On-Call Building Services.pdf

NOTICE OF REQUEST FOR PROPOSALS

September 14, 2026

Re: Notice to Consultants – Request for Proposals (RFP) No. 26-35 – Building On-Call

Services

Notice is hereby given that the City of Escondido, a California municipal corporation (City), is soliciting proposals from qualified consultants to provide On-Call Building Services. Consulting services shall include, but not be limited to: Inspection Services, Building Plan Reviews, Permit Technician Services, and other on-call services associated to Construction Permitting. Currently, the City anticipates hiring one (1) qualified consultant to provide needed services, but reserves the right to hire more than one dependent on scope of services and cost proposals.

Prospective consultants must submit one digital proposal via e-mail to Douglas Moody, Building Official, at Douglas.Moody@escondido.gov no later than [5 p.m.] on October 16, 2026 (Submission Deadline). Any proposals received after the Submission Deadline will not be accepted.

Questions or comments concerning this RFP may be submitted via e-mail to Doug Moody at Douglas.Moody@escondido.gov no later than 5 p.m. on September 23, 2026 (Questions Deadline). Any questions or comments regarding this RFP received after the Questions Deadline will be disregarded. E-mails concerning this RFP should state the following in the subject line:

“RFP No. 26-35 – Building On-Call Services”. Any communication regarding or relating to this RFP with any City employee or official other than Doug Moody prior to the Submission Deadline is strictly prohibited. A summary of questions from prospective Consultants and City responses will be posted on BidNet Direct by 5:00 p.m. on September 30, 2026. A link to the BidNet direct site can be found on the City’s website at https://www.escondido.gov/198/Development-Services.

Each proposal shall be in accordance with the requirements, instructions, and information contained in this RFP. The City reserves the right to reject any or all proposals for any reason it deems necessary, to waive defects or irregularities in any proposal, and to accept the proposal deemed the most advantageous to the City. This RFP does not commit the City to award a contract in full or in part, or to pay any costs incurred in the preparation of a response to this request.

Sincerely, Douglas Moody Building Official City of Escondido mailto:Douglas.Moody@escondido.gov https://www.escondido.gov/198/Development-Services

RFP No. 26-35 – Building On-Call Services

A. General

The City of Escondido is located in North San Diego County, approximately 30 miles north of the City of San Diego, California. Escondido is an established community incorporated on October 8, 1888 under the general laws of the State of California. The City’s current population is approximately 152,200 and operates as a full-service city under a City Council/City Manager form of government.

The Development Services Department (“Department”) integrates all land development planning, engineering, and building decisions in one department to streamline services to the public and the development and construction industries. The Department is responsible for all plan check review and inspections of commercial and residential construction projects; preparation and peer-review of environmental documents and technical studies pursuant to the California Environmental Quality Act (“CEQA”) and other environmental regulations; and review and analysis of planning and land development engineering applications, land alteration, review and approval of tentative and final tract maps and parcel maps, street vacations/dedications, lot line adjustment/parcel map waivers, and related documents for compliance with the California State Subdivision Map Act.

The Department’s services are critical to ensuring construction projects within the City are processed in a safe, efficient, and legally compliant manner. Periodically the City receives high profile applications for development projects in which the available Department staff may not possess the certifications necessary to perform the inspections required, or the volume and/or expedited timeline for the project exceeds what can be provided by in-house staff. The City has recognized the need for third party assistance in performing services when these instances arise, in order to maintain the level of service, and ensure the safety of residents and the community.

The City continues to see significant development growth and expects this trend to remain strong in the foreseeable future. Development projects in various stages of review are further detailed in the City’s Major Development Activity Dashboard.

The City currently implements the most recent 2025 California Building Codes. Building Services is currently staffed with a Building Official, one Plans Examiner focused on Residential plans, three building inspectors, and three building permit technicians, as well as, vacant positions under recruitment including Assistant Building Official, Building Inspection Supervisor and one Building Inspector. Approximately eighty (8)0 percent of applications to Building Services are received through an online portal and all Plan Reviews are conducted digitally on ProjectDox, an AVOLVE Plan Review and Routing System. Inspections are scheduled and entered into Cityworks which will be upgrading soon to Trinity Respond.

At this time, the City is seeking proposals from qualified consultants or firms for on-call services that are responsive to all of the service areas described within this RFP and scope of work, including: 1) building permit plan check services; 2) building permit inspections; and 3) on-call staffing support such as permit technician or administration. Submitted proposals must include all of these services. Proposers for the provision of building and safety services shall only https://cityofescondido.maps.arcgis.com/apps/dashboards/0e9bf5fd998d4f35a4627d3c934f3bee#PRJ_TYPE_isnot=City%2520Project https://ecode360.com/43254717 be allowed to work for the City of Escondido and shall not be permitted to be involved in any trade related to the design or construction of any plan or permit within the City of Escondido.

The City retains the right to accept or reject any and all of the proposals, or any item or part thereof at its discretion; make an award for a portion of the scope of work/services, or award contracts to one or more proposers for any portion of the described services. The City reserves the right to conduct personal interviews or require oral presentations of any or all prospective consultants prior to selection. Specifically, within the 14 days of the staff review of proposals, the City may invite qualified consultants to interview. Qualified consultants or firms that are not initially selected, shall be placed on an active list for one-year from the date of submittal and may be called upon within the year for on-call services, at the discretion of the City.

The Consultant awarded the contract resulting from this RFP will provide the City with on-call building services (“Services”). Within 14 calendar days of the City’s notice of award, the Consultant shall enter into a Consulting Services Agreement (Agreement) in substantially the same form as the City’s Standard Agreement, which is attached to this RFP as Attachment 1 and incorporated herein by this reference.

B. Description of Services

The Services have the following goals:

1. Provide accurate and logical building plan check and inspection services to ensure a safe built environment in City of Escondido.

2. Provide excellent customer service and collaborative and facilitative services to support healthy development and economy in the City of Escondido.

3. Facilitate balanced and effective resolutions to development and construction issues that benefit all stakeholders.

It will be the Consultant’s responsibility to provide transportation for inspection services, transportation to City offices to start a shift and from City offices to end a shift are not reimbursable. Plan Check services shall be provided in Consultant’s offices and inspection services will require the Consultant to have an iPad and a phone for mobile app services used to schedule and track inspections.

The Consultant will also be responsible for scheduling all workers for fingerprint background checks by the City and provide all necessary documentation required upon selection. In addition, the Consultant shall be responsible for demonstrating compliance to the City’s technology use authorization process including meeting as needed with representatives from the City’s Information Services Department.

C. Scope of Services

Consultant services shall be proposed and delivered to meet the following tasks:

Task 1. Building Permit Plan Check Services

Permit Plan Check Services will be required by the City on a regularly scheduled basis, as well as, a per project basis. All plan check services are expected to provide for quality review that meets or exceeds the City’s standard review times. At the City's discretion, the consultant shall provide expedited services when requested. Plan Check services will occur off-City property and the responsibility of the selected Consultant to provide for and maintain all necessary equipment and office space for their employees. Projects of a substantial size or those of high profile may be requested to have a single point of contact or a project manager to work with the City, the project owner and/or the project’s hired representatives. The following are requirements for plan check services:

a) Perform architectural, structural, plumbing, mechanical and electrical plan check review for buildings and structures for compliance with applicable Federal and State laws, building and safety codes, City ordinances, and acceptable engineering practices. Type of proposed plan check work may include new construction (residential, commercial, or industrial), remodel, additions, green building, Disabled Access, Leadership in Energy and

Environmental Design (“LEED”), onsite wastewater treatment systems (“OWTS”) and public nuisance abatement; Fire Code related plan check and inspection services; and

b) Confirm building use, occupancy, and type of construction, and review construction of buildings and structures to determine satisfaction of safety requirements; and

c) Review and approve building/structural revisions to plans required during construction;

and

d) Collect construction and demolition Water Management Plan prior to building permit issuance and ensure construction and demolition recycling requirements and met prior to final inspection; and

e) Provide problem solving methods for unique or challenging plan check or code interpretation issues; and

f) Provide trained staff familiar with sustainable building and Green Building concepts such as those supported by LEED, California Association of Building Energy Consultants

(“CABEC”), Residential Energy Services Network (“RESnet”), U.S. Green Building Council

(“USGBC”) and National Pollution Discharge and Elimination System Permit (“NPDES”);

and

g) Review and provide plan check comments digitally using City utilized software as applicable as primary means of communicating corrections to applicants; and

h) Provide full, digital (“PDF”) copies of all “finaled” building permits files (permits and plans) for entry into the City’s Electronic Data Management System by City staff. All approval stamps, applications, forms and other documents used in conjunction with these services shall be provided by the city. Costs for the provision of these processing tools and supplies shall be the responsibility of the City; and

i) Coordinate building permit requirements and interface with City Departments and other agencies; and

j) Provide expedited plan check for certain projects and types of projects when requested by the City; and

k) Respond to Public Records Requests (formal response within five business days).

Task 2. Building Inspection Services

The following are requirements for Building Inspection Services:

a) Senior level inspectors experienced in multi-story, multi-family residential and mixed-use type construction; and

b) ICC-certified (preferred) inspectors who are fully trained/certified/qualified for all construction regulated by all applicable Federal, State and City building and safety codes/ordinances, floodplain design standards, and NPDES requirements. Proposal shall dictate the terms and limitations to these requirements; and

c) Ability to serve as a resource and provide information on City regulations to property owners, residents, businesses, the general public and other City departments; and

d) Inspect buildings and structures, for which building permits have been issued, for compliance with the approved plans and applicable codes and ordinances; and

e) Inspect for compliance with applicable conditions of approval set forth by the City’s

Community Development Department, Planning Commission, and/or City Council, and communicate with staff as appropriate. The applicant shall print all project conditions on approved building plan sets so that they are readily available during inspection services;

and

f) Coordinate with various City and County agencies and departments and other governmental agencies providing services, and/or having jurisdiction over any aspect off a development project in order to obtain compliance with the above building and safety codes and regulations; and

g) During inspections, issue work correction notices. In the event an inspection results in violations in code requirements and /or permit conditions of approval, the Inspector will immediately document accordingly in City’s tracking system; and

h) Provide all vehicles, fuel, maintenance, cell phones and iPads (or substantially similar tablet), and other equipment necessary for field personnel to carry out building permit inspections and duties; and

i) Provide special inspections by qualified inspectors and conduct investigations as requested by the City, including field and office research and the preparation of letters and/or documents; and

j) Input daily inspection information into the City’s tracking system. The City will provide user logins; and

k) Provide excellent customer service and leadership on construction sites.

Task 3. On-Call Permit Technician and/or Building Administrative Services

Needs for on-call permit technician or administrative services may vary if needed. The proposal shall include a list of duties and tasks that are available from the Consultant including hourly or daily rates. The likely requirements for staff augmentation in a technician or administrative role would be:

a) Ability to learn building permit software quickly and read and follow desk guides working fairly independently with customers; and

b) Experience in providing excellent customer service to residents and building or construction industry professionals; and

c) Experience in guiding the public through use of software and/or navigating a website; and

d) Ability to review simple permit applications and drawings for over-the-counter permit types;

and

e) Experience and accuracy in data entry.

D. Right to Submitted Material

This RFP does not commit the City of Escondido to award a contract, to pay any costs incurred in the preparation of a proposal or contract, or to procure or contract for any services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, or to amend, cancel (in part or in whole) this RFP if it is in the City’s best interest to do so. All proposals, reports and data submitted to the City shall become the property of the City of Escondido and may not be returned.

E. Proposal Deadlines and Schedule

The following is an estimated schedule relating to this RFP and is not binding on the City:

Activity Date

RFP Issuance September 14, 2026

Questions Deadline September 23, 2026

Response to Questions Released September 30, 2026

Proposal Submission Deadline October 16, 2026

Staff Review of Proposals October 23, 2026

City Council Consideration December 2, 2026

Contract Execution December 11, 2026

City Issuance of Notice to Proceed December 18, 2026

Note: The City reserves the right to make modifications to the estimated schedule outlined above.

F. Proposal Content

Prospective consultants are responsible for preparing and timely submitting an effective, clear, and concise proposal. Proposals must be limited to no more than 10 pages, minimum size 11 font, and standard 8.5”x11” pages in searchable PDF format. Proposals shall be submitted electronically in pdf format and e-mailed directly to Douglas.Moody@escondido.gov and shall be received no later than 5 p.m. on October 16, 2026. Schedule and Total Fee breakdown may be larger in size than the other pages of the proposal. Each proposal shall demonstrate the qualifications, competence, and capacity of the prospective consultant to perform the services described in conformity within the requirements of this RFP.

By submitting a proposal in response to this RFP, prospective consultants certify that they take no exceptions to the terms and requirements of this RFP, including the terms of the City’s Standard Consulting Service Agreement (Attachment 1).

To be considered responsive, proposals must contain the following information in the order listed:

1. Cover Letter: A cover letter introducing the company and the individuals who act as the company’s project manager and who are authorized to bind the Consultant Agreement.

Provide documentation of authorized signatories for an Agreement.

2. Plan or Approach: A detailed description of the Consultant’s understanding, plan and approach to complete the services. Include examples of problems that the Consultant faced on similar services, or that the Consultant identifies as potential problems on this Project, and the Consultant’s solutions to those hurdles or obstacles. Also include the Consultant’s familiarity with the City and other agencies and organizations that will be impacted by the Project.

3. Proposed Project Team:

a. List each project team member, including subconsultants and provide the roles and responsibilities of all team members, including which aspects of the project each team member is expected to work on.

b. Provide an organization chart for all project team members.

c. All team members identified shall not be removed from the project without prior City approval. Likewise, no new team members shall perform work without prior City approval.

d. Identify the Project Manager and key point of contact for the City who will be responsible for all communications with the City.

4. Qualifications and Experience:

a. A list of qualifications and experience for each person who will take on a significant role on the Project including resumes for each individual showing experience on comparable projects. Resumes should be limited to two pages maximum for each person and should only include experience relevant to this project. Resumes will not count towards the 10-page maximum and should be included as an appendix to the Consultant’s proposal.

b. A list of similar projects completed within the last five years by the prospective consultant that are similar in size and scope to the Project. Include client references and phone numbers for each comparable jurisdiction. The Consultant is also encouraged to include relatable work with the City of Escondido that help demonstrate their familiarity with the City.

5. TO BE SUBMITTED IN A SEPARATE ELECTRONIC SUBMITTAL: Rate Sheet and Total

Fee for Services

a. This must be submitted in a separate e-mail to Douglas.Moody@escondido.gov with the subject title: “RFP No. 26-35 – Development Process– Rate Sheet and Total Fee for (Insert Proposer’s Company Name)”.

b. Rate sheets shall include, but not be limited to:

i. Hourly rate for all staff that will be assigned by the prospective consultant and subconsultant to work on the Project.

ii. Estimate of the total number of hours to complete each task of the Project listed in this RFP.

iii. Total fee of the prospective Consultant’s proposal, which shall be calculated based on the hourly rates of staff assigned to the Project, overhead or administrative allocation fees, and the estimated number of hours to complete the Project. Please provide a detail of what is included in any overhead or administrative allocation. The hourly rates provided in the proposal shall be binding for the term of the Project.

The successful Consultant’s proposal submitted in response to this RFP may become part of the resulting Consulting Service Agreement (Attachment 1). Any proposed waiver, or change to the resulting Consulting Service Agreement (Attachment 1) must be clearly identified in prospective Consultant’s proposal to be considered by the City Attorney. All contracts, and any addenda thereto, shall be subject to the City’s sole discretion and approval.

The successful Consultant shall enter into a contract within 21 calendar days of the City’s notice of award in substantially the same form as the Consulting Services Agreement (Attachment 1).

All insurance documents must also be provided within 21 calendar days of the City’s notice of award. Any substitution of the Consultant’s team members will need to be requested in writing by the Consultant and approved by the City.

G. Deliverable Items

The Consultant will be required to deliver all documents as described in this RFP, and to verify and defend that all information submitted as services rendered is accurate and current.

Furthermore, the Consultant will be required to document the source(s) of all compiled information. All information generated as part of the Consultant's or subconsultant's work shall become part of City of Escondido record on the project.

H. Corrections

Corrections or revisions required of the Consultant’s work for reviews, comments, inspections or any work prepared by the Consultant and due to the failure of adequate performance of the Consultant; shall be rectified at the expense of the Consultant. Proposing Consultants are encouraged to identify any supplemental tasks necessary, and to recommend any alternatives that may enhance the project or reduce costs. Where applicable, Consultant is encouraged to describe the anticipated level of effort for each foreseeable task within the original proposal.

I. Selection Process

The submitted proposals will be evaluated based on the proposing Consultant’s experience and qualifications. Once the highest ranked Consultant is identified, the City will notify the Consultant of the City’s selection and any necessary negotiations will begin with the highest-ranking Consultant. If an agreement cannot be reached with the highest-ranking Consultant, then the City reserves the right to begin negotiations with the second-ranked Consultant, and so on. The City reserves the right to not enter into an agreement with any of the Consultants.

Evaluation Criteria will be based on the following:

1. Background, and experience in similar organizations, and three references of the consultant team

45 Points

2. Overall proposal/response 30 Points

3. Price 25 Points

Total 100 Points

J. General Conditions

PLEASE READ CAREFULLY. THE FOLLOWING GENERAL TERMS AND CONDITIONS ARE

A PART OF ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS RFP AND THE

RESULTING CONTRACT.

This RFP as advertised, the specification requirements detailed in this RFP (including the following General Provisions), and documents on file with the City are subject to all provisions of the Ordinances of the City of Escondido. Each prospective consultant submitting a response to this RFP warrants that the submitted proposal is genuine and non-collusive, or made in the interest of any person, firm, or corporation. A non-collusion declaration (which is attached hereto as Attachment 2 and incorporated by this reference) shall be properly completed and returned with the proposal documents.

In submitting a proposal in response to this RFP, each prospective consultant agrees to the following general terms and conditions:

1. Public Information: The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal in response to this RFP indicates the prospective consultant’s acceptance of all terms and conditions contained in this RFP, including all exhibits and attachments hereto, unless clearly and specifically stated otherwise.

2. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the prospective consultant as such. Information identified as confidential or proprietary will be protected and treated with confidentiality to the extent permitted by applicable local, state, and federal law.

3. Addendums: The City reserves the right to amend, alter, or revoke this RFP at any time. Any modifications, clarification, or additions will be distributed via e-mail as an addendum.

4. Proposal Preparation Cost: The City is not obligated to reimburse any prospective consultant for expenses incurred in preparing proposals in response to this RFP. All Prospective consultants shall bear their own costs, fees, and expenses incurred in preparing proposals in response to this RFP.

5. Withdrawal of Proposal: A prospective consultant may modify or withdraw their proposal, either personally or by written request via e-mail, at any time prior to the Submission Deadline.

Such requests should be directed to the City’s Project Manager.

6. Inaccuracies or Misinterpretations: Subject to the City’s sole discretion, the City may terminate a prospective consultant from the RFP process or terminate any agreement with the Prospective consultant if the City determines that said Prospective consultant has: (i) made a material misstatement, (ii) made a material misrepresentation, or (iii) provided materially inaccurate information.

7. Optional Items: Prospective consultants may elect to provide recommendations and pricing for optional items. Pricing for optional items shall not be included in the minimum requirements pricing.

8. Business License: The successful consultant shall be required to obtain a City of Escondido Business License pursuant to the terms of Attachment 1.

9. Signature: All proposals shall be signed in the name of the prospective consultant and shall bear the original signature in longhand of the persons duly authorized to sign the proposal.

Obligations assumed by such signature shall be fulfilled.

10. Right to Reject Proposal: The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items. The City is not obligated to explain or justify its selection or rejection of any Prospective consultant. All proposals submitted in response to this RFP shall immediately become property of the City.

11. Right to Conduct Personal Interviews: The City reserves the right to conduct personal interviews or require oral presentations of any or all prospective consultants prior to selection at no cost to the City.

12. Right to Request Additional Information: Prospective consultants shall furnish additional information as the City may reasonably require. The City reserves the right to investigate the qualifications of prospective consultants as it deems appropriate.

13. Right to Determine Financial Responsibility and Viability: The City reserves the right to request information pertaining to the financial stability of a prospective consultant to allow an appraisal of a prospective consultant’s current financial condition.

14. Understanding the Services to be Performed: By submitting a proposal in response to this RFP, each prospective consultant certifies that they have fully read and understand this RFP and have full knowledge of the scope, nature, quantity, and quality of services to be performed. Each prospective consultant understands that, if successful, they will be required to enter into a written contract in substantially the same form as Attachment 1.

15. Award of Contract: Proposals submitted in response to this RFP will be analyzed and the contract awarded to the responsible prospective consultant whose proposal conforms to this RFP and is considered to be the most advantageous to the City, taking into consideration the consultant team, qualifications, and experience. If the prospective consultant does not execute a contract in substantially the same form as Attachment 1 within 21 days after notification of award, the City may, subject to its sole discretion, (i) give notice to the

Prospective consultant of the City's intent to select from the remaining prospective consultants or (ii) issue a new RFP for the services.

16. Contract Funding: The City’s funding of any agreement resulting from this RFP shall be on a fiscal year basis and is subject to annual appropriations. Prospective consultant acknowledges that the City is a municipal corporation, is precluded by the State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this RFP shall constitute an obligation of future legislative bodies of the City or State to appropriate funds for any agreement resulting from this RFP. Accordingly, prospective consultants acknowledge and agree that the funding for any agreement resulting from this RFP shall be contingent upon appropriation of funds.

17. City Provisions to Prevail: The terms of this RFP and the terms of any agreement resulting from this RFP shall govern the services. Any standard terms and conditions of the successful consultant shall not be acceptable to the City unless expressly agreed to by the City by separate document. The City reserves the right to reject a proposal containing unacceptable conditions as non-responsive as a condition of evaluation or award of the proposal.

18. Equal Employment Opportunity: The consultant awarded the project shall comply with all equal employment opportunity provisions of federal, state, and local non-discrimination laws, orders, regulations and guidelines as may be applicable to the consultant and be in effect during the performance of any agreement resulting from this RFP.

19. Consultant Services Agreement: Consultants submitting a proposal in response to this RFP shall be prepared to use the City’s standard contract form (Attachment 1) rather than its own contract form. Services may not commence until Agreement for services is executed.

20. Prospective Consultant’s Invoices: Invoices shall be prepared and submitted to the Development Services Department, ATTN: Doug Moody, Building Official, 201 N. Broadway, Escondido, CA 92025 or via e-mail to Douglas.Moody@escondido.gov. Invoices shall be submitted on a monthly basis and contain the following information: Purchase Order number, contract number, description of services rendered, name of worker, rates, quantities, extended totals, and remaining balances. Invoices should include all applicable sales or other taxes, and shall be remitted to appropriate agencies on the City’s behalf. All payments made pursuant to this contract are not assignable and shall only be made payable to the seller.

21. Payment Terms: The City’s payment terms are Net 30 days from date of receipt. No pre-payment or partial up front down payment will be made for any services or equipment. The time period allowed for payment, as indicated on the face hereof or offered by quote, bid, or proposal shall commence upon receipt of Prospective consultant’s invoice or upon receipt of the goods or services, whichever is later.

22. Insurance Requirements: The successful consultant must have insurance in accordance with the requirements listed in Item 7 of Attachment 1.

23. Public Agency Clause: It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public school districts and other political subdivisions or public corporations of California) shall have the option to participate in any award made as a result of this solicitation. The City shall incur no financial responsibility for their order placement and payments to the successful consultant. This option shall not be considered in proposal evaluation. State whether said option is granted:

YES NO

Attachments Attachment 1: Consulting Agreement Attachment 2: Non-Collusion Declaration (Required to be submitted with proposal, does not count toward the 10-page limit)

Consulting Agreement (v1) - 13 - CAO: 2/16/2023

ATTACHMENT 1

CITY OF ESCONDIDO

CONSULTING AGREEMENT

This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”), Between: CITY OF ESCONDIDO a California municipal corporation 201 N. Broadway Escondido, CA 92025 Attn: [staff contact] 760-839-xxxx

("CITY")

And: [Name] [Entity Type: e.g., “a California corporation”] [Street address] [City, state, zip code] Attn: [name of contact] [Telephone number]

("CONSULTANT").

(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)

WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to [enter description of services as part of RFP];

WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and

WHEREAS, the CITY and CONSULTANT desire to enter into this Agreement for the per-formance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Description of Services. CONSULTANT shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

Consulting Agreement (v1) - 14 - CAO: 2/16/2023

2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and CONSULTANT shall accept in full, an amount not to exceed the sum of [$Dollar Amount].

CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

3. Performance. CONSULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement, except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.

4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B”, attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.

CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONSULTANT with 10 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONSULTANT for any other purpose without the CITY’s prior written consent.

7. Insurance Requirements.

a. CONSULTANT shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:

(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate.

(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less

Consulting Agreement (v1) - 15 - CAO: 2/16/2023 than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division.

(3) Workers’ Compensation. Worker’s Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

(4) Professional Liability (Errors and Omissions). Professional Liability (Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.

(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT.

b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:

(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.

(2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.

(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

(4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY.

(5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.

(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.

Consulting Agreement (v1) - 16 - CAO: 2/16/2023

(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self-insurance. CONSULTANT shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of self-insurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.

(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the

CITY.

c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.

d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification.

f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.

a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, and only to the extent such Claims arise out of, pertain to, or relate to the negligence, recklessness, Consulting Agreement (v1) - 17 - CAO: 2/16/2023 or willful misconduct of CONSULTANT. Further, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault.

b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement.

c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

11. Independent Contractor. CONSULTANT is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and

CONSULTANT.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

Consulting Agreement (v1) - 18 - CAO: 2/16/2023

17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an e-mail, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

18. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.

19. Notice. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement.