RFP - Engineering Plan Check Consulting Services_FINAL.pdf

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CITY OF COLTON

Public Works and Utility Services Department

Engineering Division

Release Date: April 04, 2025

REQUEST FOR PROPOSAL (RFP)

Engineering Plan Check Consulting Services

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REQUEST FOR PROPOSALS

The City of Colton Public Works and Utility Services Department – Engineering Division is soliciting proposals from consulting engineers for engineering plan check consulting services for private and public projects. The services are required for review and plan check approval for residential, commercial and industrial development. The plan check services shall include but not limited to tract and parcel maps, grading, water quality management plans (WQMP), storm water, drainage/hydrology, on- and off-site improvements (streets, drainage, parking), water improvements and sewer improvements.

Proposals must be received by the office of the City Engineer (Attn: Victor Ortiz, P.E.), 160 South 10th Street, Colton, CA 92324, no later than 5:00 P.M., April 24, 2025.

Described below is the proposed schedule, information pertinent to the request for engineering plan check consulting services, proposal format, scope of work, and content of the requested proposal.

I. SCHEDULE OF EVENTS

Date

• Release of RFP April 04, 2025

• Deadline for submission of written questions April 14, 2025 – 5:00 PM

• Deadline for submission of RFP April 24, 2025 – 5:00 PM

• Consultant Interviews (if necessary) Week of May 12, 2025

• Award of Contract (tentative) May 20, 2025

II. INTRODUCTION

The City of Colton Public Works and Utility Services Department – Engineering Division is seeking to contract with a qualified consultant to provide engineering plan check consulting services. The scope of contract includes, but is not limited to, plan-checking of various development items, consisting of: improvement plans (rough grading, street, sewer, storm drain, on-site grading/paving, traffic signal, traffic striping/signage, and various other improvements); subdivision maps (final tract maps and parcel maps); and professional studies

(hydrology/hydraulic, sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/ NPDES plans, water quality management plans, and various other studies) and

Right-of-Way Documents (including, but not limited to legal descriptions for: Easements, Dedications, Lot Line Adjustments, and Parcel Mergers). See additional Scope of Work on

Exhibit “A”.

III. INQUIRIES

All questions related to the submittal of RFP and the City's selection of a Consultant for these consultant services must be submitted (e-mail only) to Moises Peralta, Associate Engineer, at mperalta@coltonca.gov by April 14, 2025, 5:00 P.M. No inquiries, clarification or questions will be considered after this date.

mailto:mperalta@coltonca.gov

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IV. SUBMISSIONS

The following criteria shall be required of all RFP submitted for the engineering plan check consulting services. Any RFP not conforming to these requirements may be rejected.

A submitted RFP shall be single-spaced, use a minimum 11 point Arial or Times New Roman font, and be submitted on 8.5-inch by 11-inch paper, with minimum 0.5-inch margins on the right, top, and bottom and minimum 1-inch margins on the left side of the sheet. Charts and schedules may be included in 11-inch by 17-inch page format but shall be folded to fit into an

8.5-inch by 11-inch sheet. Each page shall be consecutively numbered throughout the entire

RFP.

RFP shall be bound or compiled, and shall not exceed thirty (30) 8.5-inch by 11-inch pages in length (excluding front and back covers, dividers, and the cover letter). The submittal package must also include an electronic copy of the proposal saved on a thumb drive.

RFP must contain the information requested below and be organized in the following order:

A. Transmittal/Cover Letter

RFP shall be addressed to Victor Ortiz, P.E., City Engineer, City of Colton, Public Works

Department. Provide a brief summary of the team’s qualifications and capabilities as they pertain to Engineering Plan Check Consulting Services. The summary should indicate an understanding of the professional services required for performance of these services. Include the name, title, address, and telephone number of the person that the City may contact regarding the RFP throughout the period of evaluation. Acknowledgement of receipt of any addenda shall be made in the Transmittal/Cover Letter, and the letter must be signed by the Proposer’s corporate principal with contractual responsibility to bind the Proposer to the terms of the agreement.

B. Project Team Personnel/Experience

This section shall include the names and experience of the Proposer's Project Manager and other key personnel who will be working on the engineering plan check consulting services.

The Project Manager and each member of the Proposer's team must be identified on an

Organization Chart, along with the firm they work for, for easy reference by reviewers. This section should also provide the current and anticipated availability of key team members during the duration of the Engineering Plan Check Consulting Services contract.

The resumes for the key personnel in this section shall not exceed one page each. Resumes should include previous engineering plan check consulting services experience that closely relates to the type and/or scope of work anticipated for this request. Provide at least the following information:

• Project title, location, owner, and description, including estimated cost of the engineering plan check consulting services previously provided.

• The duties, tasks, and work performed by the team member on the listed project.

• The date(s) that the experience was obtained.

C. Team Organization/Experience

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This section should include a brief description of the consultant team. In addition, this section of the RFP should include:

1. A brief profile of each firm on the team that should include information such as a description of the services that they will be providing, the year that the firm was founded, the form of organization (e.g., corporation, partnership, sole proprietorship), the address and telephone number for the team member firm's office(s) that will be providing services, and the estimated percentage of the total scope of the work that the Proposer and each participating firm would be hired to complete under this RFP.

2. A listing of experience of the Proposer and other team member firms of services most closely related to the scope of work for the requested engineering plan check consulting services, and for which services have been provided within the past 5 years. The list should include at least three different clients and should provide the following information for each project:

− Project title, location, owner, description, and estimated cost of the engineering plan check consulting services provided;

− Firm name/organization under which services were provided to the listed project

(i.e., if Proposer or team member has recently merged, purchased, or otherwise joined with another firm who had actually performed the work for the listed project, then list that former firm's name);

− Nature of Proposer's or team member firm’s responsibilities, duties, tasks, and involvement in the engineering plan check consulting services provided;

− Start and end dates (or projected end date) of Proposer's or team member firm's involvement in the engineering plan check consulting services provided;

3. A minimum of three references should be given for the Proposer and at least one reference for each other team member firm identified to provide services for the Project. The references listed should involve the projects for which Proposer has provided comparable services to those in this RFP. The City may at its sole discretion choose to contact any one or all of the references as it deems necessary. References should include the following information:

− Name, address, and current telephone number of the project owner/client and the name of a contact person;

− Name, address, and telephone number of Proposer's client (if different from the project owner) and the name of a contact person.

D. Work Plan and Technical Approach

This section should demonstrate the Consultant’s approach to and understanding of the

Engineering Plan Check Consulting Services required and technical considerations associated with these services. This section should also contain a detailed discussion of the work tasks and management activities necessary for plan check services completion. Discussion topics for consideration may include key plan check issues, technical approach, schedule review process, Page | 5 management procedures, control capabilities, team coordination and experience, quality assurance, etc. Consultants should discuss their understanding and technical approach to engineering plan check consulting services as well.

E. Management Approach

This section should explain the internal processes and procedures the Proposer has that enables successful management of the cost, scope and schedule; and what unique qualifications, knowledge, services, and experience make the Proposer best suited to achieve the successful and timely completion of the engineering plan check services.

F. Engineering Plan Check Consulting Services Schedule

This section should include a milestone schedule showing major activities and key submittals and a discussion of how the consultant proposes to deliver the engineering plan check consulting services in accordance with the schedule.

G. Fee Schedule

Proposers are required to submit a cost proposal on a separate envelope. The cost proposal/fee schedule shall include each tasks necessary to complete the phases of work.

V. EVALUATION CRITERIA

The City will evaluate Proposers based on the following criteria and the relative weighting of importance identified for each of the criteria:

A. Qualifications of the Firm (20%) Technical experience in performing work of a closely similar nature; experience working with other public agencies; knowledge of transportation funding; strength, stability, experience and technical competence of subcontractors.

B. Qualifications of the Key Personnel (20%) Qualifications of “key personnel" especially the Project Manager including relevant past experience and adequacy of labor commitment; references from past engineering plan check consulting services with other public agencies.

C. Engineering Plan Check Consulting Services Experience similar to these services (25%)

Firm’s past experience in engineering plan check consulting services. Staff’s expertise in engineering plan check consulting services and similar consulting services. Ability to closely coordinate with local and other agency staff to expediently proceed through the engineering plan check consulting services requirements of each project.

D. Work Plan, Technical and Management Approach (25%) Depth of Proposer's understanding of City’s requirements and overall quality, logic, clarity and specificity of work plan; appropriateness of distribution of effort among the tasks; ability to meet the project deadline; and reasonableness of proposed schedule.

E. Cost Competitiveness (10%)

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Cost competitiveness will be rated on the quality and reasonableness of the cost proposal including the amount of time that will be spent by key personnel on the project.

The City may decide to award the contract based on the initial evaluation if the staff determined that it will serve within the best interest of the City. If interview is necessary, the City will notify the shortlisted consultants two weeks in advance.

VI. GENERAL INFORMATION

Firms submitting a proposal in response to this RFP must provide in their submittal verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary as described in this RFP.

After reviewing the RFP submitted by interested firms, the City will develop a list of the most qualified firms and may conduct an interview if deemed necessary. Upon completion of evaluation of the RFP/interviews, firms will be ranked. The City will seek a detailed scope of work and cost proposal from the top ranked firm, and begin negotiations. If an agreement is not reached between the City and the top ranked firm, the City will begin negotiations with the second ranked firm and will continue the process until an agreement is reached. The City reserves the right to cancel the solicitation in its entirety and re-solicit proposals. The City reserves the option to negotiate a scope and fee for the final design services, any time during the performance of the work specified in this RFP.

VII. SUBMISSION OF RFP

A. Date and Time RFP must be submitted at or before 5:00 PM, April 24, 2025. RFP received after the above specified date and time will be returned to Proposers unopened.

B. Address Proposals delivered in person or by another means shall be submitted to the following:

City of Colton

Department of Public Works

160 S. 10th Street

Colton, California 92324

Attention: Victor Ortiz, P.E., City Engineer

C. Identification of Proposal.

Proposer shall submit an original and four (4) copies of its RFP in a sealed package together with an electronic copy addressed as shown above, bearing the Proposer’s name and address and clearly marked as follows:

“Engineering Plan Check Consulting Services”

D. Acceptance of RFP/Statements of Qualification

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a. The City reserves the right to accept or reject any and all RFP submittal, or any item or part thereof, or to waive any informalities or irregularities in the RFP.

b. The City reserves the right to withdraw or cancel this RFP at any time without prior notice, and the City makes no representations that any contract will be awarded to any Proposer responding to this RFP.

c. The City reserves the right to revise the proposed schedule for this solicitation for its own convenience.

VIII. PRE-CONTRACTUAL EXPENSES

The City shall not, in any event, be liable for any pre-contractual expenses incurred by

Proposer in the preparation of its RFP.

Pre-contractual expenses include but not limited to expenses incurred by Proposer in:

1. Preparing its RFP in response to this RFP;

2. Submitting that RFP to the City;

3. Negotiating with the City any matter related to this RFP; or

4. Any other expenses incurred by Proposer prior to date of award, if any, of a contract.

IX. ATTACHMENTS (see succeeding pages)

A. Exhibit “A” – Scope of Services

B. Exhibit “B” – Professional Services Agreement and Insurance Requirements

EXHIBIT “A”

SCOPE OF SERVICES

The scope of contract includes, but is not limited to, plan-checking of various development items, consisting of: improvement plans (rough grading, street, sewer, storm drain, on-site grading/paving, traffic signal, traffic striping/signage, and various other improvements); subdivision maps (final tract maps and parcel maps); and professional studies (hydrology/hydraulic, sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/ NPDES plans, water quality management plans, and various other studies) and Right-of-Way Documents (including, but not limited to legal descriptions for: Easements, Dedications, Lot Line Adjustments, and Parcel

Mergers).

In conformance with the approved performance schedule, civil engineering plan-check consultants shall provide a thorough and complete initial plan-check using the highest professional standards. An initial plan-check shall be provided in conformance with City of Colton standards, civil engineering design guidelines appropriate for the type of work

(Standard Specifications for Public Works Construction “Greenbook”, State of California

Standards “Caltrans” Specifications, Caltrans Highway Design Manual, and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the

City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.

The Engineering Division of the Public Works and Utility Services Department will not accept a development item for initial plan-check until a complete plan-check package is provided by the developer, including engineering cost estimates. The civil engineering plan check consultant shall be expected to review development items (plans, maps, or professional studies) in conformance with and in relation to the following related items:

• Adopted “Conditions of Approval”,

• Approved Architectural Site Plans or Tentative Maps

• Planning Department comments, as relevant

• Title Report, Current Tax Bill or other property ownership verification

• Professional Studies (geotechnical, hydrology, sewer, traffic, etc.)

• Verification of issuance of a General Construction Activity Storm Water Permit, if required

• Grants or Vacations of Right-of-Way, as relevant

• Traverse, Lot and Tract Boundary Closures for final or parcel maps

• Reference maps, Assessor Maps, and other information related to final tract or parcel maps

In reviewing improvement plans the civil engineering plan-check consultant shall ensure that all

“Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway

Widths); required street pavement section and street design; minimum/maximum percentage slopes.

The Consultant shall follow the Engineering Division’s current Improvement Plan Check Sheets to ensure that minimum standards are met; and, shall ensure that the current General Notes are included on the first sheet of each plan set. In reviewing final or parcel maps; the civil engineering plan-check consultant shall ensure that all “Conditions of Approval” are met, such as: required public and private right-of-way or easement dedications, right-of-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement dedications. The Consultant shall ensure that all final or parcel maps are technically correct and meet current local and state regulations. It shall be the Consultant’s responsibility to review the title report for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final tract or parcel map are consistent with the current vesting ownership indicated in the title report.

Upon completion of the first (initial) plan-check, the Consultant shall provide a complete and thorough itemized written list of plan-check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Division of the Public Works and Utility Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan-check comments on subsequent plan-check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. The Consultant shall maintain its own plan-check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data.

The Consultant shall scan all red-lined plans returned to the developer’s consultant for correction as part of its plan-check file, and shall make the scanned plans available to the City upon request.

Throughout the plan-check process, the Consultant shall be expected to be available to meet, as necessary, with the Engineering Division of the Public Works and Utility Services Department and/or the developer’s consultant to discuss plan-check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan-check service fee charged by the Consultant, and shall not be separately paid for outside of the plan-check process. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed.

When ready for approval, the Consultant shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by the Consultant. The Consultant will be acting as the City Surveyor through the development process. In addition, the City will require the Consultant be the City Surveyor outside the development process. The Consultant will advise the City on Survey/Mapping issues or questions. Compensation for the additional work as requested by the City will be compensated at the hourly rate provided.

Plan checking timelines must comply with the following plan review schedule:

1st Plan Check – 2 week turn-around or less (calendar days)

2nd Plan Check – 2 week turn-around or less (if not completely new plan check submittal)

3rd and subsequent Plan Check – 2 week turn-around or less

Selected consultant(s) must additionally ensure plan check review is not interrupted or otherwise delayed due to plan checker unavailability otherwise the contract may be subject to termination in accordance with sections 3.1, 3.3.4, and 3.6.1 of the Professional Services Agreement.

The contract shall be valid for Fiscal Year 2025-2026 with the option to renew for three successive years and entitled for increase based on Consumer Price Index (CPI). The approximate amount of the contract is $80,000 annually.

(BB&K 2024)

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[***MODEL - REMOVE THIS TITLE WHEN USED***]

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Colton, a municipal corporation organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("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 consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing [***INSERT TYPE***] services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project; Colton Utility Authority.

City desires to engage Consultant to render such professional [***INSERT TYPE***] consulting services for the [***INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE***] project ("Project") as set forth in this Agreement. [***INCLUDE THE

FOLLOWING 2 SENTENCES ONLY IF AGREEMENT INVOLVES WATER OR WASTEWATER

UTILITIES – DELETE OTHERWISE; ALSO DELETE “COLTON UTILITY AUTHORITY FROM

TITLE OF RECITAL***]Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management 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 the labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE***] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject

23152.06000\30453088.2 -2-to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. [***INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]

3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE

FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED

THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including 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 total compensation shall not exceed [***INSERT AMOUNT WRITTEN OUT***] ($[***INSERT NUMBER***]) 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 thereon. 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.

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.

Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

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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.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's 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 expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [***INSERT NAME AND TITLE***].

23152.06000\30453088.2 -4-

3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], 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 Work 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 Work or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of 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. Finally, 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.

As provided for in the indemnification provisions 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 sub-consultants 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 [***DELETE “and Liquidated Damages” IF NO LDS INCLUDED] and Liquidated Damages. 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

23152.06000\30453088.2 -5-the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING

SENTENCE ONLY IF YOU'RE INCLUDING LD'S – DELETE OTHERWISE – DON'T SIMPLY

INSERT $0***] Pursuant to Government Code Section 53069.85, Consultant shall pay to the City as fixed and liquidated damages the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification. 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 Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies 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. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.3.10 or any of its sub-sections.

3.3.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

3.3.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate

23152.06000\30453088.2 -6-the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.4 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.

3.3.10.5 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). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. 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 sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH

USE***]

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 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.

23152.06000\30453088.2 -7-

3.3.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);

and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29);

or (2) cross liability for claims or suits by one insured against another.

(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000

MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF

CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM

AMOUNT***] per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000

MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF

CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM

AMOUNT***] per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000

MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF

CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM

AMOUNT***] per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.

(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, 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. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

23152.06000\30453088.2 -8-

3.3.11.3 Professional Liability. [***INCLUDE THIS SUB-SECTION ONLY IF APPLICABLE; DELETE OTHERWISE***] Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession.

Such insurance shall be in an amount not less than [***INSERT AMOUNT - TYPICALLY

$1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON

NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO

CONFIRM AMOUNT***] per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.3.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).

(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B).

(C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, 23152.06000\30453088.2 -9-officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.

(D) All Coverages. Each insurance policy required by this…