and Federal) ordinances and standards.
The purpose of the Request for Proposal ("RFP") is to provide the Public Works with the ability to obtain assistance quickly during peak workload periods, staffing absences and when expedited/fast track support is needed to satisfy City of Calexico customers. An important objective is to maintain a level of high-quality engineering, plan check, surveying, inspection services, geotechnical, landscape and architectural design services and workflow methodology in the most cost-effective manner possible.
Qualified entities are invited to submit written proposals for consideration in accordance with this request. These services will be conducted under a contract with the City of Calexico, hereinafter referred to as "the City." The engineering consultant entity is hereinafter referred to as "the Consultant."
The contract will be regulated according to the provisions of all Federal, State and local laws and ordinances that are applicable. This includes compliance with prevailing wage rates and their payment in accordance with the California Labor Code.
II. Project Description
The Consultant shall provide all necessary on-call engineering, plan check, surveying, inspection services, geotechnical, landscape and architectural design to the City. It is the intention of the City to select and contract with more than one (1) consultant for these services. The selected firm(s) will provide on-call engineering, plan check, surveying, inspection services, geotechnical, landscape and architectural design services that include but are not limited to those listed in Section III, "Scope of Work." The City will assign work to any of the firms as is deemed necessary and appropriate by the City. All work shall be performed under the direction of a licensed architect, registered engineer or registered land surveyor with the State of California.
No subcontractors shall be utilized without prior authorization by City. Duration of contract shall be three (3) years from Council approval of contract with the option by both City and Consultant, by mutual agreement, to extend for up to one (1) two (2) year extension. 4 PROPOSED SCHEDULE OF EVENTS
Issue Request for Proposal March 30, 2026
Proposal Deadline April 21, 2026 at 2:00 p.m.
Consultant Interview/Selection Week of April 27, 2026
Award Contracts May 06, 2026
Kick-Off Meeting TBD
III. Scope of Work
This scope of work is to provide on-call engineering, plan check, surveying, inspection, geotechnical, landscape, and architectural design services to the City of Calexico Public Works Department in accordance with all provisions within this RFP. These services will be on an intermittent basis. The general scope of work includes but is not limited to engineering review and plan check for correctness of plans, design calculations and technical specifications related to materials for proposed improvements, development of correction lists, technical review and compliance of lot line adjustments, lot mergers, tentative maps and final maps, and transmittal of correction lists to the City.
The scope also provides for preparation of various plans, surveys, specifications, estimates and studies/reports for a wide variety of federally-funded and/or locally-funded projects including road and bridge transportation projects, grading and drainage improvement projects, underground water, sewer and/or storm drain utility projects, water and sewer plant projects.
The scope shall also provide for other as-needed professional architect or engineering design and inspection services to assist the City.
The Construction Manager, from the inception of the project, is there to provide a cohesive planning delivery effort and to act on the owner's behalf. The construction management scope of services is divided into two main categories: (1) the planning, design and pre-construction phase and (2) the construction and delivery phase.
Meetings with the client may or may not be required at the option of the City and will be determined on a case-by-case basis. Prior to approval of the submitted plans, the consultant firm will certify in writing that the design is in substantial compliance with applicable local, State and Federal requirements. Ultimate responsibility for errors/omissions of plans and specifications will continue to rest with the originating design firm in accordance with local, State and Federal law. The selected firm(s) may assist the City with various engineering assignments including but not limited to:
A. Design Engineering, Plan Check, Surveying, Inspection Services, Geotechnical, Landscape and Architectural Design Services
• Provide geotechnical engineering services and survey services necessary for the required scope of work.
• Review and/or preparation of landscape architectural plans, specifications and cost estimates including landscaping and irrigation plans, site furnishings and layout plans. 5 • Review for completeness of developer application and submittals. • Review and/or preparation of grading improvement plans (mass, rough and precise). • Preparation of Phase I and II site investigation and soils reports, including field exploration, drill test borings, sample soils, compacting testing, and laboratory tests.
Laboratory shall be Caltrans and/or AASHTO certified.
• Review and/or preparation of storm drain improvement plans. • Review and/or preparation of hydrology and hydraulic reports to ensure conformance with storm drain plans.
• Review of Federal and State-mandated reports required under the NPDES and AQMD guidelines.
• Review and/or preparation of traffic plan (signing and striping plans, traffic detour and traffic staging plans, as well as signals).
• Review and/or preparation of traffic studies/reports to ensure conformance with traffic plans.
• Review and/or preparation of street improvement plans. • Review and/or preparation of domestic or raw water improvement plans. • Review and/or preparation of water improvement design studies to be in conformance with water improvement plans.
• Review and/or preparation of sewer improvement plans. • Review and/or preparation of water and sewer pressure and capacity calculations and reports.
• Review and/or preparation of water treatment plant improvements. • Review and/or preparation of wastewater treatment plant improvements. • Review and/or preparation of tract and parcel maps.
• Review and/or preparation of supporting documentation for tract and parcel maps. • Review and/or preparation of lot line adjustment.
• Review and/or preparation of lot mergers.
• Review and/or preparation of structure calculations.
• Review and/or preparation of engineering quantity estimates and costs. • Review of engineer's cost estimate for related items of work for bonding purposes. • Review plans for consistency with other planned improvements. • Field and construction inspection services.
• Land surveying and map/easement or legal description preparation. • Preparation of fair share reimbursements and calculations for future development. • Development of engineering design standards and guidelines to help with the plan checking process.
• Architectural design and remodeling and landscape design.
B. Construction Management Services Include But Are Not Limited To:
1. Planning, Design & Pre-Construction Phase
• Assist the architect/engineer in defining the owner's needs and setting the project criteria. • Providing a value/cost analysis to both the owner and architect/engineer. 6 • Advising the owner of construction methods, materials and structural components as the project plan matures.
• Budgeting and cost estimating and preparation of preliminary construction schedules. • Bid packaging and coordination with the architect/engineer. • Identification of long lead time construction items.
• Quality control and constructability reviews of a project's plans and specifications. • Bid assessment and qualifying.
• Help determine awarding of contracts.
• Contract review and execution.
2. Construction & Delivery Phase
• Providing on-site construction administration, supervision and coordination. • Providing various inspections and construction quality control as required for the given public works project.
• Scheduling and conducting all job site and construction meetings. • Developing and maintaining construction schedules.
• Maintaining cost accounting and cost control records. • Reviewing with the owner and architect/engineer the monthly status reports, including these areas:
o Cost vs. budget.
o Construction progress vs. schedule.
o Change order summary.
o Quality of workmanship review.
• Processing change orders initiated by the owner.
• Preparing punch lists in advance of completion and establishing management systems for correction of any deficient work by the appropriate contractor. • Arranging for inspections by the appropriate governing authorities. • Coordination with all stakeholders involved with a construction project including but not limited to contractors, Caltrans, Imperial Irrigation District, County of Imperial, the Air Pollution Control Board, City of Calexico, Southern California Gas Company, Time Warner Cable, AT&T, State Department of Fish and Game and any other various public or private entities.
• Monitoring adherence to safety programs & coordinating all safety requirements. • Coordinating all general condition items including temporary facilities. • Assisting the owner/architect/engineer with selection of the surveyor, testing labs and specialty inspection consultants and coordinating work associated with said personnel and/or firms.
• Obtaining for the owner all building equipment, operating manuals and warranty information, and coordinating startup of the building systems with operational personnel. • Obtaining for the owner as-built drawings for the architect/engineer and contractors. • Finalizing accounting on construction contracts, recommending retainage release, and obtaining final lien waivers and processing of Notice of Completion. • Coordinating contractor warranty work as required during the warranty period. 7 • Assisting the owner in occupancy, equipment startup and systems operations through the appropriate suppliers and trades.
C. Map Check and Lot Line Adjustment Services
Tract and parcel maps are to be reviewed under the supervision of a licensed land surveyor in the State of California for the procedure of survey review, mathematical closure, and compliance with the Subdivision Map Act, the Land Surveyor's Act, the approved tentative map, the approved conditions of approval and a current title report. • The reviews include, but are not limited to:
o The review of survey documentation.
o Lot and boundary closure calculations.
o Dedications and easement provisions.
o Legal descriptions and completeness and accuracy of data notation. o Tentative Maps.
o Final Maps.
• Some of the specific items that are reviewed or checked are as follows:
o Title sheet information.
o Current legal descriptions.
o Correct assessor's parcel being subdivided per the title report. o Closure of subdivision boundary and individual lots.
o Verify lot areas.
o Check for correct mathematics.
o Proper delineation and identification of record data. o All appropriate data in the title report is shown on the map. o Proper reference to adjacent recorded maps is shown.
o Proper references and ties to found/set monuments are shown. o Calculated, recorded and measured distances agree, or variances are noted on the map.
o Boundary tied to California Coordinate System, where required. o Verify ownership shown on the map against the title report.
In addition to reviewing tract and parcel maps, the Consultant may be requested to review lot line adjustment documents and prepare legal descriptions and plats for the City for easements or rights-of-way.
Federal Acquisition Regulations in Title 48, CFR 31 are the governing factors regarding allowable elements of costs for all Federally-funded projects that the Consultant is tasked to provide.
8 The period of time that the Consultant's records shall be retained for inspection by the State, FHWA, or their duly authorized representative must be at least three (3) years after final payment to the Consultant for all Federally-funded projects.
All tracings, plans, specifications and maps prepared or obtained under the terms of the contract with the City shall be delivered to and become the property of the City and basic survey notes and sketches, charts, computations and other data prepared or obtained under the contract, if not required to be provided, shall be made available, upon request, to the City without restriction or l imitation on their use.
D. Work Flow Methodology for Plan Checking Services
• Review for completeness of submittals.
• Document submittal deficiencies and advise the City as necessary. • Plan checker and engineer will conduct a site review concurrently with the initial plan check to ensure that the design appropriately reflects existing conditions. • The Consultant is to check for conformance to the following:
o General plan, including water, sewer and storm drain master plans. o City ordinances and specific plans Subdivision Map Act o Conditions of approval.
o Development services standards per the City's ordinance. o Other agency requirements such as Imperial Irrigation District, County of Imperial, and Department of Transportation (Caltrans) Standards • Check general mathematics and design criteria and standards of design practice. • The Consultant is to call for redesign of any portion of plans that:
o Will be potentially unsafe to the public.
o Will not function due to poor engineering.
o Are inconsistent with the conditions of approval or other local or applicable (local, State, Federal) ordinance or standards.
o Are impractical to construct.
o Do not meet the minimum acceptable design standards of engineering practice. • Identify any additional reference materials required of the applicant for a thorough design or plan check such as related offsite improvement plans, studies or reports.
E. Task Sequencing for Scope
TASK 1 - Review Existing Documentation, Kick-Off Meeting. • Review existing policies, procedures, guidelines and documents from City. • Participate in a field review meeting with the City.
• Participate in a kick off meeting with the City and review project goals, scope and workflow methodology. Introduce key staff. Review responsibilities of both the Consultant and the City.
TASK 2 - Initiate and Prepare Design Plans or Plan Checks. • Review and coordinate design plans or plan checks as needed. 9 • Prepare design plans or plan check responses to the City for review and dissemination to clients.
TASK 3 - Prepare Plans, Specifications, Estimates, Engineering Reports & other Services.
• Provide professional civil engineering design services on-call, as needed, and as requesting in writing by the City.
TASK 4 - Billing and Invoicing.
• Submit invoices monthly with detailed accounting of staff hours attributed to specific design plans and plan checks. Include accounting of specific project billings or the City billings to client.
IV. Requirements
Each firm shall meet the following requirements:
• The firm must have project managers with a minimum of five (5) years of experience providing improvement design, plan and map checking services to municipalities of similar size and complexity with individual engineers having a minimum of three (3) years of relevant experience. Specifically, experience should include, but not be limited to, parcel, tract and final map checking, traverse calculations, engineering improvement plans and studies of all types including but not limited to drainage studies, storm drain, sewer and roadway improvement plans, grading plans, erosion control, National Pollution Discharge Elimination System compliance, Imperial County Air Pollution Control District compliance, easement and right-of way documents, lot line adjustments, certificates of compliance, title reports, soils reports, hydrologic studies, construction cost estimates, familiarity with designing projects for and obtaining permits from Caltrans, County of Imperial, Imperial Irrigation District, and other associated local and state utility companies as required, etc.
• The ability to provide surveying of all types and perform inspection of developer off-site improvements and inspection on the City's construction contracts. • Key representatives from the firm must attend monthly meetings (more frequently if required) with the City's staff to evaluate performance of their services. • A maximum review time for initial plan checks of fourteen (14) calendar days inclusive of transit time from and to the City's office, located at 608 Heber Avenue, Calexico, CA 92231. Each subsequent plan check, if necessary, shall not require more than eight (8) calendar days, inclusive of transit time.
• The firm shall not provide consulting services to private sector or public sector clients doing business within or proposing to do business within the City and simultaneously provide plan checking services to the City for client's projects, nor engage in activities that could be construed as a conflict of interest with this proposed contract. 10 V. Proposal Content and Information
Proposal should be typed, organized and concise yet comprehensive. • Cover Letter
o Name, address and phone number of the person to be designated as the primary contact and the names of the key staff who shall be responsible for plan/map checking.
o Any qualifying statements or comments regarding the Consultant's proposal or the information provided in the RFP. State the interpretation of the work to be performed. State a positive commitment to perform the work in the manner, time frame and a basic summary and understanding of the project. o If any subcontractors are utilized, the lead consultant must submit a description of the firm, the portion of work to be done and cost of each subcontractor. o The Consultant is representing itself as a qualified professional in plan checking and engineering services for government municipalities. Therefore, it is acceptable to submit recommendations and comments for consideration on format, process, schedule and additional content of this project. The City will consider comments and recommendations, however is not required to select any of the recommendations or comments.
• Include a table of contents with identification of material by section and page number • Statement of Qualifications and Experience
o State whether the firm is local, regional, national or international o Identify the owner(s) of the firm and legal status (sole proprietor, corporation, etc.)
o Give the location of the office from which work is anticipated to be done and the number of employees of the company.
o Identify the qualifications and resumes of all individuals who will be associated with this service. Include professional registrations and affiliations. o Summarize specific experience and qualifications for similar projects. Describe the services you performed such as studies, reports, etc. List at least three (3) references with telephone numbers, a listing of proposed project personnel, including personal experiences and resumes for prime and sub-consultants.
Include a description of the professional capability, project experience, education, training and present office location. Provide specific examples of appropriate experience that qualify them for their responsibilities, including licensing as a professional engineer/land surveyor in the State of California. o Provide a list of specific examples of appropriate experience, including the size and scope of work completed and any relevant past or on-going work. Include the names, addresses and telephone numbers for your past and current clients who have contracted with your firm for similar services during the last five (5) years. o Provide a summary of litigation history for the firm for the last fifteen (15) years. 11 • Analysis of Effort/Methodology
o Describe the approach for how the work will be performed. The proposal shall indicate and specific techniques or methodology to be utilized. o The proposal shall include a project timeline with specific tasks envisioned for the Project.
o Indicate what participation, data and products will be requested from the City.
VI. Selection Criteria
A sample proposal evaluation form is attached for your information (Appendix A). • Responsiveness to RFP. Does the proposal meet all the requirements in this RFP? • Competency and experience of consultant staff assigned to manage and to perform the plan check and engineering services identified herein.
• Ability to meet the review timeline/schedule identified herein. • Completeness of the proposal.
• Demonstrated recent experience with similar cities.
• Litigation history- errors and omissions
• Willingness to accept the terms and conditions of the City's "Agreement for Professional Services" (minor modification may be permitted) attached as Appendix B.
VII. Selection Process
• Proposals will be reviewed by the selection committee. • The selection committee will rank the consultants based on the materials submitted. • A minimum of two (2) firms will be chosen.
• The recommendation of the selection committee will be taken to City Council.
The selection committee will determine if qualifications are met.
The City reserves the right to reject any and all proposals submitted and/or request additional information for clarification.
A pre-proposal conference has not been scheduled for this RFP. 12 Clarification desired by a respondent relating to definition or interpretation shall be requested in writing with sufficient time to allow for a response and prior to the date RFPs are due. Oral explanation or instructions shall not be considered binding on behalf of the City.
Any modifications to this solicitation will be issued by the City as a written addendum.
The City will not consider proposals received after the specified time and date. An amendment is considered a new proposal and will not be accepted after the specified time and date.
Any contract resulting from this RFP will be financed with funds available to the City from private development projects and/or local funds.
This RFP does not commit the City to award a contract or pay any costs associated with the preparation of a proposal. The City reserves the right to cancel, in part or in its entirety, this solicitation should this be in the best interest of the City.
Questions concerning this proposal should be directed to Lilliana Falomir, Public Works Manager - Administrative at (760) 768-2160 or via electronic mail to [email protected].
VIII. Responsibilities of the City
The City will direct the development of individual project plan checks and engineering services in writing, provide management oversight, coordinate with clients as needed and conduct administrative arrangements.
The City will pay an agreed upon amount normally within thirty (30) days after receipt of an invoice(s).
The City will not be able to provide dedicated workspace facilities, i.e. office space.
The City reserves the right to perform any portion of the scope of work with City personnel and/or by other consultants.
The City shall furnish all applicable policies, procedures and reference materials that represent the City's minimum requirements for plan checking and engineering services.
The City shall furnish the Consultant all necessary submittal items for plan check and engineering services by the Consultant with special instructions.
IX. Requested Submittal
An original and five (5) copies along with one (1) electronic copy (USB) of the proposal must be received prior to 2:00 p.m. on April 21, 2026, at
City of Calexico
Office of the City Clerk
13 608 Heber Avenue
Calexico, CA 92231
The proposals shall be enclosed in a sealed envelope and be plainly marked in the upper left hand corner with the name and address of the bidder and bear the following:
On-Call Engineering Services Proposal
April 21, 2026
2:00 p.m.
Please note that late, emailed or faxed proposals will not be considered.
X. Sealed Fee Schedule
Develop costs and fees for the services based on hourly rates of staff equivalent to the City plan checking staff positions. Provide a clear breakdown of these costs by phase including staff or by item, by hour. List all professional services expenses anticipated including insurance, printing, communications and travel. Costs and fees are to be submitted in a separate sealed envelope.
Cost should be based hourly rates of plan checking staff, including clerical positions. Such hourly rates should be fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal supplies and materials, in-house reproduction services and local travel costs.
In addition to the above fee schedule, the City is considering having Plans Checked on a ''Cost per Sheet" basis. Therefore submit a fee based on ''Cost per Sheet.'' Submit itemized hourly fee schedule for additional services beyond the scope of work.
Costs and fees must be provided within a separate sealed envelope within the submittal of the proposal and marked as follows:
Sealed Fee Schedule
City of Calexico
On-Call Engineering Services Proposal
April 21, 2026
XI. Staffing Minimum Requirements
All work shall be performed under the direction of a licensed engineer, architect or land surveyor registered with the State of California.
14 APPENDIX A
SAMPLE
PROPOSAL EVALUATION FORM
DATE:
EVALUATOR:
FIRM:
PROJECT:
RATING POINTS:
5 = Excellent 4 = Good 3 = Above Average 2 = Average
1 = Below Average 0 = Unresponsive
CRITERIA WEIGHT
FACTOR
RATING
TOTAL
WEIGHTED
RATING
A. Technical approach 30%
Responsiveness & understanding of
work to be
15%
Experience with similar work 15%
B. Costs 5%
C. Project management 35%
Qualifications 20%
Organization & quality of staffing &
local Imperial Valley Office
15%
D. References 5%
E. Demonstrated DBE Intent 5%
F. Familiarity with State and Federal
procedures
10%
G. Litigation History – Errors and
Omission
10%
COMMENTS:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 15 APPENDIX B
“CITY OF CALEXICO
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL ENGINEERING, PLAN CHECK, SURVEYING, INSPECTION
SERVICES, GEOTECHNICAL, LANDSCAPE AND ARCHITECTURAL DESIGN SERVICES”
81211.00100\40659478.1
BB&K (2020) -1- PROFESSIONAL SERVICES AGREEMENT–ON CALL
CITY OF CALEXICO
PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL ENGINEERING, PLAN CHECK, SURVEYING, INSPECTION SERVICES,
GEOTECHNICAL, LANDSCAPE AND ARCHITECTURAL DESIGN SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 2026, by and between the City of Calexico, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 608 Heber Avenue, Calexico, California 92231 ("City") and ____________________ ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing on-call engineering, plan check, surveying, inspection, geotechnical, landscape and architectural design services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the on-call engineering, plan check, surveying, inspection, geotechnical, landscape and architectural design services ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project described in Exhibit "A" attached hereto and incorporated herein by reference (“Services”).
The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No Services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, each Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October ____, 2025 to September 20, 2028, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including 81211.00100\40659478.1
BB&K (2020) -2- PROFESSIONAL SERVICES AGREEMENT–ON CALL authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation for all Task Orders issued hereunder shall not exceed Twenty Four Thousand Nine Hundred and Ninety-Nine ($24,999.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall 81211.00100\40659478.1
BB&K (2020) -3- PROFESSIONAL SERVICES AGREEMENT–ON CALL provide a more detailed schedule of anticipated performance to meet the established schedules and deadlines.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
[***INSERT NAME AND TITLE***].
3.3.5 City's Representative. The City hereby designates Public Works Director/City Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its 81211.00100\40659478.1
BB&K (2020) -4- PROFESSIONAL SERVICES AGREEMENT–ON CALL subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 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 a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) 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, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 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. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 81211.00100\40659478.1
BB&K (2020) -5- PROFESSIONAL SERVICES AGREEMENT–ON CALL
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies 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. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all 81211.00100\40659478.1
BB&K (2020) -6- PROFESSIONAL SERVICES AGREEMENT–ON CALL insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other 81211.00100\40659478.1
BB&K (2020) -7- PROFESSIONAL SERVICES AGREEMENT–ON CALL exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow 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.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall 81211.00100\40659478.1
BB&K (2020) -8- PROFESSIONAL SERVICES AGREEMENT–ON CALL not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum 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.
3.3.11.11 Additional Insurance Provisions
(A) 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.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of 81211.00100\40659478.1
BB&K (2020) -9- PROFESSIONAL SERVICES AGREEMENT–ON CALL 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.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project 81211.00100\40659478.1
BB&K (2020) -10- PROFESSIONAL SERVICES AGREEMENT–ON CALL and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project 81211.00100\40659478.1
BB&K (2020) -11- PROFESSIONAL SERVICES AGREEMENT–ON CALL or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 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 claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, 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.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the 81211.00100\40659478.1
BB&K (2020) -12- PROFESSIONAL SERVICES AGREEMENT–ON CALL respective parties may provide in writing for this purpose:
Consultant: ATTN: [***INSERT NAME AND TITLE***]
City: City of Calexico
608 Heber Avenue
Calexico, CA 92231
ATTN: [***INSERT NAME AND TITLE***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement 81211.00100\40659478.1
BB&K (2020) -13- PROFESSIONAL SERVICES AGREEMENT–ON CALL or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 81211.00100\40659478.1
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3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Imperial County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.11 Assignment or Transfer. 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.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any 81211.00100\40659478.1
BB&K (2020) -15- PROFESSIONAL SERVICES AGREEMENT–ON CALL contractual rights by custom, estoppel, or otherwise.
3.7.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. 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. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.7.21 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:
3.7.21.1 Amendment(s)
3.7.21.2 This Agreement
3.7.21.3 Task Orders
3.8 Non-Discrimination
3.8.1 During the performance of this Agreement, Consultant shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over forty ( 40)), marital status and denial of family care leave.
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3.8.2 Consultant shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
3.8.3 Consultant shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285 et seq.).
3.8.4 The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
3.8.5 The applicable regulations of §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794 (a)) are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
3.8.6 Consultant shall give written notice of their obligations under this Section to labor organizations with which they have a collective bargaining or other agreement. Consultant shall include the nondiscrimination and compliance provisions of this Section in all subcontracts to perform work under this Agreement.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL
SERVICES BETWEEN THE CITY OF CALEXICO AND
c
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF CALEXICO CONSULTANT
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
[INSERT NAME]
[INSERT TITLE]
Approved as to Form:
_____________________________________
[INSERT NAME]
City Attorney
Attested By:
City Clerk
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BB&K (2020) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "A"
SCOPE OF SERVICES
[***INSERT SCOPE FROM RFP/ORIGINAL PROPOSAL***]
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BB&K (2020) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "B"
SAMPLE TASK ORDER FORM
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: CONSULTANT
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF CALEXICO CONSULTANT
Dated: Dated:
By: By:
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BB&K (2020) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT–ON CALL
EXHIBIT "C"
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]