RFP - Engineering Services to Update the Sewer Master Plan

CITY OF ALHAMBRAUTILITIES DEPARTMENTR F P 2M25-12CONTRACTS DOCUMENTS AND REQUEST FOR PROPOSALFORENGINEERING SERVICE TO UPDATETHE SEWER MASTER PLANCITY OF ALHAMBRA111 SOUTH FIRST STREETALHAMBRA, CA 91801PROPOSALS DUE NO LATER THAN 4:00 P.M. ON THURSDAY, AUGUST 28th, 2025ENGINEERING SERVICE TO UPDATE THE SEWER MASTER PLANGENERAL INFORMATIONAward of contract by the City Council, if any, will be made in the best interest of the City and shall bebased upon various factors, including but not limited to the following: proposer's qualifications,experience, reputation, responsiveness, availability and cost. The City of Alhambra reserves the right toaccept or reject any or all Proposals, to be the sole judge of the merits and qualifications of the servicesand/or items offered and the ability of Proposer to responsibly perform. The City reserves the right towaive any irregularities or informalities in any Proposal submitted or in the procedure. An award ofcontract may be made to other than the firm offering the lowest costs. Proposal may not be withdrawn fora period of sixty (60) days after the time Proposals are due.The successful bidder shall meet all insurance requirements of the City including, but not limited to, theprovisions of personal and property liability including automobile coverage and Workers Compensationin the limits acceptable to the City. All required insurance shall name the City of Alhambra as AdditionalInsured.GENERAL SYSTEM INFORMATIONDescription of the Sewer SystemThe City of Alhambra's Utilities Department sanitary sewer system is made up of a network of gravitysewers, pump stations, and forced mains. The gravity system consists of approximately 129 miles of pipe,2800 manholes, and seven lift stations with 7,800 feet of forced mains.DESCRIPTIONThe Sewer Master Plan is to provide an evaluation of the City's sewer collection system and to provide aframework for undertaking the construction of new and replacement facilities in an effective manner. TheCity's most recent Sewer Master Plan was prepared in 2007. The Sewer Master Plan evaluates thecapacity and condition of the City's sanitary sewer system and establishes the basis for the City's ten-yearsewer system Capital Improvement Program (CIP).PROPOSED SCHEDULEThe city anticipates the project schedule to be as follows:July 31, 2025 Distribution of Requests for ProposalsAugust 14, 2025 Submit Written Questions to the CityAugust 28, 2025 Proposals due no later than 4:00 p.m.September 4, 2025 Review of ProposalsSeptember 22, 2025 Contract Award by the City CouncilOctober 20, 2025 Execution of Contract and Notice to ProceedThe City of Alhambra reserves the right to adjust this schedule as necessary.SUBMITTAL DEADLINE AND PROPOSAL CONTENTSThe entire proposal package must be returned in its entirety with all requested information completed.Proposals shall be delivered in a sealed envelope via regular mail, overnight or other carrier, or handdelivered not later than 4:00 P.M. on Thursday, August 28th, 2025, at the following location: City ofAlhambra, Utilities Department, 111 S. First Street, Alhambra, CA, 91801. Indicate on the SealedEnvelope Do Not Open with Regular Mail.Copies of the cost proposal shall be submitted under a separate cover, in a sealed envelope, properlylabeled as stated under Item 11 under Proposal Elements , and shall be delivered or mailed to the sameaddress shown above on the same day and time with the project Proposal. Facsimile or e-mail submittalswill not be accepted. The proposing firm should provide the City with an original and two (2) copies ofthe proposal and the cost proposal.All responses must be completed as required, signed by an official of the firm who is authorized to enterinto a binding agreement with the City on behalf of the company, and must be received in the place andby the time designated in this document.QUALIFYING EXPERIENCEThe engineering consultant selected to perform the above-described work shall demonstrate provenexperience in sewage conveyance engineering including public sanitary sewer system planning, andlining projects. The firms to be considered for this work effort shall have completed at least three (3)public sanitary sewage system engineering design projects of similar size and complexity within the lastfive (5) years.PROPOSAL ELEMENTSIn order to assist the selection committee in making a determination, the City requires that all Proposersadhere to the response format outlined below. Firms failing to meet this requirement will be negativelyevaluated. Missing sections or inadequate information presented may mean disqualification of thecompany from consideration. Responses shall be simply prepared, brief and to the point. Needlesslylengthy documents filled with extraneous material will not be favorably received.Responses to this Request for Proposal shall include the following in this order:1. Cover Letter.2. Table of Contents.3. Introduction/Executive Summary. Highlight the company's unique qualifications and relevantexperience.4. Consultant understanding of the project and approach to the work. Include scope of work listing tasks,descriptions, methods, and techniques.5. A staffing chart by job description or title. Indicate which staff are in-house and which are subconsultants.6. Designation of Sub-Contractors/Sub-Consultants Form7. References Form. A listing of a minimum of three (3) clients for whom similar work has beenperformed in the last five (5) years, including individual contact person, address and phone numberwho is familiar with the project.8. Proposer Information Form.9. A description of the firm's and any sub-consultant's experience relating specifically to the design andengineering of state-of-the-art sewage conveyance facilities and attendant sewer system improvements.10. Cost Proposal Form shall be provided in a separate sealed envelope marked Cost Proposal - City ofAlhambra RFP2M25-12 Engineering Services to Update the Sewer Master Plan, The costproposal shall be prepared on an hourly rate not-to-exceed basis. Include a time and materialsreimbursement schedule and an hourly rate for each position.11. Acceptance of Conditions Statement. This will be a statement offering the proposer's acceptance ofall conditions listed the Request for Proposals document. Any exception on the contractor's behalfmust be stated in the proposal including any exemptions to provisions in Sample Contract.12. Additional Data. This section may contain material not specifically requested for the evaluation, butwhich the proposer wishes to submit. This may include brochures, pictures, a general narrative, and astatement of additional services the proposing firm may wish to provide.13. Appendix/Attachments.14. Construction Supporting Services for the length of the Project.SELECTION CRITERIAThe City intends to retain the engineering firm whose proposal it believes is most advantageous to theCity. Evaluation of the proposal will be based on qualifications of the respondents. The City wishes tohire a firm with significant professional credentials. Selection will be made on the following factors:1. Qualifications of the project team, including personnel and sub consultants.2. Relevant recent project experience, particularly in the region.3. Overall Cost.4. Project references.5. Soundness of technical approach.6. Ability to meet required timelines.7. Quality of proposal response and adherence to required format.DISCRETION AND LIABILITY WAIVERThe City reserves the right to reject all proposals or to request and obtain, from one or more of theengineering firms submitting proposals, supplementary information as may be necessary for City staff toanalyze the proposals pursuant to the consultant selection criteria contained herein. The City is not liablefor the costs incurred by the proposers for the preparation of the proposals.The consultant, by submitting a response to this Request for Proposal, waives all rights to protest or seekany legal remedies whatsoever regarding any aspect of this Request for Proposal.All proposals shall be binding for a period of sixty (60) days after the delivery date and may be retainedby the City for examination and comparison.INSURANCE REQUIREMENTSUpon Award of Contract by the City Council, the consultant shall provide the City with requiredCertificates of Insurance evidencing minimum coverage of $1,000,000 in Professional Liability,Contractual General Liability and Automobile Liability coverage, naming the City of Alhambra asAdditional Insured. The insurance requirements are clearly described in the Sample Agreement forConsultant Services included herein.BUSINESS LICENSE REQUIREMENTUpon Award of Contract, the consultant shall obtain a City of Alhambra Business License and maintainone throughout the term of the contract.GENERAL REQUIREMENTSPurpose - The purpose of the Request for Proposals (RFP2M24-24) is to solicit proposals from qualifiedengineering consulting firms with extensive, proven experience in design, engineering, preparation ofplans and specifications, project and construction support services.City Option to Reject all Proposals - The City may, at its sole discretion, reject any and all proposalssubmitted in response to this RFP. The City will not be liable for any costs incurred in connection withthe preparation and submittal of any proposal. The City reserves the right to waive any irregularities in asubmitted proposal.Contract Sum - All proposals will include a specific cost proposal in a not-to-exceed amount, basedupon the description of services and scope of work to be performed.Contract Payment - Payment to contractor will be made in arrears on a monthly basis for servicesperformed, provided that the contractor is not in default under any provisions of this agreement.Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code.Compliance with the prevailing rates of wages and apprenticeship employment standards established bythe State Director of Industrial Relations will be required.Equal Opportunity Clause - Contractors shall ensure against discrimination in employment practices onthe basis of race, color, national origin, ancestry, sex or religion will be required.The City of Alhambra hereby ensures that minority business enterprises will be afforded full opportunityto submit proposals in response to this notice and will not be discriminated against on the basis of race,color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.Equal Opportunity Employment Compliance - Proposer certifies that it has sought out and consideredminority business enterprises for those portions of the work to be sub-contracted and has fullydocumented such actions that said documentation is open to inspection, and that said action will remain ineffect for the life of any contract awarded hereunder.Furthermore, Proposer certifies that all steps will be taken to meet all equal employment opportunityrequirements of the contract documents. Proposer certifies that in all previous contracts or subcontracts,all reports which may have been due under the requirements of any agency, State, or Federal equalemployment opportunity orders have been satisfactorily filed, and that no such reports are currentlyoutstanding.Legal Responsibilities - All proposals must be submitted, filed, made, and executed in accordance withState and Federal laws relating to proposals for contracts of this nature whether the same or expresslyreferred to herein or not. Any company submitting a proposal will by such action thereby agree to eachand all of the terms, conditions, provision, and requirements set forth, contemplated, and referred to in theRequest for Proposal, and other contract documents, and to full compliance therewith.Interpretation of Documents - A person in doubt as to the meaning of any part of the contractdocuments, or finds discrepancies, in, or omissions, may submit to the City a written request for aninterpretation or correction thereof. The person submitting the request will be responsible for its promptdelivery. Any interpretation or correction of the contract documents will be made only by addendum dulyissued and a copy of such addenda will be faxed to each person receiving a set of the contract documents.No oral interpretation of any provision in the contract will be made to any Proposer.Discrepancies and Misunderstandings - Contractors and consultants must satisfy themselves bypersonal examination of the work site, specifications, and other contract documents, and by any othermeans as they may believe necessary, as to the actual physical conditions, requirements and difficultiesunder which the work must be performed. No contractor or consultant will at any time after submissionof a proposal make any claim or assertion that there was any misunderstanding or lack of informationregarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors,omissions, or discrepancies called to the attention of the City of Alhambra will be clarified by the City inwriting to all proposers prior to the submission of proposals.Proposer Interested in More than One Proposal - No person, firm, or corporation will be allowed tomake or file, or be interested in more than one proposal for the same work unless alternate bids arespecifically called for. No proposal will be accepted from a consultant who has not been licensed inaccordance with the provisions of the State Business and Professional Code.Listing Sub-contractors, Vendors and Sub-consultants - Each Proposer will submit a list of theproposed subcontractors of this project as required by the Subletting and Subcontracting Fair Practice Act(Govt. Code Sec 4100 et seq.) Forms for this purpose are furnished herein.Non-Collusion Affidavit - Proposer declares that the only persons or parties interested in this proposal asprincipals are those named herein; that no officer, agent, or employee of the City of Alhambra ispersonally interested, directly or indirectly, in this proposal; that this proposal is made without connectionto any other individual, firm, or corporation making a bid for the same work and that this proposal is in allrespects fair and without collusion or fraud.The following is a general outline of the scope of work for the design, specification, and constructionmanagement for the lining of four sewers in need of repairSCOPE OF SERVICESThe following is a general outline of the scope of work to develop or update the Sewer Master Plan. Thescope as presented is considered comprehensive and will be utilized to evaluate the proposals received asthe baseline for comparison. The proposal should contain the cost associated with designing andpreparing the following:Task 1 Data Collection and Review Existing Information: This task involves reviewing maps,documents, and data related to the sewer system, including the City's GIS files; plans and reports; mapsand drawings of sewer system facilities and recent sewer improvement projects; water use and customeraccount data; historical flow monitoring data; the City's General Plan and other relevant planninginformation; and sewer maintenance and Closed-Circuit Television (CCTV) inspection data.Task 2 Develop Sewer System Model: In this task, a hydraulic model of the City's trunk sewer systemshall be developed using software. The hydraulic model includes all major sewer mains appropriate forhydraulic modeling. All of the sewer mains modeled in the 2007 Sewer Master Plan will be included inthe update. The existing lift stations needed to be analyzed by the update.Task 3 Develop Wastewater Flows: Existing sewer base flows can be derived from water billing data.Future flows will be derived from population projections supplemented with future development projectsidentified and approved by the city.Task 4 Flow Monitoring: Conduct flow monitoring to obtain dry and wet-weather flow data to be usedfor model calibration. Conduct additional flow metering to capture potential wet weather flows duringwet season.Task 5 Sewer System Capacity Analysis: The hydraulic model will be used to assess the hydrauliccapacity of the sewer system for existing and future flow scenarios. Capacity improvements to resolvecapacity deficiencies shall be identified and tested in the model, along with associated costs.Task 6 Summarize CCTV Inspection Results: This task involves assessing the condition of the existingsewer system and developing a recommendation program for sewer rehabilitation and replacement (R/R).The condition of the system will be assessed based on CCTV inspection data collected by the City.Task 7 Capital Improvement Program (CIP): Based on the results, a 10-year CIP shall be developed forrecommended capacity improvements (if needed) and sewer R/R. The cost estimate of the proposed CIPwill be based on current sewer rate and associate annual budgets.Task 8 Deliverables and Project Management. This report shall be prepared to present the results andrecommendations of the study. Final product shall be submitted in hard copy and flush disc. Consultantshall prepared presentation to Staff and Council for approval as needed.PROPOSER INFORMATIONProposer certifies that the following information it true and correct:Firm Name: Proposer's Name: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If a Corporation, State of Incorporation (i.e., Calif.) Business Address: Telephone: Fax: Email: Engineer's License No.: Original Date Issued: Expiration Date: The following are the names, titles, addresses, and phone numbers of all individuals, firmmembers, partners, joint ventures, and/or corporate officers having a principal interest in thisproposal: The date of any voluntary or involuntary bankruptcy judgments against any principal having aninterest in this proposal are as follows: DESIGNATION OF SUBCONSULTANTSProposer proposes to subcontract certain portions of the work, which are in excess of one-half ofone percent of the bid, and to procure materials and equipment from suppliers and vendors asfollows:NAME, ADDRESS AND PHONENUMBER OF SUBCONSULTANTS,SUPPLIERS AND VENDORSPORTION OF WORK MATERIALS OREQUIPMENTREFERENCESThe following are the names, addresses, and telephone number for three AGENCIES for whichproposer has performed similar engineering consulting work for within the past three (3) years.1. Name and address Name and telephone number of person familiar with project Contract amount Type of work Date completed2. Name and address Name and telephone number of person familiar with project Contract amount Type of work Date completed3. Name and address Name and telephone number of person familiar with project Contract amount Type of work Date completedThe following are the names, addresses, and telephone numbers for all brokers and sureties fromwhom bidder intends to procure insurance bonds: COST PROPOSAL FORMPursuant to and in compliance with your Request for Proposals and the other documents relatingthereto, the undersigned proposer, having familiarized himself/herself with the work as per theparagraph, Discrepancies and Misunderstandings, contained in the INSTRUCTIONS TO FIRMSSUBMITTING PROPOSALS section, and with the terms of the contract, the local conditionsaffecting the performance of the contract, and the cost of the work at the place where the work is done,and specifications and other contract documents, hereby proposed and agrees to perform, within thetime stipulated, the contract, including all of its component parts, and everything required to beperformed, and to provide and furnish any and all of the labor, materials, tools expendable equipment,and all applicable taxes, utility and transportation services necessary to perform, the contract andcomplete in a workmanlike manner all of the work required in connection with RFP2M25-12Engineering Services to Update the Sewer Master Plan. all in strict conformity with the specificationsand other Contract Documents on file at the office of the City Clerk of the City, for the following lumpsum bid:BASE BIDThe furnishing of all labor, supplies and materials, methods, processes, tools, implements, machinery,transportation, insurance and bonds for or incidental to providing the City's Professional EngineeringServicesCost Proposal Form shall be provided in a separate sealed envelope marked Cost Proposal - City ofAlhambra RFP2M25-12 Engineering Services to Update the Sewer Master Paln. The cost proposal shallbe prepared on an hourly rate not-to-exceed basis and should include a time and materialsreimbursement schedule and an hourly rate for each position.Company:Address:Proposer's Name:Proposer's Title:Proposer's Signature:Date:AGREEMENT FOR PROFESSIONAL SERVICESContract No. This AGREEMENT FOR PROFESSIONAL SERVICES ( AGREEMENT ) is made and enteredinto effective as of the day of , 20 , by and between the CITY OFALHAMBRA, a charter law city, located at 111 South First Street, Alhambra, CA 91801, ( CITY )and [inset corporation, LLC, partnership etc.], located at ( CONSULTANT ).W I T N E S S E T H:For and in consideration of the promises and of the mutual covenants and agreements herein contained,said parties hereby agree as follows:RECITALS. This AGREEMENT is made and entered into with respect to the following facts:CITY requires professional services ( SERVICES ); andOn , 200 , CITY issued a Request for Proposals # ( RFP ) toobtain professional services for the CITY's and based on reviewand rating of RFPs received CONSULTANT was selected; andCONSULTANT is qualified to provide those certain services to the CITY necessary for saidSERVICES; and, therefore, the Alhambra City Council has elected to engage theservices of CONSULTANT upon the terms and conditions hereinafter set forth.SCOPE OF SERVICES.CONSULTANT shall furnish to the City all labor, materials, tools, equipment, services, andincidental customary work necessary to fully and adequately perform those servicesdescribed in CONSULTANT's Proposal for Services dated ,( PROPOSAL ) consistent with the CITY's Request for Proposals dated ( RFP ) attached hereto as Exhibits A and B respectivelyand hereby incorporated by reference.Performance of the SERVICES specified herein is made an obligation of CONSULTANTunder this AGREEMENT, subject to any changes made subsequently upon the mutualwritten agreement of the parties.The scope of services to be performed by CONSULTANT under this AGREEMENT shallinclude, but not be limited to, those services specified in Paragraph 2A hereof.PERFORMANCE STANDARDS. While performing this AGREEMENT CONSULTANT will usethe appropriate generally accepted professional standards of practice existing at the time ofperformance utilized by persons engaged in providing similar services. CONSULTANT shallcooperate with CITY if CITY opts to monitor CONSULTANT's services. CITY will notifyCONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after suchnotification to cure any shortcomings to CITY's satisfaction. Costs associated with curing thedeficiencies will be borne by CONSULTANT.FAMILIARITY WITH WORK.By executing this AGREEMENT, CONSULTANT agrees that, to the best ofCONSULTANT's knowledge and belief, CONSULTANT hasCarefully investigated and considered the scope of services to be performed;Carefully considered how the services should be performed; andUnderstands the facilities, difficulties, and restrictions attending performance of theservices under this Agreement.If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or willinvestigate the site and is or will be fully acquainted with the conditions there existing,before commencing the services hereunder. Should CONSULTANT discover anylatent or unknown conditions that may materially affect the performance of the services,CONSULTANT will immediately inform CITY of such fact and will not proceedexcept at CONSULTANT's own risk until written instructions are received from CITY.CITY SUPERVISION. The Director of the Department of of CITY, or theDirector's designee, shall have the right of general supervision of all work performed byCONSULTANT and shall be the CITY's agent with respect to obtaining CONSULTANT'scompliance hereunder. No payment for any services rendered under this AGREEMENT shall be madewithout the prior approval of the Director of or the Director's designee.FEE. Compensation to CONSULTANT for the total services to be rendered pursuant to thisAGREEMENT shall be in an amount not to exceed $ to be billed in a mannerdescribed in CONSULTANT's PROPOSAL, consistent with the CITY's RFP. If any discrepanciesexist between the RFP and the CONSULTANT's PROPOSAL exist, then the terms of the RFP shallcontrol.EXTRA SERVICES. Notwithstanding any other provision herein, no extra services shall be renderedby CONSULTANT under this AGREEMENT unless such extra services first shall have beenauthorized in writing by the CITY. Any such services so authorized shall be paid by the CITY at ratesapproved of by the CITY.PAYMENT BY CITY. CONSULTANT shall send invoices to the City on a monthly basis, basedupon the services already rendered at the time of the submission. City shall pay all proper costs withinthirty (30) days of receipt of such invoice(s).TERM. The term of this AGREEMENT shall be as provided for in the RFP from after the date onwhich the CITY issues CONSULTANT a Notice to Commence Work. CONSULTANT shallcomplete all those services set forth in its PROPOSAL by that certain date set forth in said Notice toCommence Work or until such time as the services have been completed by the CONSULTANT andaccepted by the CITY, whichever occurs first. The CITY may extend said time of completion fordelays caused by circumstances beyond the control of either party to this AGREEMENT. Should theconsulting contract extend beyond the estimated time for completion of said services, CITY herebyreserves the right to continue CONSULTANT's services hereunder with any and all fees for suchadditional services to be compensated by the CITY at rates approved by the CITY.DISPUTES AND REMEDIES.Claims, disputes, and other matters in question between the Parties arising out of or relating tothis AGREEMENT or the breach thereof, must be resolved by the following procedure:CITY and CONSULTANT will exercise their best efforts to resolve disputes throughthe development of a consensus. A meeting may be requested by CITY orCONSULTANT at any time for the purpose of resolving a dispute. Adetermination by CITY'S Director of the Department of will be made within two (2) weeks after a meeting to resolve the dispute;If unresolved within thirty (30) days, then City Manager, or his designee, will make afinal determination;Following the City Manager's final determination, the Parties may submit anyunresolved matters to non-binding mediation. The parties may, but are notrequired to be, represented by counsel in mediation;If the Parties do not agree to mediation, or if mediation does not resolve the Parties'dispute, the matter may be pursued in Los Angeles County Superior Court, orthe United States District Court, Central District of California, if federaljurisdiction exists.The Parties' rights and remedies under this Agreement are in addition to any other rights andremedies provided by law.PREVAILING WAGE. CONSULTANT is aware of the requirements of California Labor CodeSection 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section1600, et seq., ( Prevailing Wage Laws ), which require the payment of prevailing wage rates and theperformance of other requirements on public works and maintenance projects. If the SERVICESare being performed as part of an applicable public works or maintenance project, as defined bythe Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees tofully comply with such Prevailing Wage Laws. The CITY shall provide CONSULTANT with a copyof the prevailing rates of per diem wages in effect at the commencement of this Agreement.CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft,classification or type of worker needed to execute the SERVICES available to interested parties uponrequest, and shall post copies at the Consultant's principal place of business and at the project site.CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employeesand agents free and harmless from any claim or liability arising out of any failure or alleged failure tocomply with the Prevailing Wage Laws.TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT upon giving aten (10) day advance written notice of such termination to CONSULTANT. In that event, the CityManager, or his designee, based upon work accomplished by CONSULTANT prior to notice of suchtermination, shall determine the amount of fees to be paid to CONSULTANT for such services basedupon accepted accounting practices. This finding by the City Manager, or his designee, shall beconsidered by the Alhambra City Council and the Council's determination shall be final andconclusive as to the amount of such fee.INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent contractor in theperformance of the services provided for in this AGREEMENT and shall furnish such services inCONSULTANT's own manner and method and in no respect shall CONSULTANT be considered anagent or employee of the CITY.OWNERSHIP OF DOCUMENTS. All financial documents, data, studies, and reports prepared byCONSULTANT under this AGREEMENT are CITY's property. CONSULTANT may retain copiesof said documents and materials as desired, but will deliver all original materials to CITY uponCITY's written notice. CITY agrees that use of CONSULTANT's completed work product, forpurposes other than identified in this AGREEMENT, or use of incomplete work product, is at CITY'sown risk. CITY will indemnify and hold CONSULTANT harmless for any use of the work productother than as contemplated by this AGREEMENT.PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under thisAGREEMENT, no copies, sketches, or graphs of materials, including graphic art work, preparedpursuant to this Agreement, will be released by CONSULTANT to any other person or City withoutCITY's prior written approval. All press releases, including graphic display information to bepublished in newspapers or magazines, will be approved and distributed solely by CITY, unlessotherwise provided by written agreement between the parties.NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in part byCONSULTANT without the written consent of CITY.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a validTaxpayer Identification Number.PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain duringthe term of this AGREEMENT, all necessary permits, licenses, and certificates that may be required inconnection with the performance of services under this Agreement.INDEMNIFICATION.CONSULTANT hereby agrees to the following:Indemnification for Professional Services. CONSULTANT will save harmless andindemnify CITY and, at CITY's request, reimburse defense costs for CITY andall its officers, volunteers, employees and representatives from and against anyand all suits, actions, or claims, of any character whatever, brought for, or onaccount of, any injuries, including death or damages sustained by any person orproperty resulting or arising from any negligent or wrongful act, error oromission by CONSULTANT or any of CONSULTANT's officers, agents,employees, or representatives, in the performance of this Agreement.Indemnification for other Damages. CONSULTANT indemnifies and holds CITYharmless from and against any claim, action, damages, costs (including, withoutlimitation, attorney's fees), injuries, or liability, arising out of this Agreement, orits performance. Should CITY be named in any suit, or should any claim bebrought against it by suit or otherwise, whether the same be groundless or not,arising out of this Agreement, or its performance, CONSULTANT will defendCITY (at CITY's request and with counsel satisfactory to CITY) and willindemnify CITY for any judgment rendered against it or any sums paid out insettlement or otherwise.For purposes of this section CITY includes CITY's officers, officials, employees, agents, andrepresentatives.It is expressly understood and agreed that the foregoing provisions will survive termination ofthis Agreement.CITY does not, and shall not, waive any rights against CONSULTANT which it may have byreason of the aforesaid hold-harmless AGREEMENT because of the acceptance byCITY or the deposit with CITY by CONSULTANT, of any of the insurance policieshereinafter described in this AGREEMENT.The aforesaid hold-harmless AGREEMENT by CONSULTANT shall apply to all damages andclaims for damages of every kind suffered, or alleged to have been suffered, by reasonof any of the aforesaid operations of CONSULTANT, or any subcontractor ofCONSULTANT, regardless of whether such insurance policies shall have beendetermined to be applicable to any of such damages or claims for damages.Notwithstanding any provision of this Agreement to the contrary, design professionals shall berequired to defend and indemnify the City only to the extent allowed by Civil CodeSection 2782.8, namely for claims that arise out of, pertain to, or relate to thenegligence, recklessness, or willful misconduct of the design professional. The termdesign professional includes licensed architects, licensed landscape architects,registered professional engineers, professional land surveyors and the business entitieswhich offer such services in accordance with the applicable provisions of the Businessand Professions Code.The provisions of this section do not apply to Claims occurring as a result of the City's solenegligence or willful acts or omissions.INSURANCE. CONSULTANT shall not commence work under this contract until CONSULTANTshall have obtained all insurance required by this AGREEMENT and such insurance shall have beenapproved by CITY as to form, amount and carrier, nor shall CONSULTANT allow any subcontractorof CONSULTANT to commence work on any subcontract until all similar insurance required of thesubcontractor of CONSULTANT shall have been so obtained and approved.COMPENSATION INSURANCE. CONSULTANT shall take out and maintain, during thelife of this contract, Worker's Compensation Insurance for all of CONSULTANT'Semployees employed to perform the SERVICES as described section 2 of theAGREEMENT; and, if any work is sublet, CONSULTANT shall require thesubcontractor of CONSULTANT similarly to provide Worker's CompensationInsurance for all of the latter's employees, unless such employees are covered by theprotection afforded by CONSULTANT. If any class of employees engaged in workunder this AGREEMENT is not protected under any Workers' Compensation law,CONSULTANT shall provide and shall cause each subcontractor of CONSULTANT toprovide adequate insurance for the protection of employees not otherwise protected.CONSULTANT shall indemnify CITY for any damage resulting to it from failure ofeither CONSULTANT or any subcontractor of CONSULTANT to take out or maintainsuch insurance.COMPREHENSIVE GENERAL LIABILITY, PROFESSIONAL LIABILITY,COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUALGENERAL LIABILITY INSURANCE. CONSULTANT shall take out and maintainduring the life of this contract comprehensive general liability, products/completedoperations hazard, comprehensive automobile liability and contractual general liabilityinsurance and shall protect CITY, its elective and appointive boards, officers, agentsand employees, CONSULTANT, and any subcontractor of CONSULTANT performingwork covered by this contract, from claims for damage for personal injury, includingdeath, as well as from claims for property damage which may arise fromCONSULTANT'S or any subcontractor of CONSULTANT'S operations under thiscontract, whether such operations be by CONSULTANT or by any subcontractor ofCONSULTANT, or by anyone directly or indirectly employed by eitherCONSULTANT or any subcontractor of CONSULTANT, and the amounts of suchinsurance shall be as follows:Commercial General Liability Insurance in an amount of not less than ONE MILLIONDOLLARS ($1,000,000);Professional Liability Insurance in an amount of not less than ONE MILLIONDOLLARS ($1,000,000);Comprehensive Automobile Liability Insurance in an amount of not less amount of notless than ONE MILLION DOLLARS ($1,000,000).A combined single limit policy with aggregate limits in an amount of not lessthan TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent tothe said required minimum limits set forth in subsections (i),(ii), and (iii) above.PROOF OF INSURANCE. The insurance required by this Agreement shall be with insurerswhich are Best A+ rated, and California-Admitted, or better. The CITY of Alhambrashall be named as additional insured on all policies required hereunder, except forProfessional Liability Insurance, and CONSULTANT shall furnish the CITY Clerk,concurrently with the execution hereof, with satisfactory proof of carriage of theinsurance required, and adequate legal assurance that each carrier will give CITY atleast thirty (30) days' prior notice of the cancellation of any policy during the effectiveperiod of the contract.NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizingCONSULTANT or any subcontractor to commence work under this AGREEMENTuntil CONSULTANT has provided to the CITY Clerk the proof of insurance asrequired by subparagraph (C) of this article.NON-DISCRIMINATION. CONSULTANT shall not discriminate in its recruiting, hiring,promotion, demotion or termination practices on the basis of race, religious creed, color, nationalorigin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, orsexual orientation in the performance of this AGREEMENT and shall comply with the provisions ofthe California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of theCalifornia Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352,and all amendments thereto; Executive Order 11246; and all administrative rules and regulationsissued pursuant to such acts and order.UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to comply with all of theprovisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and,in connection therewith, shall not employ unauthorized aliens as defined therein. ShouldCONSULTANT so employ such unauthorized aliens for the performance of work and/or servicescovered by this AGREEMENT, and should the Federal Government impose sanctions against theCITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburseCITY for the cost of all such sanctions imposed, together with any and all costs, including attorney'sfees, incurred by the CITY in connection therewith.CONFLICT OF INTEREST. CONSULTANT will comply with all conflict-of-interest laws andregulations including, without limitation, CITY's conflict of interest regulations.WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENTshall not constitute the waiver of any other term, condition or covenant hereof.ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of thisAGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonableattorney's fees, in addition to any other relief to which it may be entitled.BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators,successors and assigns of the parties hereto.PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are cumulative and inaddition to and not in limitation of any rights or remedies available to CITY.NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms andprovisions of this AGREEMENT have been negotiated and discussed between the parties and theirattorneys, and this AGREEMENT reflects their mutual AGREEMENT regarding the same. Becauseof the nature of such negotiations and discussions it would be inappropriate to deem any party to be thedrafter of this AGREEMENT; and, therefore, no presumption for or against validity or as to anyinterpretation hereof, based upon the identity of the drafter, shall be applicable in interpreting orenforcing this AGREEMENT.ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party asfollows:That each party either had the assistance of counsel or had counsel available to it, in thenegotiation for, and execution of, this AGREEMENT, and all related documents; and,That each party has lawfully authorized the execution of this AGREEMENT.MODIFICATION. This AGREEMENT shall not be modified except by written agreement of theparties.GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the lawsof the State of California.NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding thisAGREEMENT, such notice may be furnished in writing by either party to the other and shall be servedby personal service as required in judicial proceedings or by certified mail, postage prepaid, returnreceipt requested, addressed to the parties as follows:CITY: City of Alhambra111 South First StreetAlhambra, CA 91801CONSULTANT: Tel: Fax: FORCE MAJEURE. Neither party shall be responsible for delays or failures in performanceresulting from acts beyond the control of the offending party. Such acts shall include, but not belimited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, strike,lockout, riot, freight embargo, public regulated utility, or government statutes or regulationssuperimposed after the fact.ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree thatthis Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, andthat such signatures shall have the same force and effect as original signatures, in accordance withCalifornia Government Code section 16.5 and Civil Code section 1633.7.IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executedon its effective date by their respective officers duly authorized on their behalf. CITY CITY OF ALHAMBRA, a Charter Law CityATTEST:By , Mayor Lauren Myles, City ClerkAPPROVED AS TO FORM:JOSEPH M. MONTES, CITY ATTORNEYBy CONSULTANT FULL NAME OF CONSULTANTTAXPAYER ID # By Print Name: Title: By Print Name: Title: